Terms and conditions for participation in the SPORTKIND Member Programme
1 Scope of application and definition of terms
1.1 These General Terms and Conditions (hereinafter "GTC") of Sportkind - Nadine Lux und Gabi Windisch GbR (hereinafter "Provider"), apply to participation in the Provider's Member Programme by a consumer (hereinafter "Customer"). The inclusion of the Customer's own terms and conditions is hereby rejected, 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.
1.4 Information on the processing of your personal data by Sportkind can be found in our Privacy Policy.
1.5 The Member Programme is aimed exclusively at private end customers. Dealers, resellers and contract players cannot participate.
2 Registration for the Member Programme
2.1 Participation in the Member Programme does not require separate registration. However, the customer must set up a free customer account in the provider's online shop, in which the bonus points collected and the member level achieved to date are stored. Once the customer account has been successfully set up, the customer automatically participates in the provider's member programme.
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 themselves. Their entitlement to participate in the Member Programme applies only to them personally and is not transferable. This also applies to bonus points collected by the customer and the member level achieved.
3 Collecting bonus points and reaching the member levels
3.1 When ordering goods via the provider's online shop or when shopping in the store in Augsburg, customers receive bonus points credited to their customer account. The points are credited automatically as soon as the order has the status "paid".
3.2 Bonus points are only ever credited to the customer account through which the order or purchase was made. It is not possible to transfer bonus points to other customer accounts of the provider.
3.3 Unless otherwise stated, the customer receives one bonus point for every full euro of the gross order or purchase 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 cancelled (e.g. due to revocation, cancellation, 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 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 Member Programme or to change the modalities thereof 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 and reaching the member levels
4.1 Bonus points can be redeemed in the provider's online shop or Augsburg 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 for rewards offered within a period of 12 months from the date on which they are credited to the customer account in the provider's online shop. After expiry of the aforementioned period, the bonus points lose their validity and are cancelled. If points have been converted into coupons and rewards, the customer will receive a personalised discount code that can be redeemed within 6 months.
4.3 The redemption and conversion of bonus points is prioritised, i.e. the bonus points acquired first are redeemed first.
4.4 Bonus points can only be redeemed or converted into rewards before completing an order transaction. Subsequent offsetting against an already completed purchase is not possible.
4.5 If the points value or the bonus 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 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.
4.8 From the time of participation in the points programme, a customer can reach different member levels by spending different amounts in the following 12 months. If he spends up to €250 gross, the customer reaches the Pro Member level, from €500 the PLUS Member level and from €1000 the PREMIUM Member level. After reaching the respective level, the customer receives further benefits and advantages, which can be viewed on the member page. Once the customer has reached the respective status, they retain this until the end of the current calendar year and the following year.
5 Storage of bonus points and member levels
5.1 The customer's bonus points and member level are stored in the customer account and can be viewed by the customer at any time in their customer account. To do this, the customer must click on the gift symbol in the account and take the information from the pop-up that then opens.
5.2 The customer must raise any objections to the accuracy or completeness of the stored points balance and the member level 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 points balance.
6 Cancellation of the customer account
6.1 The contract of use (and therefore also the contract for participation in the Member Programme) is concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period by sending an email to kundenservice@sportkind.de. The provider may terminate the contract subject to a notice period of four weeks.
6.2 The right to extraordinary cancellation for good cause remains unaffected. An important reason exists if the cancelling 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 Cancellation of participation in the Member Programme can be made in writing by email to kundenservice@sportkind.de. The continued existence of the customer account remains unaffected.
6.4 If the customer cancels his entire customer account or participation in the Member Programme with immediate effect, the bonus points collected by the customer will expire and the member status will be reset 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 the bonus points collected until termination of the contract of use in accordance with the above provisions, unless the customer has culpably given cause for termination for good cause.
6.6 The provider reserves the right to exclude customers from the programme if there is a suspicion of misuse.
7 Termination of the Member Programme
7.1 The Provider reserves the right to terminate the Member Programme subject to a reasonable period of notice, or without notice if there is good cause, taking into account the legitimate interests of the Customer.
7.2 If the Member Programme is discontinued by the Provider, 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 will 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 Member Programme and/or these GTC at any time without giving reasons, unless this is unreasonable for the Customer. The Provider shall notify the Customer of such changes in text form in good time. If the customer does not object to the changes within a period of four weeks after notification, the changes shall be deemed to have been accepted by the customer. In the notification, the provider shall draw the customer's attention to his right of objection and the significance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship shall continue to exist under the original conditions.
8.2 Furthermore, the Provider reserves the right to change the content of its Member Programme and/or these GTC,
- insofar as it is obliged to do so due to a change in the legal situation;
- insofar as it thereby complies with a court judgement 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 customer's right of cancellation 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.
