General Terms and Conditions for Participation in the Albenisa Club Bonus Program
1. Scope of application, definitions
1.1 These General Terms and Conditions (hereinafter “GTC”) of Albenisa GmbH (hereinafter “Provider”) apply to participation in the Provider's Albenisa club program by a consumer or entrepreneur (hereinafter “Customer”). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. Registration for the Albenisa club Program
2.1 Participation in the Albenisa club program does not require separate registration. However, the customer must set up a free customer account in the provider's online store in which the bonus points collected are stored. Once the customer account has been successfully set up, the customer automatically participates in the provider's Albenisa club program.
2.2 The customer can set up his customer account using the online form provided by the provider for this purpose. Sending the registration data constitutes the customer's offer to conclude a contract of use, which the provider can accept, but does not have to accept.The provider can accept the customer's offer within 48 hours of receipt of the application by means of an electronically transmitted registration confirmation or by activating the customer account.If the provider does not accept the customer's contractual offer within the aforementioned period, this shall be deemed a rejection of the offer.
2.3 The data requested during registration must be provided completely and correctly by the customer. The customer is obliged to keep this data up to date at all times. The data provided will not be checked by the Provider for accuracy and completeness.
2.4 Each customer may only set up one customer account for himself. His entitlement to participate in the Albenisa club program applies only to him personally and is not transferable. This also applies to bonus points collected by the customer.
3. collection of bonus points
3.1 When ordering certain goods specially marked by the provider as part of the Albenisa club program via the provider's online store, customers receive bonus points credited to their customer account. The bonus points are credited automatically as soon as the order has the status “completed” with the provider, but no later than 21 days after the order has been sent.
3.2 Bonus points are only ever credited to the customer account through which the order was placed. It is not possible to transfer bonus points to other customer accounts in the provider's online store.
3.3 Unless otherwise stated, the customer receives one bonus point for every full euro of their gross order value. Any additional shipping costs incurred are not taken into account. In the case of special promotions, bonus points may also be credited in a different amount, which will be specifically communicated to the customer as part of the relevant promotion.
3.4 If a contract is rescinded (e.g. due to revocation, annulment, rescission, withdrawal, etc.), no bonus points will be credited for the contract in question. If bonus points have already been credited for the contract in question, the corresponding bonus points credit will be subsequently deducted from the customer's credit account. The same applies to incorrect bookings by the provider.
3.5 The provider reserves the right to temporarily suspend its Albenisa club program or to change the modalities for this if other benefits or discounts are granted or if goods are offered as part of special promotions or special events.
4. redemption of bonus points
4.1 Bonus points can only be redeemed in the provider's online store and only for the items designated for this purpose by the provider at the point values communicated by the provider in each case.
4.2 Bonus points can be redeemed within a period of 6 months from the date on which they are credited to the customer account in the provider's online store. After expiry of the aforementioned period, the bonus points lose their validity.
4.3 The redemption of bonus points takes place according to priority, i.e. the bonus points acquired first are redeemed first.
4.4 Bonus points can only be redeemed before completing an order transaction. Subsequent offsetting against an already completed purchase is not possible.
4.5 If the bonus points value is not sufficient to cover the purchase price, one of the other payment methods offered by the provider can be selected to settle the difference.
4.6 The bonus points balance is neither paid out in cash nor does it bear interest.
4.7 Bonus points are non-transferable and can only be redeemed by the holder of the corresponding customer account.
5. storage of bonus points
5.1 The customer's bonus points are stored in the customer account and can be viewed by the customer at any time via his customer account.
5.2 The customer must raise any objections to the accuracy or completeness of the stored bonus points balance with the provider in text form within one month of becoming aware of them. If the customer fails to raise any objections within the aforementioned period, this shall be deemed approval of the stored bonus points balance.
6. Termination of the customer account
6.1 The contract of use (and thus also the contract for participation in the Albenisa club program) is concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period. The provider may terminate the contract subject to a notice period of four weeks.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
6.3 Notice of termination may be given in writing, in text form or by the customer deleting their customer account.
6.4 If the customer terminates his customer account with immediate effect, the bonus points collected by the customer shall expire without the provider having to pay any compensation.
6.5 If the contract is terminated by the provider, the customer shall be given the opportunity to redeem his accumulated bonus points in accordance with the above provisions until termination of the contract of use, unless the customer has culpably given cause for termination for good cause.
7. Termination of the Albenisa club Program
7.1 The provider reserves the right to terminate the Albenisa club program subject to a reasonable period of notice, or without notice if there is an important reason, taking into account the legitimate interests of the customer.
7.2 If the provider discontinues the Albenisa club program, the customer may redeem the bonus points collected up to the discontinuation in accordance with the above provisions within a period of four weeks from the announcement of the discontinuation. Otherwise, the accumulated bonus points expire without the provider having to pay any compensation.
8. reservation of right to make changes
8.1 The provider reserves the right to change the content of its Albenisa club program and/or these GTC at any time, provided that the customer agrees to the change.
8.2 The provider also reserves the right to change the content of its Albenisa club program and/or these GTC without the customer's consent, insofar as it is obliged to do so due to a change in the legal situation; insofar as it thereby complies with a court ruling or an official decision directed against it; if the change is merely advantageous for the customer; or if the change is purely technical or procedural, unless it has a significant impact on the customer.
8.3 The provider shall inform the customer in good time and in a suitable form of any significant changes to its Albenisa club program and/or these GTC. Material changes are those that would significantly shift the contractual relationship to the detriment of the customer or would be equivalent to the conclusion of a completely new contract. These include, for example, regulations on the type and scope of the Albenisa club program or on the contract term and termination modalities.
8.4 The customer's right of termination remains unaffected by this.
9. final provisions
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the provider. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the provider shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the provider is in any case entitled to appeal to the court at the customer's place of business.
