Terms of Use

1. Scope

1.1 These terms of use apply, in the version valid at the time the contract is concluded, to the participation of consumers within the meaning of § 13 of the German Civil Code (BGB) in:

• the engelhorn loyalty programme of Engelhorn Holding GmbH, Fabrikstationstraße 40, 68163 Mannheim, and the other companies of the Engelhorn Group (hereinafter also referred to as the “engelhorn Card”). You can view the participating companies of the Engelhorn Group here;

as well as

• the engelhorn x GRIDX loyalty programme of GRIDX Engelhorn S.A., 4-6 Rue des Trois Cantons, L-3980 Wickrange, Luxembourg (hereinafter also referred to as the “engelhorn x GRIDX card”).

1.2 The engelhorn Card is valid exclusively in Germany; the card issued via engelhorn GRIDX is valid exclusively in Luxembourg.

1.3 In the following, the aforementioned companies are also referred to as “engelhorn”, “we” or “us”.

2. Participation and conclusion of contract

2.1. If you wish to use the engelhorn Card, the following terms of use apply. Participation is free of charge. Any natural person who has reached the age of 16 is eligible to participate.

2.2. To participate, you must register online on our membership page. Fields marked with an “*” are mandatory. Please provide all information completely and correctly.

2.3. By submitting the online registration, you make us an offer to conclude a usage relationship on the basis of these terms of use. We decide at our own discretion whether to accept your offer. If we do not confirm your participation within a period of 10 working days, you are no longer bound by your offer.

2.4. We declare acceptance of the offer by email. Upon acceptance of your offer, we will send you your individual engelhorn Card by email for immediate use. Please note: your engelhorn Card is not transferable.

2.5. Upon acceptance of your offer and transmission of the engelhorn Card, a usage relationship is established between you and us. You are thereby entitled to participate in the loyalty programme in accordance with these terms of use.

3. Collecting loyalty points

3.1. With the engelhorn Card you can collect so-called loyalty points, which you can later redeem to your advantage.

3.2. For every purchase of goods at GRIDX Engelhorn, you receive one (1) loyalty point for every euro of turnover. Decimal places of the turnover in euros are rounded down.

3.3. No loyalty points are credited for services provided by engelhorn (e.g. alterations or rentals), for the purchase of travel or event tickets, or for an exchange of means of payment (e.g. the purchase of gift cards).

3.4. One loyalty point has a calculated value of one (1) euro cent.

3.5. In order for loyalty points to be credited, you must present your engelhorn Card when paying in store. Loyalty points are generally credited to your points account within a short time after completion of the transaction.

3.6. We may also credit you with loyalty points, for example for participating in engelhorn events, communities or special promotions. You will be informed of this when the respective promotion is announced.

3.7. We reserve the right to exclude the collection of loyalty points for individual sales promotions (e.g. for special sales with particularly favourable offers).

4. Points account

4.1. At the beginning of the usage relationship you will be informed by email and will receive your personal card by email. You can change your personal details via the contact address service@engelhorn.de.

4.2. You can also designate a main points account on which you collect points together with family members or friends. The main points account is a points account pursuant to this section 4 which is assigned to a single account holder. Loyalty points from further engelhorn Card holders can be credited to the main points account. You can arrange the option of collecting loyalty points for crediting to a main points account at any time via our customer service. The selection of this option only takes effect for the future. A subsequent transfer or re-transfer of loyalty points already credited is unfortunately not possible. If merged points accounts are dissolved, the points collected up to that time remain in the main account.

4.3. The balance in your points account is not transferable. You cannot offset the balance of your points account against existing monetary claims of engelhorn. Section 7 of these terms of use remains unaffected.

5. Status points and level programme

5.1. In addition to loyalty points, you can also collect turnover-based status points in order to reach various card levels with different benefits. You can view all advantages of the level programme and the associated benefits here.

5.2. Loyalty points and status points are independent of each other. Unless otherwise stipulated in this section 5, the provisions for loyalty points apply accordingly to status points.

5.3. You collect status points, just like loyalty points, through turnover and, where applicable, through further activities specified in the programme description. Depending on the card level and for selected items, a multiple credit of points per euro of turnover is also possible, deviating from section 3.2. An increasing number of status points leads to higher card levels and the associated benefits. Your personal reference date is the calendar day of your initial registration for the engelhorn Card. After being credited to your points account, your status points are valid until the next personal reference date and expire automatically thereafter.

5.4. If, with the status points collected since your last personal reference date, you exceed a level threshold, an upgrade to the correspondingly higher card level takes place immediately. If, on the other hand, on your personal reference date you do not have enough status points for your current card level, you will be downgraded to the level corresponding to your current points balance. All status points collected since the previous personal reference date are decisive in this respect.

5.5. You can also designate a main points account on which you collect status points together with family members or friends. The main points account is a points account pursuant to this section 5 which is assigned to a single account holder. Status points from further engelhorn Card holders can be credited to the main points account. Higher or lower levels reached jointly automatically apply to all linked accounts. You can arrange the option of collecting status points for crediting to a main points account at any time via our customer service. The selection of this option only takes effect for the future. A subsequent transfer or re-transfer of status points already credited is unfortunately not possible. If the merged points accounts are dissolved, the status points jointly collected up to that time remain in the main account.

5.6. Level changes will be communicated to you by email. In the case of level changes of linked accounts, all account holders will be informed by email or in their online shop account.

5.7. If we subsequently determine that you did not meet the requirements for granting status points or a benefit, or that these have subsequently ceased to apply, for example due to a reversal pursuant to section 6, we are entitled to cancel the benefit and correct your status points account.

5.8. We may change the conditions for status points and benefits associated with a level at any time with effect for the future. Status points and benefits already acquired are retained in this case. Otherwise, section 13.1 applies.

5.9. In addition, we reserve the right to terminate the level programme without replacement, subject to a period of six months to the end of the year. You are entitled to redeem the status points collected and benefits granted within the termination period under the conditions of this section 5 and to make use of the benefits of your level. Upon termination, the status points expire definitively and there is no further entitlement to a benefit. The engelhorn Card loyalty programme remains unaffected by any termination of the level programme.

6. Reversal of a transaction

6.1. If a transaction is (partially) reversed (e.g. exchange of goods, withdrawal, contestation, rescission), loyalty or status points already credited will be deleted or deducted to the extent that the entitlement pursuant to section 3.2 has subsequently ceased to apply.

6.2. If there are no loyalty points in your points account at the time of the reversal, the points account may show a negative balance after the subsequent deduction of points. If a negative balance is not settled within one year, you are obliged, upon our request, to provide monetary compensation for the negative balance. Section 3.4 applies accordingly.

7. Redeeming loyalty points

7.1. You can redeem your loyalty points at GRIDX Engelhorn to pay for goods and other services from a level of 200 loyalty points.

7.2. Loyalty points that you have collected at GRIDX Engelhorn can be redeemed immediately and at any time.

7.3. To redeem your loyalty points in store, you must present your engelhorn Card when paying. After redemption, the invoice amount is reduced by the value of the loyalty points. Unless you give different instructions, all available loyalty points will be redeemed up to the amount payable.

7.4. Older loyalty points are always used first. The points are valid for 36 months from the time they are credited to your points account. After this period has expired, the points expire on the next reference date, 1 January or 1 July.

7.5. The loyalty points may only be redeemed for the purposes stated in these terms of use. A payout of their monetary value is excluded.

8. Responsibility, loss of card, misuse

8.1. Your access data, including passwords, must be kept secret by you and must under no circumstances be made accessible to unauthorised third parties. You are fully responsible for any use and/or other activity carried out with your card or under your access data.

8.2. You must report the loss of the engelhorn Card, any suspicion that third parties have obtained knowledge of access data, and any suspicion of misuse by third parties immediately to the following contact: engelhorn Service-Center, O 5, 1-8, 68161 Mannheim, tel. +49 (0)621-167 0100 or by email to service@engelhorn.de.

8.3. We may block your engelhorn Card temporarily or permanently if there are concrete indications that you are or have been in breach of these terms of use and/or applicable law, or if we have another legitimate interest in blocking it. When deciding on a block, we will take your legitimate interests into appropriate account.

8.4. Misuse of the loyalty programme may be prosecuted under civil and criminal law.

9. Taking goods home on approval

9.1. We may, at our own discretion, grant engelhorn Card holders the right to take goods from our engelhorn stores home on approval in order to decide there, within a certain period (approval period), whether you wish to keep the goods. There is no entitlement to take goods home on approval, even if we have granted you this right in the past.

9.2. The approval period is three days, unless a different agreement has been made. The approval period may be extended voluntarily by engelhorn.

9.3. If you take goods home on approval, you must check them out at the checkout of the engelhorn store upon presentation of your engelhorn Card. A purchase contract is thereby concluded, whereby payment only becomes due after expiry of the approval period. We also grant you a right of withdrawal valid for the duration of the approval period, which you may exercise by bringing or sending the goods back to the engelhorn store within this period unworn, with tags attached and without signs of wear, stating your customer number. During the approval period, the goods remain the property of engelhorn.

9.4. The loyalty points for a purchase after taking the goods home on approval will be credited to you after expiry of the approval period.

10. Data protection

10.1 Your personal data is always processed in accordance with the applicable data protection provisions.

The use of the data collected within the loyalty programme for our own advertising purposes, in particular for sending interest-based advertising, for information about promotions and events, and for measuring the success of advertising measures, takes place on the basis of overriding legitimate interests pursuant to Art. 6(1)(f) GDPR.

The use of the data for advertising purposes that requires the transfer of personal data to third parties, in particular for displaying advertising on the internet, takes place on the basis of consent pursuant to Art. 6(1)(a) GDPR.

The data may be used for our own marketing activities, including:

• analysis of shopping habits in order to further improve our offering (Art. 6(1)(f) GDPR);
• interest-based design of advertising campaigns (Art. 6(1)(f) GDPR);
• use of the data for the controller’s own campaigns (Art. 6(1)(f) GDPR);
• sending newsletters (Art. 6(1)(a) GDPR);
• analysis of user behaviour (Art. 6(1)(f) GDPR);
• analysis for the personalisation of content (Art. 6(1)(f) GDPR);
• advertising involving the transfer of personal data to third parties, in particular for displaying interest-based advertising on the internet (Art. 6(1)(a) GDPR).

10.2. Detailed information on processing operations, the controllers and your rights can be found under “Loyalty programme” in our privacy policy.

11. Liability

11.1. We are liable without limitation for the intentional or negligent injury to life, body and/or health, for other damage caused intentionally or through gross negligence, and in cases of product liability under the Product Liability Act.

11.2. For damage resulting from non-compliance with any guarantees given in writing, we are liable to the extent of your financial interest that is covered by the purpose of the guarantee and was recognisable to us when it was given.

11.3. For the breach of material contractual obligations due to slight negligence, our resulting liability for damages is limited to the extent of damage which we typically had to expect to arise at the time the contract was concluded, on the basis of the circumstances known to us at that time. Material contractual obligations are those fundamental obligations that were decisive for your conclusion of the contract and on the fulfilment of which you were entitled to rely.

11.4. Otherwise, any liability for damages on our part, regardless of the legal basis, is excluded. This exclusion of liability also applies insofar as you demand compensation for futile expenses instead of a claim for compensation of damage in lieu of performance.

11.5. Insofar as our liability is excluded under these provisions, this also applies to the liability of our corporate bodies, vicarious agents and persons employed in performing our obligations, in particular employees.

12. Termination

12.1. You can terminate your participation in the engelhorn loyalty programme at any time with effect for the future. You can carry out the termination in text form (e.g. by email or letter).

12.2. Termination by engelhorn is only possible subject to a reasonable notice period of one month.

12.3. The possibility of termination for good cause remains unaffected.

12.4. In the event of termination, your engelhorn Card will be deactivated when the termination takes effect and your points account will be deleted. Loyalty points and status points existing at the time of deletion expire without replacement; in particular, no payment in money will be made.

13. Final provisions

13.1. We reserve the right to amend these terms of use at any time, also with effect within existing usage relationships. The amendments will not affect the fundamental orientation of the loyalty programme — the free granting of advantages for turnover at engelhorn. However, in particular the participating engelhorn stores, the inclusion or exclusion of certain goods and services from the loyalty programme, the provisions and calculation methods for collecting and redeeming loyalty points, and administrative provisions for operating the loyalty programme may change. You will be notified of such amendments, subject to a period appropriate to the respective amendment, before the planned entry into force. Unless you object within this period and continue your participation in the loyalty programme after expiry of the objection period, the amendments will be deemed effectively agreed between us from the expiry of the period. In the event of your objection, the usage relationship will be continued under the previous conditions. However, we reserve the right, in the event of your objection, to terminate the usage relationship in accordance with section 12. In the amendment notice you will be informed of your right of objection and of the consequences; upon timely notification of an amendment by us, a reasonable period pursuant to section 12.2 is deemed set.

13.2. The contract text will be stored by us but will no longer be accessible to you after conclusion of the contract. The contract language is English.

13.3. The law of the Grand Duchy of Luxembourg applies, excluding Luxembourg international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law only applies insofar as it does not deprive you of the protection of mandatory provisions of the law of the state in which you have your habitual residence at the time the contract is concluded.

13.4. Should a provision of these terms of use be or become invalid, the validity of the remaining provisions shall remain unaffected. In such a case you are, together with us, obliged to cooperate in the creation of provisions by which a result that comes as economically close as possible to the invalid provision is legally effectively achieved. The foregoing applies accordingly to the closing of any gaps in the contract.