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General Terms and Conditions of Membership in Heinemann & Me Program

Last revised: 1. Januar 2017

The owner and operator of the Heinemann & Me Program is Gebr. Heinemann SE & Co. KG, Koreastraße 3, 20457 Hamburg. Registered office: Hamburg, Commercial Register Court: Local Court of Hamburg, HRA 15017, VAT ID no.: DE118908680, hereinafter referred to as "Gebr. Heinemann."

 
  1. Applicability, Registration

    1. By applying for membership in the Heinemann & Me Program members accept these General Terms and Conditions of Membership. Membership in the Heinemann & Me Program is free. Since communication by Gebr. Heinemann is frequently conducted by e-mail, particularly to provide members with acquired discounts, a valid e-mail address is mandatory for the membership in the Heinemann & Me Program.

    2. Membership in the Heinemann & Me Program is open to any natural person that has reached the age of 18. Excluded from membership are any Gebr. Heinemann employees as well as any independent contractors of Gebr. Heinemann, e.g., promoters. Also excluded from membership are any airport employees, airline employees, and holders of airport identification cards.

    3. If their membership applications are accepted by Gebr. Heinemann, members will receive their Heinemann & Me Cards by mail. The Heinemann & Me Card is valid only if signed by the member and will remain the property of Gebr. Heinemann. The Heinemann & Me Card is non-transferable and may be used only by the cardholder. When making purchases at participating stores, members may prove their memberships by presenting their Heinemann & Me Cards or their app from Heinemann & Me (hereinafter the "Heinemann & Me App"). In the online shop of Gebr. Heinemann (hereinafter the "Online Shop") members prove their memberships by entering their login data.

    4. All services, offers, and other performances related to the Heinemann & Me Program are rendered or made exclusively on the basis of these General Terms and Conditions of Membership.


  2. Content of Heinemann & Me Program

    1. Joint principles for discounts
      Gebr. Heinemann and, where applicable, its cooperation partners grant members various discounts under the Heinemann & Me Program. Unless expressly provided otherwise, all available discounts are subject to the following: discounts granted by Gebr. Heinemann or its cooperation partners may vary from location to location and may be valid only for a limited time period; under certain circumstances discounts may also be subject to additional terms and conditions. Discounts are granted to members personally and therefore may not be transferred to third parties. Gebr. Heinemann and/or its cooperation partners will notify members in advance of available discounts, including the applicable terms and conditions, at an appropriate place offline and/or online. Discounts under the Heinemann & Me Program generally are granted only upon submission of the Heinemann & Me Card or the Heinemann & Me App.

    2. New member discount and birthday gift
      After registration with Heinemann & Me each member will receive a one-time new member discount when making the first purchase from Gebr. Heinemann or a cooperation partner of Gebr. Heinemann. The amount of the discount will be determined by Gebr. Heinemann and may be changed by Gebr. Heinemann with effect for the future. Gebr. Heinemann may also exclude certain products from discounts, for example products that are already discounted or reduced in price in connection with other promotions, or certain types of product, such as tobacco products or beverages sold in redeemable bottles. Redemption of the new member discount may also be excluded at certain airports or in certain countries. Gebr. Heinemann will make all information about restrictions as well as the amount of the new member discount available offline or online.

      In addition, each Heinemann & Me member will receive a birthday gift in the form of a price reduction in a certain amount or in the form of a similar discount. Members will receive their birthday gifts from Gebr. Heinemann on their birthdays. To redeem birthday gifts, members must present their gift certificates and, in addition, show their Heinemann & Me Cards or Heinemann & Me Apps. Gebr. Heinemann may change the terms and types of birthday gifts, including, without limitation, the amounts of discounts and restrictions on the redemption of birthday gifts, with effect for the future. Gebr. Heinemann and its cooperation partners will notify members in advance of the applicable terms and conditions at an appropriate place offline and/or online.

    3. Additional discounts
      When making purchases from Gebr. Heinemann or its cooperation partners, Heinemann & Me members may receive additional discounts in connection with promotions that are limited to a particular time period and/or place (hereinafter also referred to as "Promotions"). The use of Promotions by members may be subject to additional terms and conditions. Discounts for members in connection with such promotions may involve price reductions, added special services, offers of information, participation in lotteries, or similar benefits. Discounts may be conditional, for example, on the reaching of certain sales targets or on other parameters. Moreover, discounts may be granted either immediately when purchases are made by members or only when future purchases are made by members. Moreover, discounts may take the form of services by cooperation partners of Gebr. Heinemann that are typically related to air travel. Members have no rights to receive any particular discounts. The type of discount, as well as the conditions under which discounts are granted and under which discounts may be used, are predetermined by Gebr. Heinemann. Gebr. Heinemann and/or its cooperation partners will notify members about available discounts, including the applicable terms and conditions, at an appropriate place offline and/or online.

    4. Purchases from cooperation partners
      If members use services of a cooperation partner of Heinemann & Me, the cooperation partner will be their sole contract partner with respect to such services and the applicable discount. Any claims based on non-conformity of a cooperation partner's services or of related discounts may be brought by members exclusively against the cooperation partner. In the event of any non-conformity of a cooperation partner's services or of related discounts, members have no rights or claims against Gebr. Heinemann.


  3. Lost or Stolen Cards

    Members must promptly report any lost or stolen membership cards to Gebr. Heinemann by e-mail service@heinemann‑and‑me.com and/or telephone 00800 222 44 224.


  4. Changes to Terms and Conditions of Membership and Benefits

    Gebr. Heinemann reserves the right to change or amend these General Terms and Conditions of Membership with effect for the future, in particular if this is necessary to improve service, prevent misuse, or comply with applicable laws. Members will be notified of any changes to the Terms and Conditions of Membership in text form by e-mail or in written form. If members fail to object to changes by providing Gebr. Heinemann with notice of objection within six weeks from the date on which they receive notification of the changes, or members use their membership cards and/or Heinemann & Me Apps after this time period, such changes to the Terms and Conditions of Membership will be deemed to have been accepted. Notification of changes to the Terms and Conditions of Membership from Gebr. Heinemann will include a separate notice advising members of their rights to object to changes and of the consequences of failing to object to changes. Gebr. Heinemann has the right to modify or discontinue the Heinemann & Me Program for any valid reason.


  5. Termination, Modification, Information

    1. Members may terminate their memberships at any time without notice. Gebr. Heinemann may terminate memberships at the end of each calendar year subject to three months' prior notice. The right to terminate for good cause remains unaffected thereby. Members shall provide notice of termination in written form or by telephone, and Gebr. Heinemann shall provide notice of termination in written form (letter, e-mail or fax).

    2. After their memberships have ended, members must promptly destroy their Heinemann & Me Cards or return them to Gebr. Heinemann.

    3. If by the date notice of termination is provided by a member such member has already participated in promotions of the Heinemann & Me Program, but has not yet met the requirements for receiving a discount, such member will not be entitled to any prorated discount in the event of termination, unless expressly provided otherwise in the terms and conditions of such promotions previously announced to members. If on the date notice of termination is provided by a member such member still holds discounts under the Heinemann & Me Program that can be used in the future, e.g., gift certificates, etc., such discounts may be redeemed until the end of the calendar year following the calendar year in which termination takes effect. If redemption of the discount would have required submission of the Heinemann & Me Card or Heinemann & Me App, the member may request that Gebr. Heinemann issue a new gift certificate, etc., that does not require submission of the Heinemann & Me Card or Heinemann & Me App.

    4. We kindly ask that members notify Gebr. Heinemann of any change in name, home address, or e-mail address in written form (letter, e-mail or fax) or by telephone, so that they can continue to receive benefits under the Heinemann & Me Program.

    5. For security reasons requests for information by members will be answered only if made in written form.


  6. Consent to Use of Personal Data

    1. Market research
      Personal data provided by members, as well as purchasing data collected in connection with their membership in the Heinemann & Me Program regarding purchases (data on the receipt, i.e., method of payment, customer number, date, place, product, price paid), regarding benefits used by members, where applicable by using their partner membership cards, and regarding member participation in promotions will be collected, stored and used by Gebr. Heinemann for market research purposes. By applying for membership in the Heinemann & Me Program (Section 1.1) members consent to such use of their personal data subject to the terms and conditions of the declaration of consent that must be provided at the time of registration. Unless they consent to market research, members unfortunately will not be able to participate in the Heinemann & Me Program.

    2. Advertising
      The information referenced in the preceding subsection will be used by Gebr. Heinemann for purposes of advertising products, promotions and offers by regular mail and, subject to additional consent from each member, by e-mail. Refusing or revoking consent to such advertising will have no effect on membership in the Heinemann & Me Program. Right of revocation: consent to market research and advertising is voluntary and may be revoked at any time (by regular mail: Gebr. Heinemann SE & Co. KG, Service, P.O. Box 111 661, 20416 Hamburg, by fax: 00800 222 44 223, by e-mail: service@heinemann‑and‑me.com, or by telephone: 00800 222 44 224).

    3. Data privacy notice
      Data will be processed and used exclusively by Gebr. Heinemann and its partners for the purpose of providing services under the Heinemann & Me Program; data will not be transferred to any third parties. If requested in writing, we will be glad to inform you which of your data are stored by us. If in a particular instance we should store false information about you despite our efforts to ensure that data are accurate, complete and up-to-date, we will promptly correct such information upon your request.


  7. Final Provisions

    These General Terms and Conditions of Membership, and all rights and obligations arising between Gebr. Heinemann and members in connection with the Heinemann & Me Program, are governed by the laws of the Federal Republic of Germany. Provisions of law governing the applicability of mandatory consumer protection laws of the country in which the member has his or her place of habitual abode remain unaffected thereby.


    Last revised: 1. Januar 2017