GENERAL TERMS AND CONDITIONS OF PARTICIPATION FOR THE CUSTOMER CARD PROGRAM
The customer card program is operated by The KaDeWe Group GmbH, Katharina-Heinroth-Ufer 1, 10787 Berlin (“The KaDeWe Group”) according to these Terms and Conditions of Participation and applies in the department stores of the KaDeWe Group (currently: KaDeWe, Tauentzienstraße 21–24, 10789 Berlin; Alsterhaus, Jungfernstieg 16–20, 20354 Hamburg; and Oberpollinger, Neuhauser Straße 18, 80331 Munich). The respective version of the following General Terms and Conditions of Participation applies to the participation of customers (hereinafter referred to as “Participants”) in the customer card program.
2. CONTACT AND INFORMATION
The Participant can make contact and get information for the customer card program through the following contact data:
In KaDeWe: KaDeWe Customer Service, Tauentzienstraße 21–24, 10789 Berlin, Tel.: +49 30 2121 2053 or 2056. store.kadewe.de email address: firstname.lastname@example.org
In Alsterhaus: Alsterhaus Customer Service, Jungfernstieg 16–20, 20354 Hamburg. Tel.: +49 35 901 218. www.alsterhaus.de email address: email@example.com
In Oberpollinger: Oberpollinger Customer Service, Neuhauser Straße 18, 80331 Munich, Tel.: +49 89 2902 3235. www.oberpollinger.de. email address: firstname.lastname@example.org
3. PROGRAM DESCRIPTION
The customer card (as a Premium, Superior, or Royal Card) entitles the Participant to participate in the customer card program. The customer card is used to store the spending of the Participant on the individual customer card account of the Participant. On the basis of the amount spent and recorded in this way, the Participant receives a refund in the form of shopping voucher after the end of the calendar year if the necessary spending volume is achieved according to the specified scale of purchase values (see section 5. Refund).
4. REGISTRATION AND PARTICIPATION
Any natural person 16 years of age or older can become a Participant. Participation is free. Providing your name, your form of address, your address, and your date of birth (the “Basic Data”) and signing the application form, or concluding the customer card application online, with confirmation via the registration confirmation link sent to you, are preconditions for participation. If you have provided an email address in the application form or as part of the online application, you will receive all non-promotional communication in connection with the customer card program (the “Notifications Concerning the Customer Card Program”), for example information on the customer card program itself, changes to the contact data, or information on updated Terms and Conditions of Participation, exclusively via email. Please note that we will send you Notifications Concerning the Customer Card Program via email even if you have not consented to having advertising sent via email or have withdrawn your consent. The KaDeWe Group reserves the right to reject the participation of persons for cause. The KaDeWe Group also reserves the right to exclude the Participant from further participation in the customer card program in the event of abuse. The Participant avers that all information he or she provides is correct and that he or she shall notify The KaDeWe Group immediately of changes to his or her Basic Data. Otherwise, vouchers cannot be issued properly, for example.
The Participants in the customer card program receive the following refund for spending carried out and recorded in the department stores of The KaDeWe Group within one calendar year:
THE CUSTOMER CARD POINTS PROGRAM
One point is credited for each €1.00 spent.
With 500 or more points, the Participant can redeem the points in the following year for a shopping voucher.
A cash payout is not possible.
For annual spending of 5,000 euros or more (5,000 points; multiple counting from any sales is not included in the determination of the status), the Participant receives the status “Superior” (see section 7.2) and will be sent his or her personal “Superior Card” in the following year.
For annual spending of 10,000 euros or more (10,000 points; multiple counting from any sales is not included in the determination of the status), the Participant receives the status “Royal” (see section 7.3) and will be sent his or her personal “Royal Card” in the following year.
The number of points collected can be viewed at the respective Customer Service department or online on the homepage of the department store.
OVERVIEW OF THE POINTS SCALE FOR THE SPENDING IN ONE CALENDAR YEAR:
500 points: Voucher with a value of €5.00
600 points: Voucher with a value of €6.00 etc.
5,000 points: Voucher with a value of €50.00
5,100 points: Voucher with a value of €51.00 etc.
Furthermore, a number of points specified by The KaDeWe Group can be offered for certain sales. The points program does not apply to printed materials, services, greeting cards, travel, tobacco products, or deposits or to purchases from tenants. A list of the tenants and concession partners can be viewed at all cash registers. The refund is issued in the form of a shopping voucher. Starting at the end of the calendar year in which the transactions relevant to the points were made, the Participant can have this issued within one year at the respective Customer Service department or online on the homepage of the department store. The shopping voucher can then be redeemed in all department stores of The KaDeWe Group within three years of issue.
6. RECORDING OF SPENDING AND INCLUSION IN THE CALCULATION OF THE REFUND
The spending of the Participant must be recorded in order to determine the refund entitlement. For this purpose, the Participant must have the customer card recorded during the checkout process. The KaDeWe Group is entitled to initially include spending in the refund calculation on a provisional basis and only later on a final basis, for example if, after an advance payment, an item is not paid for fully until later, or if it is necessary to wait due to rights of revocation and withdrawal. Spending can be excluded from the refund entitlement if the other discounts or concessions are granted to the Participant or for services within the scope of special sales.
Spending that has been included in the calculation can be canceled if the General Terms and Conditions of Participation are violated, the preconditions for inclusion in the calculation cease to be met (e.g., if purchased merchandise is returned or not paid for), an erroneous entry was recorded, or abuse on the part of the Participant exists. Objections concerning the correctness or completeness of the amount of spending (a complaint) on the customer card account must be made in writing to the contact points provided (see section 2) no later than three months of issue of a shopping voucher.
For this purpose, the complete corresponding receipt, provided with the customer card number, must be attached, and the customer card number must be indicated. In the absence of a timely complaint, the value of the shopping voucher issued to the Participant is considered approved.
7. ADDED BENEFITS/REWARDS OF THE CUSTOMER CARD
The Participant can view the added benefits and/or rewards of the respective customer card (PREMIUM CARD, SUPERIOR CARD, ROYAL CARD) at store.kadewe.de/en/loyalty-card, www.oberpollinger.de/en/loyalty-card, and www.alsterhaus.de/en/loyalty-card. The Participant has no claim to the added benefits and/or rewards. The KaDeWe Group has the option to modify, supplement, or cancel these unilaterally and, if a compelling reason exists, at any time.
7.1. PREMIUM CARD
Upon registration with the customer card program, the Participant becomes a Premium customer and enjoys varying added benefits and/or rewards starting on the day of registration. These may include: pre-sale participation and customer-card-specific shopping benefits.
7.2. SUPERIOR CARD
With 5,000 euros (5,000 points; multiple counting from any sales is not included in the determination of the status) or more within the calendar year, the Participant becomes a Superior customer. If a spending threshold is exceeded, an upgrade occurs in the following year. The “Superior” status then applies to the entire calendar year. Specific varying added benefits and/or rewards are associated with “Superior” status. These may include: free coffee at specified locations, a 10% voucher for a product*, and two glasses of free champagne on a date selected by the customer card holder.
7.3. ROYAL CARD
ROYAL CARD With 10,000 euros (10,000 points; multiple counting from any sales is not included in the determination of the status) or more within the calendar year, the Participant becomes a Royal customer. If a spending threshold is exceeded, an upgrade occurs in the following year. The “Royal” status then applies to the entire calendar year. Specific varying added benefits and/or rewards apply to the Participant with “Royal” status. These may include: gift on his or her birthday, a Superior breakfast, free apparel alteration service, and a 10% voucher for a purchase*.
8. CANCELLATION, TERMINATION, AND MODIFICATION OF THE TERMS AND CONDITIONS OF PARTICIPATION
The customer card is linked to the customer card program. Termination of participation in the customer card program is possible at any time. The KaDeWe Group may terminate the Participant’s participation in the customer card program with four weeks’ notice. If participation is terminated for cause (e.g., fictitious transactions were made; services were canceled in order to have spending included in the calculation under false pretenses), The KaDeWe Group can terminate the participation relationship without respecting the notice period. In the event of termination for cause, the customer’s entitlement to a refund is forfeited. The program operator reserves the right to discontinue the customer card program with an appropriate notice period, or even without such a period if good cause exists. Furthermore, The KaDeWe Group reserves the right to modify or supplement the existing Terms and Conditions of Participation if and to the extent that this is necessary in the interest of simple and secure processing and to prevent abuse. Claims that have already come into being at the time the customer card program is discontinued or the Terms and Conditions of Participation are modified shall remain unaffected by this. Any changes to the Terms and Conditions of Participation will be sent to you in text form via email if you have provided your email address. In addition, modifications will be published on the website of The KaDeWe Group at www.kadewe.com/kundenkarte, www.oberpollinger.com/Kundenkarte, and www.alsterhaus.com/kundenkarte. The modification or supplementation of the Terms and Conditions of Participation is considered approved by the Participant if the Participant does not object to the change in text form, e.g. via email, within six weeks of notification or terminate participation in the customer card program. This also applies if the Participant continues to use the customer card after the objection period ends. If the Participant objects to the change, the earlier Terms and Conditions continue to apply to him or her. In this case, The KaDeWe Group reserves the right to ordinary termination of the relationship with the customer who objects with four weeks’ notice. The KaDeWe Group will alert the Participant to this once again separately in the notification.
The personal data associated with participation is collected, processed, and used in accordance with the statutory data protection requirements. German law applies with the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the event of intent or gross negligence, or if a guaranteed characteristic is absent, The KaDeWe Group has unlimited liability for all damage attributable to this. In the event of slight negligence, The KaDeWe Group has unlimited liability for fatal injury, bodily injury, and injury to health. If The KaDeWe Group is in default on its performance due to slight negligence, if its performance has become impossible, or if it has violated an essential obligation, it is liable for the property damage and financial losses in the amount of the foreseeable damage that typically arises.
10. DATA PROTECTION PROVISIONS FOR THE BASIC DATA AND SPENDING REFUND OF THE DATA CUSTOMER CARD PROGRAM
Participation in the customer card program requires that you provide your name, your title/form of address, your complete postal address, and your date of birth (Basic Data). If you present the customer card when making a purchase, data is collected concerning the time and place that the customer card is used, the merchandise purchased, and the amount spent (refund data).
DATA PROCESSING FOR THE PURPOSE OF OPERATING THE CUSTOMER CARD PROGRAM
The Basic Data and any further voluntary contact information (e.g., mobile telephone number or email address), as well as the refund data, is collected, stored, and used by The KaDeWe Group for processing the customer card application, managing the customer relationship, and operating the customer card program. The refund data is required in order to calculate the spending refund you achieve (see section 6).
USE OF YOUR DATA FOR MARKET RESEARCH PURPOSES
Pseudonymized internal analyses are performed on the basis of your existing refund data in order to optimize our offerings. Analysis specific to you as an individual and advertising based on it only occur if you have given us corresponding consent (see the next section: USE OF YOUR DATA FOR ADVERTISING PURPOSES). If you have not given us your consent for this, no analysis specific to you as an individual and no combination of the personal Basic Data with the analysis data occur. Your required data is transferred to assigned service provider companies (order data processors) on a case-by-case basis for advertising (possibly specific to you as an individual) . No transfer to third parties occurs. Furthermore, your personal data (Basic Data, voluntary contact data [e.g., mobile telephone number or email address] and refund data) is stored and used by The KaDeWe Group for internal analysis for the purpose of further improvement of the customer card program. Upon request, we will be happy to inform you of what specific data is stored for you. For any further information or explanations, please contact the data protection officer of The KaDeWe Group by email at email@example.com or by post at the following address: KaDeWe Group Data Protection, Katharina-Heinroth-Ufer 1, 10787 Berlin.
USE OF YOUR DATA FOR ADVERTISING PURPOSES
If you have consented to advertising (e.g., sending of advertising, our magazine, invitations to events, offers, and news by email, post, or telephone), your Basic Data, voluntary contact data (e.g., mobile telephone number or email address), and refund data are used correspondingly by The KaDeWe Group for the purpose of advertising aimed at you. When you make a purchase in a department store of The KaDeWe Group (KaDeWe, Alsterhaus, or Oberpollinger) or on one of our websites (kadewe.de, alsterhaus.de, or oberpollinger.de) using your customer card, information directed at you individually is provided and offers are extended. These offers are partially based on the internal analyses (see previous section) and can be oriented towards your specific requirements and needs.
TRANSFER OF YOUR DATA TO SERVICE PROVIDERS
For the collection, processing, and use of your data, in particular for sending information by post or to other contact data confirmed by you, the Basic Data necessary for this purpose – including the email address, if you have consented to advertising by email – is processed on a case-by-case basis by assigned service provider companies (order data processors). No transfer to third parties occurs.
WITHDRAWAL OF YOUR CONSENT
You can withdraw your consent to the use of your personal data for advertising purposes at any time by contacting your Customer Service department (cf. section 2 of these Terms and Conditions of Participation). If you have not consented to advertising or withdraw your consent, such data use will not take place. However, you can of course participate/continue to participate in the customer card program. You will then only receive necessary Notifications Concerning the Customer Card Program. However, consent to the storage and use of your data for the purpose of market research, such as the improvement of the customer card program, is a mandatory requirement for participation in the customer card program. If you do not consent to this, participation is not possible. If you withdraw your consent, your participation in the customer card program ends.
YOUR RIGHT TO INFORMATION
Upon request, we will be happy to inform you of what data of yours is stored. For any further information or explanations, please contact the data protection officer of The KaDeWe Group by email at firstname.lastname@example.org or by post at the following address: KaDeWe Group Data Protection, Katharina-Heinroth-Ufer 1, 10787 Berlin.
*Some departments, as well as tenants and concession partners of The KaDeWe Group, do not give a discount and do not participate in the points program. A list of exceptions can be viewed at all cash registers.