Terms & Conditions Customer Account
1 Scope of application
(1.1) These terms and conditions of business apply to customers’ participation in the “ETERNA FANCARD” program, which is run by ETERNA Mode GmbH, Medienstraße 12, 94036 Passau, HRB 6989, BE 0553739544, tel.: +49 (0)851 9816-0, fax: +49 (0)851 9816-465, e-mail: [email protected] (“ETERNA”).
(1.2) The program is offered in the following countries: Austria, Belgium, Denmark, France, Germany, Ireland, Luxembourg, the Netherlands, Spain, Switzerland, the United Kingdom. Customers from other European countries must collect the goods at a location agreed between ETERNA and the customer in a Member State for which ETERNA offers such a possibility in the general terms and conditions for access.
2 Description of the program
(2.1) ETERNA FANCARD gives customers of the bricks-and-mortar ETERNA brand stores and the online shops operated by ETERNA the possibility to collect bonus points and to receive a shopping voucher worth €50.00 for each ten bonus points collected (the “Threshold”). Customers receive one loyalty point per full €65.00 of turnover (after deduction of discounts and vouchers). Only turnover from sales of goods (and thus not from sales of gift vouchers) in a bricks-and-mortar ETERNA brand store and in the online shops operated by ETERNA is relevant for receiving bonus points. A list of the participating brand stores is available in the stores concerned and can also be accessed online at https://ie.eterna.de/fancard.
(2.2) Any individual who has reached the age of 18 can register in paper form or digitally for the ETERNA FANCARD (apart from employees of ETERNA and the participating brand stores) in their capacity as a consumer. To be able to register, customers have to provide their name, including title, address, date of birth (to check whether they are 18 or over and for identification purposes) and their e-mail address (“Basic Data”). Participation is free of charge. There is no legal right to participate.
(2.2.1) When registering in paper form, the participant’s personal signature is required on the registration form. ETERNA is at liberty to send an e-mail to the e-mail address provided by the customer within ten working days of the submission of the fully completed registration form to a bricks-and-mortar brand store confirming acceptance. If the customer does not receive any confirmation of acceptance within this period, they are no longer bound to their application.
(2.2.2) Registration in digital form is also possible on the tablet computers provided for this purpose in bricks-and-mortar ETERNA brand stores or on the website https://ie.eterna.de/fancard. In this case, the customer registers specifying the Basic Data referred to above and a password and triggers the creation of a personalised password-protected customer account by sending the digital application form. In this case ETERNA used as double opt-in process, i.e. ETERNA first of all sends a confirmation e-mail to the given e-mail address, in which the participant is request to confirm that the creation of a customer account is actually desired. If the customer in response expressly confirms the registration, ETERNA then immediately sends a second e-mail to the customer, which confirms acceptance and therefore activates the password-protected customer account.
(2.2.3) Participants who have initially registered in paper form in accordance with clause (2.2.1) are free to create a password-protected customer account using the process described in clause (2.2.2). Such a password-protected customer account enables the customer to use functions including the following: management of Basic Data as well as providing additional voluntary information (e.g. specifying preferences), overview of collected bonus points, overview of goods sales (“purchase history”). To make shopping in the online shops operated by ETERNA easier for the customer, the information requested during the ordering process is autocompleted with the data stored in the customer account, provided the customer is logged in to the customer account during the purchase.
(2.3) The sales turnover of the customer participating in “ETERNA FANCARD” and the resulting bonus points will be stored digitally in ETERNA’s computer system. If the customer declares withdrawal, or if the purchase contract is reversed in any other way, any bonus points originally awarded will be deducted again. The bonus points are not transferable to third parties. Customers can ask the staff in a local store to check their Bonus points to date, can contact ETERNA directly using the contact details stated in clause 1 or check them in the password-protected customer account, if they have one. In addition, customers may be informed by ETERNA about their Bonus points by e-mail periodically.
(2.4) If a customer has collected ten bonus points, they will be informed about this by ETERNA by e-mail and will receive a shopping voucher worth €50.00 within six (6) weeks (starting from the time the Threshold is reached). ETERNA will send the shopping voucher to the customer by e-mail or post. Pro rating of vouchers, for example for just eight bonus points collected, is not permissible.
(2.5) Customers can redeem shopping vouchers in every participating bricks-and-mortar ETERNA brand store and in the online stores operated by ETERNA to purchase goods (and therefore not to purchase shopping vouchers). A partial redemption of the voucher is not possible, i.e. the customer has to use up the voucher during a single purchase. If a balance is left over, it will expire. Paying out the balance in cash is not permissible. If the customer exercises their statutory right of withdrawal or if the purchase contract is reversed in any other way, the shopping voucher initially redeemed for the purchase concerned will be credited back to the customer.
3 Duration of the ETERNA FANCARD; validity of shopping vouchers
(3.1) The ETERNA FANCARD shall be valid indefinitely.
(3.2) The validity period of the shopping vouchers shall be three (3) years.
4 Termination of participation
(4.1) Termination by customers
(4.1.1) Customers may give notice on their participation in ETERNA FANCARD at any time without observing a notice period. The notice of termination may be given in writing (e.g. by e-mail).
(4.1.2) If the customer’s Bonus points have reached the “Threshold” of ten bonus points at the time their participation ends, the customer will receive a shopping voucher (in accordance with clause 2.4 of these Terms & Conditions), despite having given notice, unless the customer has informed ETERNA that they do not wish to receive the shopping voucher.
(4.2) Contractual termination by ETERNA
(4.2.1) ETERNA may give contractual notice on a customer’s participation in ETERNA FANCARD on one month’s prior notice to expire at the end of a month. The notice of termination may be given in writing (e.g. by e-mail).
(4.2.2) The customer is free to continue collecting bonus points until the end of the notice period. Clause 4.1.2 of these Terms & Conditions shall apply.
(4.3) Termination for cause
(4.3.1) ETERNA may give immediate notice of termination on the customer’s participation in ETERNA FANCARD for cause without observing a notice period. Customers are also entitled to give immediate notice of termination for cause, although they are able to give notice of termination on their participation in ETERNA FANCARD under clause 4.1 without observing a notice period. The notice of termination may be given in writing (e.g. by e-mail).
(4.3.2) Following immediate notice of termination by ETERNA, the customer’s Bonus points irrevocably expire at the time their participation is ended and the customer receives such notice shall not be permitted to participate again.
5 Amendments and additions to these Terms & Conditions; customer’s right to object
(5.1) ETERNA reserves the right to make amendments or additions to these Terms & Conditions at any time, whether necessary due to statutory provisions or to improve processing, prevent abuse or otherwise. Customers will be notified about the amendments or additions in writing (i.e. by e-mail) to the last e-mail address provided. The amendments or additions to these Terms & Conditions will be deemed to have been accepted unless the customer objects to them in writing (e.g. by e-mail) to ETERNA within six weeks of notification. ETERNA will point out the customer’s right to object in each individual case where amendments or additions are made to the Terms & Conditions and will point out the consequences of failing to object or objecting too late.
(5.2) If the customer objects to an amendment or addition to these Terms & Conditions, then their participation in ETERNA FANCARD will be continued on the basis of the Terms & Conditions applying up to that time. In this case, ETERNA may however make use of the right to give immediate notice of termination for cause provided in clause 4.2 of these Terms & Conditions.
6 Governing law
These Terms & Conditions are governed exclusively by the laws of the Federal Republic of Germany, excluding UN sales law. For consumers, this choice of law only applies provided that the protection granted is not withdrawn by mandatory rules of the state where the consumer has their usual place of residence.
Last modified: 10.05.2021