Last updated: 16.05.2017
I. General Terms
This agreement is between Happy Bellyfish UG, Kneippweg 3, 70374 Stuttgart, Germany, VAT DE 310341919 (below: “we”, “Happy Bellyfish” and a user of the Happy Bellyfish shop (below: “you”, “buyer”, “user”)
1. Acceptance of the Terms
You acknowledge and agree that by accessing or using the services or by downloading or posting any content from or on the site, via the application or otherwise through the services, you are indicating that you have read and that you understand and agree to be bound by these terms, whether or not you have registered with the services. If you do not agree to these terms, then you have no right to access or use this platform or the services provided on the platform, as well as its content.
By using this website and indicating acceptance of this Agreement, you represent that you are at least 18 years of age, either entering into this Agreement for yourself or as a parent or legal guardian, entering into this Agreement on behalf of your child or child legally in your care, and you understand and agree to be bound by this Agreement. Any parent or legal guardian entering into this Agreement on behalf of a child under the age of 18 understands and agrees to be responsible for any financial charges and/or legal liabilities incurred on the Site.
2. Accuracy, completeness, and timelessness of information (no warranty)
Although we will use reasonable skill and care in performing our services, we will not verify if, and cannot guarantee that, all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade, or maintenance of our website), any inaccurate, misleading, or untrue information, or non-delivery of information. We do not guarantee that the information available on the website has not been altered through technical defects or by unauthorized third parties. We may change the structure of the website, its functions, and the information displayed at any time. We do not provide any warranties, express or implied, in relation to the availability of the website or its functions, nor do we guarantee that the website is free from defects or that the infrastructure on which it runs is free from viruses and other harmful software defects or access by unauthorized third parties.
3. Privacy and Cookies
Happy Bellyfish respects your privacy. Please take a look at our privacy and cookies policy for further information.
4. Use Restrictions/Prohibited use
You are not allowed to re-sell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, or reproduce any content or information, software, products, or services available on our website for any commercial or competitive activity or purpose. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for any obscene or immoral purpose; or, (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
As a user of Happy Bellyfish, you can book activities, which are offered by partners, online by filling in a form and making a payment online. You may pay for the reservation by using PayPal or Stripe, or Credit Cards through PayPal or Stripe. All prices include 19% German VAT and shipping costs. After the payment you will receive an automated email about your purchase.
The euro is the default currency for prices and payments. Currency conversion on the website is used for informational purposes only and can vary during the transaction, based on the official currency rate to date. Happy Bellyfish may deduct foreign currency processing costs from any payment.
7. Shipping and delivery time
We ship all over products worldwide free of cost. The delivery time will depend on the country of origin of the product and the destination country. Happy Bellyfish is not responsible for any damage, theft or loss of the product during its shipment.
We do not cover any customs costs and import charges – the buyer is solely responsible for it if the product is a subject to any import duties.
9. Cancellation and refunds
A buyer can return the product within 14 days after you receive the product. A buyer is responsible for all shipping costs of the returns. Happy Bellyfish is not responsible for any damage, theft or loss. The refund is processed within 30 days after we receive the product back.
10. Limitation of liability and disclaimer
You expressly agree that your use of, or inability to use, the products purchased through the platform, is at your sole risk. In no case should Happy Bellyfish, our management, our agents, our employees, independent contractors or their employees or officers, be liable for injuries and/or damages relating to your access to (or inability to access) the website, or for any errors, omissions, or results obtained from the use of the website, or for the services and activities offered on the website, whatever the legal basis of such liability would be.
You agree to indemnify, defend, and hold harmless Happy Bellyfish and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
12. Intellectual property and Trademarks
Happy Bellyfish and the Intellectual Property rights pertaining thereto (other than User Generated Content), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets (collectively, “Intellectual Property”), whether or not registered, are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. Unless expressly permitted in the Terms, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify, or create derivative works of any material that is subject to our proprietary rights, including the Service’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means.
Happy Bellyfish, the company’s marks and logo, and all other proprietary identifiers used in connection with Happy Bellyfish are all our protected trademarks and/or trade names, whether or not registered. All other trademarks, service marks, trade names, and logos that may appear on Happy Bellyfish belong to their respective owners.
13. Links to third-party websites and third-party content
Our website may contain links to third-party websites and third-party content, including those provided by partners. We are excluded from all responsibility for all third-party content that may be available through the website, including the content provided by Partners regardless the channel and form of content they use. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with the use of or reliance on any services, content, products, or other materials available on or through any third-party websites. You use third-party websites linked to or from Happy Bellyfish at your own risk – we recommend that you read through the legal documents of those websites before using them.
14. Amendments to the Terms
Happy Bellyfish may change the terms and conditions of this agreement at any time by posting the changed information and documents on the website and by striving to inform users of the changes via email, on the website, or otherwise. Users and partners can terminate this agreement to end on the date on which the changes would take effect by informing us of the termination before such date. By continuing to use Happy Bellyfish following such changes, you agree to be bound by the amended Terms.