NextPoints Terms and Conditions
1. Scope, Definitions
1.1 These General Terms and Conditions (hereinafter "GTC") of Nextcards UG (haftungsbeschränkt) (hereinafter "Provider") apply to the participation in the Provider's NextPoints program by a consumer or entrepreneur (hereinafter "Customer"). The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Registration for the NextPoints Program
2.1 Participation in the NextPoints program does not require separate registration. However, the Customer must set up a free customer account in the Provider's online shop, where the collected bonus points are stored. By successfully setting up the customer account, the Customer automatically participates in the Provider's bonus points program.
2.2 The Customer can set up their customer account using the online form provided by the Provider for this purpose. Submitting the registration data constitutes the Customer's offer to conclude a user agreement, which the Provider may accept but is not obliged to accept. The Provider can accept the Customer's offer within 48 hours of receipt of the application by means of an electronically transmitted registration confirmation or by activating the customer account. If the Provider does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer.
2.3 The data requested during registration must be provided by the Customer completely and correctly. The Customer is obliged to keep this data up to date at all times. The transmitted data is generally not checked by the Provider for its accuracy and completeness.
2.4 Each Customer may only set up one customer account for themselves. Their right to participate in the NextPoints program applies only to them personally and is not transferable. This also applies to bonus points collected by the Customer.
3. Collecting Bonus Points
3.1 When ordering certain goods specially marked by the Provider within the NextPoints program 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 in the Provider's system shows the status "shipped".
3.2 Bonus points are always only credited to the customer account through which the order was placed. Transferring 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 their gross order value. Any additional shipping costs incurred are not taken into account. In special promotions, bonus points may also be credited to a different extent, which will be specifically communicated to the Customer within the scope of the respective promotion.
3.4 The Customer's membership status can positively influence the number of bonus points credited. The respective factor is displayed upon conclusion of a respective membership.
3.5 Collecting bonus points also increases the Customer's rank in a 5-tier ranking system, which can activate further one-time and permanent advantages.
3.6 In the event of a reversal of a contract (e.g., due to revocation, contract cancellation, rescission, withdrawal, etc.), no bonus points will be credited for the contract concerned. If bonus points have already been credited for the contract concerned, the corresponding points credit will subsequently be deducted from the Customer's credit account. The same applies to incorrect bookings by the Provider.
3.7 In the event of a reversal, the already credited points are also not taken into account, which, depending on the point balance, may lead to a demotion in rank and to the loss of acquired benefits.
3.8 The Provider reserves the right to temporarily suspend its NextPoints program or to change the modalities for it if other benefits 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 be redeemed in the Provider's online shop and store and only for the items designated by the Provider for this purpose at the point values communicated by the Provider.
4.2 Bonus points can be redeemed for certain vouchers, shipping discounts, or other benefits that are displayed by the Provider as redemption options in the online shop.
4.3 Bonus points can be redeemed within a period of 36 months from the date of crediting to the customer account in the Provider's online shop. After the expiry of the aforementioned period, the bonus points lose their validity.
4.4 Bonus points are redeemed by priority, i.e., the bonus points acquired first are redeemed first.
4.5 Redeeming bonus points does not change the achieved rank within the NextPoints program.
4.6 Bonus points can be redeemed before completing an order process. Subsequent offsetting against an already completed purchase is not possible.
4.7 If the point value is not sufficient to cover the purchase price, one of the other payment methods offered by the Provider can be chosen to settle the difference.
4.8 The point balance is neither paid out in cash nor does it accrue interest.
4.9 Bonus points are not transferable and can only be redeemed by the holder 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 their customer account.
5.2 The rank achieved by the NextPoints program can also be viewed via the customer account.
5.3 Objections to the accuracy or completeness of the stored point balance must be made by the Customer to the Provider in text form within one month of becoming aware of them. If the Customer fails to raise any objections within the aforementioned period, this is considered approval of the stored point balance.
6. Termination of the Customer Account
6.1 The user agreement (and thus also the agreement for participation in the bonus points program) is concluded for an indefinite period and can be terminated by the Customer at any time without observing a notice period. The Provider can terminate the agreement with a notice period of four weeks.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the mutual interests, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.3 Termination can be made in writing, in text form, or by the Customer by deleting their customer account.
6.4 If the Customer terminates their customer account with immediate effect, the bonus points collected by the Customer will expire without the Provider having to pay any compensation for them.
6.5 If the contract is terminated by the Provider, the Customer will be given the opportunity to redeem their collected bonus points until the termination of the user agreement in accordance with the above provisions, unless the Customer culpably gave cause for termination for good cause.
7. Termination of the NextPoints Program
7.1 The Provider reserves the right to discontinue the NextPoints program with a reasonable notice period, or, if there is a good reason, without observing such a period, taking into account the legitimate interests of the Customer.
7.2 In the event of the NextPoints program being discontinued by the Provider, the Customer can redeem their bonus points collected up to the discontinuation in accordance with the above provisions within a period of four weeks from the announcement of the discontinuation. Otherwise, the collected bonus points will expire without the Provider having to pay any compensation for them.
7.3 All permanent benefits that have arisen or been activated due to the collected number of bonus points lose their validity upon termination of the NextPoints program.
8. Right to Amend
8.1 The Provider reserves the right to amend the content of its NextPoints program and/or these GTC at any time, provided the Customer agrees to the amendment.
8.2 The Provider also reserves the right to amend the content of its NextPoints program and/or these GTC even without the Customer's consent,
- insofar as it is obliged to do so due to a change in the legal situation;
- insofar as it complies with a court judgment or an official decision directed against it;
- if the amendment is merely advantageous to the Customer; or
- if the amendment is purely technical or procedural, unless it has significant effects for the Customer.
8.3 The Provider will inform the Customer in good time and in appropriate form about significant changes to its NextPoints program and/or these GTC. Significant changes are those that would significantly shift the contractual relationship to the disadvantage of the Customer or would be equivalent to concluding a completely new contract. This includes, for example, regulations on the type and scope of the NextPoints program or on contract duration and termination modalities.
8.4 The Customer's right to terminate remains unaffected by this.
9. Final Provisions
9.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
9.2 If the Customer acts as a merchant, legal entity under public law, or public-law special fund with its registered office in the sovereign territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Provider's place of business. If the Customer has its registered office outside the sovereign territory of the Federal Republic of Germany, the Provider's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Provider is in any case entitled to appeal to the court at the Customer's registered office.
