Terms & Conditions Customer Account
1 Scope of application
(1.1) These terms and conditions govern customers’ participation in the “ETERNA FANCARD” program, which is run by ETERNA Mode GmbH, Medienstraße 12, 94036 Passau, tel.: +44 (0)851 9816-0, fax: +44 (0)851 9816-465, e-mail: email@example.com (“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 chance to collect bonus points and to receive a shopping voucher worth GBP 50.00 for every ten bonus points collected (the “Threshold”). Customers receive one loyalty point for each GBP 65.00 they spend in-store and online. Only spending from sales of goods (and thus not from sales of gift vouchers) in a bricks-and-mortar brand store and in the online shops operated be ETERNA is eligible to receive bonus points. A list of the participating brand stores is available in the stores concerned and can also be accessed online at https://uk.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). To be able to register, customers have to provide their name, including title, address, date of birth (to check whether they are over 18 and for identification purposes) and their e-mail address (“Basic Data”). Participation is free of charge. There is no legal right to participate – participation is at ETERNA’s discretion.
(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://uk.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 spending 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 and cannot be resold. Customers can ask staff in a local store to check their Bonus points, 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 will be informed by ETERNA about their Bonus points by e-mail at regular intervals.
(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 GBP 50.00 within six weeks (starting from the time the Threshold is reached). ETERNA will send the shopping voucher to the customer by e-mail or post. Pro rata vouchers, for example where just eight bonus points collected, are not possible.
(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 possible; the FANCARD and the vouchers have no cash value. 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 3 years.
4 Termination of participation
(4.1) Termination by customers
(4.1.1) Customers can give notice to cancel their participation in ETERNA FANCARD at any time. The notice of termination may be given in text form (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 2.4 of the Terms & Conditions), despite having given notice to cancel, 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 can give contractual notice on a customer’s participation in ETERNA FANCARD by giving a month’s notice. The notice of termination may be given in text form (e.g. by e-mail).
(4.2.2) The customer is free to continue collecting bonus points until the end of the notice period. 4.1.2 of the Terms & Conditions applies by analogy.
(4.3) Termination for cause
(4.3.1) ETERNA may give immediate notice of termination on the customer’s participation in ETERNA FANCARD if the customer is in breach of these terms and conditions. Customers are also entitled to give immediate notice of termination for if ETERNA is in breach of these terms and conditions, although they are able to give notice of termination on their participation in ETERNA FANCARD under 4.1 without observing a notice period anyway. The notice of termination may be given in text form (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 given notice is not permitted to participate again.
5 Amendments and additions to the 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, especially if this is necessary due to statutory provisions or to improve the way the FANCARD works or prevent abuse. Customers will be notified about the amendments or additions in text form (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 to ETERNA in text form (e.g. by e-mail) or in writing 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 the 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 will however make use of the right to give immediate notice of termination.
6 Governing law
These Terms & Conditions are governed exclusively by the laws of the Federal Republic of Germany. As a consumer, nothing in this clause prevents the customer from relying upon applicable mandatory provisions of local law. For example, consumers in the UK benefit from the provisions of the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
ETERNA Mode GmbH takes protection of customer data seriously and undertakes to use and store the personal data hereby provided to it by its customers in accordance with data protection law.
1 Collection and use of data for processing the contract
(1.1) ETERNA Mode GmbH processes the personal data provided by you for processing of the ETERNA FANCARD program (e.g. sending the vouchers, providing regular information on your current Bonus points or about special promotions connected to ETERNA FANCARD (including double points or extra points)).
(1.2) Additional use of your personal data for marketing purposes only takes place if you specifically give your consent to marketing.
(1.3) ETERNA Mode GmbH uses carefully selected external service providers for processing contracts and sending out newsletters who process your personal data exclusively on behalf of ETERNA Mode GmbH and according to its instructions. These service providers are in particular prohibited from using your data for purposes other than the original underlying purposes.
2 Information, correction, deletion or blocking of personal data; right to object
You can obtain information on the personal data stored from ETERNA Mode GmbH, Medienstraße 12, 94036 Passau at the above address, by telefax on 0851/9816-465 or by e-mail at firstname.lastname@example.org at any time and ask for it to be corrected, deleted or blocked at any time. Similarly, any declaration of consent given can be amended or revoked with effect for the future at any time. No costs will be incurred for this apart from the costs of postage or the transmission costs at the basic rates.
Last modified: 06.02.2020