heARTS

GENERAL TERMS AND CONDITIONS FOR PARTICIPATING IN THE HEARTS BONUS POINTS PROGRAM
 
1. SCOPE, DEFINITIONS
 1.1 These general terms and conditions (hereinafter "GTC") of nutritect GmbH (hereinafter "provider") apply to participation in the provider's bonus point program by a consumer or entrepreneur (hereinafter "customer"). The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
 
2. REGISTRATION FOR THE BONUS POINTS PROGRAM
 2.1 Participation in the bonus points program does not require a separate registration. However, the prerequisite is that the customer sets up a free customer account in the provider's online shop, in which the bonus points collected are saved. Once the customer account has been successfully set up, the customer automatically takes part in the provider's bonus point program.
2.2 The data requested during registration must be completely and correctly provided by the customer. The customer is obliged to keep this data up to date at all times. The provider does not check the transmitted data for correctness and completeness.
2.3 Each customer may only set up one customer account for himself. His entitlement to participate in the bonus points program is only valid for him personally and is not transferable. This also applies to bonus points collected by the customer.
 
3. COLLECTING BONUS POINTS
3.1 When ordering goods 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 "sent" from the provider, but no later than 14 days after payment of the order.
3.2 Bonus points are only ever credited to the customer account through which the order was placed. A transfer of bonus points to other customer accounts in the provider's online shop is not possible.
3.3 Unless otherwise stated, the customer receives one bonus point for every full euro of his net order value. Any additional shipping costs incurred will not be taken into account. In the case of special promotions, bonus points can also be credited to a different extent, which is specifically communicated to the customer as part of the relevant promotion.
3.4 If a contract is reversed (e.g. due to revocation, cancellation of the contract, contestation, 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 point 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 bonus points program or to change the modalities for this if other perks or discounts are granted or if goods are offered as part of special promotions or special events.
 
4. REDEEMING BONUS POINTS
4.1 Bonus points can only be redeemed in the provider's online shop and only for the items identified by the provider for the point values ​​communicated by the provider.
4.2 After 180 days of inactivity on the provider's online shop, the customer loses his unused bonus points.
4.3 Bonus points can only be redeemed before completing an order process. Subsequent offsetting against a purchase that has already been made is not possible.
4.4 If the point value is insufficient to cover the purchase price, one of the other payment methods offered by the provider can be selected to settle the difference.
4.5 The points balance will not be paid out in cash and will not bear any interest.
4.6 Bonus points are non-transferable and can only be redeemed by the owner of the associated customer account.
 
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 his customer account.
5.2 Objections to the correctness or completeness of the saved points balance must be made by the customer 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 saved points credit.
 
6. CUSTOMER ACCOUNT TERMINATION
6.1 The usage contract (and thus also the contract for participation in the bonus points program) is concluded for an unlimited period and can be terminated by the customer at any time without observing a period of notice. The provider can terminate the contract by giving four weeks' notice.
6.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until a period of notice has expired, taking into account all the circumstances of the individual case and weighing the interests of both parties.
6.3 The termination can take place in writing, in text form or on the part of the customer by deleting his customer account.
6.4 If the customer terminates his customer account with immediate effect, the bonus points collected by the customer expire without the provider having to pay any compensation.
6.5 If the contract is terminated by the provider, the customer is given the opportunity, in accordance with the above provisions, to redeem the bonus points he has collected until the end of the user contract, unless the customer culpably gave cause for termination for an important reason.
 
7. TERMINATION OF THE BONUS POINTS PROGRAM
7.1 The provider reserves the right to discontinue the bonus points program in compliance with a reasonable period of time, if there is an important reason, even without compliance with such a period, taking into account the legitimate interests of the customer.
7.2 If the provider discontinues the bonus points program, the customer can redeem the bonus points collected up to the time of discontinuation in accordance with the above provisions within a period of four weeks from the announcement of the discontinuation. Otherwise the collected bonus points expire without the provider having to pay compensation.
 
8. RESERVATION OF CHANGE
8.1 The provider reserves the right to change the content of his bonus point program and / or these terms and conditions at any time without giving reasons, unless this is unreasonable for the customer. The provider will notify the customer of any changes in writing in good time. If the customer does not object to the changes within a period of four weeks after the notification, the changes are deemed to have been accepted by the customer. In the notification, the provider will inform the customer of his right to object and the importance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship continues to exist under the original conditions.
8.2 The provider also reserves the right to change the content of its bonus points program and / or these terms and conditions,
- insofar as he is obliged to do so due to a change in the legal situation;
- as far as he thereby complies with a court judgment directed against himself or a decision of the authorities;
- if the change is only beneficial for the customer; or
- if the change is purely technical or process-related, unless it has significant effects on the customer.
8.3 The customer's right of termination remains unaffected.
 
9. FINAL PROVISIONS
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2 If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the provider's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the provider is always entitled to call the court at the customer's registered office.