General Terms and Conditions for Participation in the Bonus Points Program
General Terms and Conditions for Participation in the Bonus Points Program
1. Definitions
1.1 These general terms and conditions (hereinafter "GTC") of R&Co Berlin GmbH (hereinafter "provider") apply to participation in the provider's bonus points program by a consumer or entrepreneur (hereinafter "customer"). The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Participation in the bonus points program
2.1 Participation in the bonus points program requires a separate registration. Another requirement is that the customer has set up a free customer account in the provider's online shop where the bonus points are collected.
2.2. By clicking the corresponding check box in the provider's online shop, the customer sends the provider an offer to participate in the provider's bonus points program. At the same time, the customer accepts the general terms and conditions listed here. The provider can reject the customer's participation within 72 hours of receiving the customer's registration. If the provider does not reject the customer's registration within this period, its offer is deemed to have been accepted.
2.3 The customer must provide the data requested as part of the customer registration completely and correctly. The customer is obliged to keep this data up to date at all times. The provider does not check the data transmitted for accuracy and completeness.
2.4 Each customer may only set up one customer account for themselves. Their entitlement to participate in the bonus points program applies only to them personally and is not transferable. This also applies to bonus points collected by the customer.
2.5 The customer agrees to be informed by email about his current points balance and special promotions for collecting points. However, the customer is not entitled to an email informing him about the expiration of his points. He is responsible for checking his customer account to find out when his points expire. The customer cannot separately revoke his consent to receive emails regarding the bonus points program, but only by completely terminating the contract to participate in the bonus points program.
3. Collecting bonus points
3.1 When ordering certain goods specially marked by the provider as part of the bonus points program via the provider's online shop, customers receive bonus points credited to their customer account. The credit is made automatically as soon as the order has the status "shipped" with the provider.
3.2 Bonus points can only be collected if the customer has a customer account, has also registered for the bonus points program and has also logged into their customer account before completing the order. In all other cases, no bonus points can be collected. 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 shop.
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. For special promotions, bonus points can also be credited to a different extent, which will be specifically communicated to the customer as part of the relevant promotion.
3.4 If a contract is reversed (e.g. due to cancellation, termination of contract, contestation, withdrawal, etc.), no bonus points will be credited for this contract. If the customer wishes to cancel his contract partially and the provider accepts the partial cancellation, no bonus points will be credited, neither for the returned goods nor for the goods that the customer keeps. If bonus points have already been credited for the contract, the corresponding points will be subsequently deducted from the customers account. The same applies to incorrect bookings by the provider. If the customer account does not have sufficient funds to deduct the bonus points (e.g. because they have already been redeemed for another order), the provider is entitled to proceed as described in point 4.12.
3.5 The provider reserves the right to temporarily suspend its bonus points program or to change the modalities for this if other discounts or rebates are granted or if goods are offered as part of special promotions or special events.
3.6 Bonus points cannot be collected for the purchasing vouchers.
3.7 Bonus points cannot be collected for items that have been ordered but cannot be delivered.
3.8 Bonus points cannot be collected if points are redeemed at the same time.
4. Redemption of bonus points
4.1 Bonus points can only be redeemed in the provider's online shop and only for the items specified by the provider for the points values communicated by the provider. Redemption in the store or for apartment bookings is not possible.
4.2 Bonus points can be redeemed within a period of 12 months from the point being generated in the customer's customer account. After the mentioned period has expired, the bonus points lose their validity.
4.3 Bonus points are redeemed according to priority, i.e. the bonus points acquired first are redeemed first.
4.4 The customer must be logged into their customer account to redeem their bonus points.
4.5 Bonus points can only be redeemed before completing an order process. If the order already has been sent to the provider than bonus point cannot be redeemed subsequently any more for this order.
4.6 If the points value is not sufficient to cover the purchase price, one of the other payment methods offered by the provider can be selected to pay the difference.
4.7 The points balance will not be paid out in cash and will not accrue interest.
4.8 Bonus points are not transferable to another account and can only be redeemed by the owner of the associated customer account.
4.9 The customer is not entitled to redeem bonus points for purchase a voucher. If he has nevertheless redeemed bonus points for this purpose, the provider is entitled to subsequently demand the value of the corresponding points or to refuse to fulfill the contract for which the points were redeemed. In the latter case, the provider has to refund payments already received. The corresponding points that were redeemed for this purpose will not be recredited again.
4.10 Bonus points can also be redeemed if the customer chooses the shipping method “Pick up in store”. The provider has the right to limit the selection of shipping methods offered to “Pick up in store” for certain customer accounts without giving reasons.
4.11 The customer is not entitled to redeem points that they have acquired for a contract that is still being reversed.
4.12 If bonus points have already been redeemed before the provider can deduct these bonus points from the customer account (e.g. for the reasons stated under point 3.4), the provider is entitled to subsequently demand the value of the corresponding points or to refuse to fulfill the contract for which the points were redeemed. In the latter case, the provider has to refund already received payments. The corresponding points that were redeemed for this order will not be recredited again.
Alternatively, the provider is entitled to deduct the value of the corresponding bonus points from the amount which should be refunded related to the contract which still be reversed. This is expressly the case if a customer wishes to cancel or withdraw a contract for which he has collected points and he already has redeemed this points for another order and the associated goods already have been shipped.
4.13 If a contract is reversed (e.g. due to cancellation, termination of contract, contestation, withdrawal, etc.) that was paid in full or in part with bonus points, the bonus points redeemed for the contract will not be credited back to the customer account and will expire.
If the customer has paid for a contract partly with bonus points and partly with another payment method and the customer wishes to partially cancel their contract and the provider accepts the partial cancellation, the value of all redeemed bonus points will first be considered to calculate any refund and only any difference will be refunded.
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 their customer account.
5.2 The customer must raise any objections to the accuracy or completeness of the stored points balance in writing to the provider within one month of becoming aware of them. If the customer fails to raise any objections within the aforementioned period, this is deemed to be approval of the stored points balance.
6. Termination of the customer account and termination of the bonus points program
6.1 The user agreement and thus also the contract to participate in the bonus points program is concluded for an indefinite period.
6.2 The customer can declare his termination of the contract to participate in the bonus points program in his customer account at any time without observing a period of notice.
6.3 The customer can delete his customer account at any time without observing a notice period. He thereby also declares the termination of the contract to participate in the bonus points program. His collected bonus points will also be deleted. The provider does not have to pay any compensation for this.
6.4 If the customer terminates the contract to participate in the bonus points program, the customer cannot redeem his collected bonus points. The provider does not have to pay any compensation for this. He can declare his consent to participate in the bonus points program again at any time.
6.5 The provider can terminate the contract to participate in the bonus points program with four weeks' notice.
6.6 The right to extraordinary termination for good cause remains unaffected. An important reason exists 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 the circumstances of the individual case and weighing up the interests of both parties.
6.7 If the contract for participation in the bonus points program is terminated by the provider, the customer will be given the opportunity to redeem his or her collected bonus points until the termination of the user contract in accordance with the above provisions, unless the customer has culpably given cause for termination for an important reason.
7. Termination of the bonus points program
7.1 The provider reserves the right to terminate the bonus points program with a reasonable period of notice, or without such a period of notice if there is an important reason, taking into account the legitimate interests of the customer.
7.2 If the provider terminates the bonus points program, the customer can redeem the bonus points collected up to the time of termination in accordance with the above provisions within a period of four weeks from the announcement of the termination. Otherwise, the bonus points collected will expire without the provider having to pay any compensation for this.
7.3 The bonus points program is in a test phase until May 31, 2025 and can be terminated by the provider without notice during this time without giving reasons. The provider is not obliged to inform the customer in advance of the impending end of the bonus points program within this period. Bonus points collected will expire without the provider having to pay any compensation for this.
8. Right to change
8.1 The provider reserves the right to change the content of its bonus points program and/or these terms and conditions at any time, provided the customer agrees to the change.
8.2 The provider also reserves the right to change the content of its bonus points program and/or these terms and conditions without the customer's consent,
· if it is obliged to do so due to a change in the legal situation;
· f it thereby complies with a court ruling or an authority decision directed against it;
· if the change is only advantageous for the customer; or
· if the change is purely technical or procedural, unless it has significant effects on the customer.
8.3 The provider will inform the customer of significant changes to its bonus points program and/or these terms and conditions in a timely and appropriate manner. Significant changes are those that would significantly postpone the contractual relationship to the customer's disadvantage or would amount to the conclusion of a completely new contract. These include regulations on the type and scope of the bonus points 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 applies to all legal relationships between the parties. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
9.2 If the customer acts as a merchant, legal entity under public law or 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 is the registered office of the provider. If the customer is based outside the territory of the Federal Republic of Germany, the registered office of the provider is 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 registered office.
