The ep-points bonus program is operated by Eppendorf AG, Hamburg. Here customers (hereinafter referred to as Participants) of Eppendorf AG, or its sales organizations, subsidiaries and partners, can collect points by purchasing Eppendorf products being included in the ep-points program or by taking part in campaigns such as competitions or opinion surveys, which can be exchanged for non-cash rewards at Eppendorf AG. As a basic rule points can be acquired only by natural persons and not by companies (see also item 1 of Conditions of Participation).
| 1. Participation |
| 1.1 |
Participation in ep-points is free of charge. |
| 1.2 |
As a basic rule all natural persons of legal age may take part in ep-points who are employees of a company or organization whose registered office is in a country in which Eppendorf products are sold and which participates in the ep-points program. All employees of Eppendorf AG, including all companies in which Eppendorf AG holds shares, relatives of employees, as well as employees of authorized Eppendorf dealers and/or distributors, shall not be eligible to take part. Under certain circumstances, Eppendorf AG may permit exceptions to the rules of participation in the ep-points program. Multiple registration of one person shall not be permitted. |
| 1.3 |
Prior to the set-up of his online ep-points account and initial usage of said account the Participant shall declare his consent to the Conditions of Participation of Eppendorf AG. |
| 1.4 |
Handling shall be carried out via the Internet, with the Participant being given a personal customer number. |
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| 2. Registration / Start of Participation |
| 2.1 |
One prerequisite for participation in ep-points is registration that has been completed and submitted online. To this end the Participant shall enter a user name and password he has selected as well as his e-mail address on the user pages of Eppendorf AG provided for this purpose, at www.ep-points.com. Eppendorf AG shall then send the Participant an e-mail as confirmation containing all important data and information.
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| 2.2 |
In addition, Eppendorf AG requires the name and postal address of the Participant for handling of the service. True, accurate and complete data are necessary for proper handling of the service. Any changes in data should be effected immediately via the ep-points registration system. |
| 2.3 |
Participation shall commence with the full transmission of the above data and acceptance by Eppendorf AG. Eppendorf AG shall however reserve the right to decide about the acceptance or rejection of a registration without stating the reasons for same. There exists no entitlement to participation or approval for participation. |
| 2.4 |
Following acceptance the Participant shall be given an ep-points account to which points, e.g. on the purchase of Eppendorf products, shall be credited. |
| 2.5 |
Eppendorf AG shall be responsible for the management of personal ep-points accounts of Participants including the calculation of ep-points and the provision of information relating to services. ep-points shall be credited according to the stipulations listed in items 4 and 5. |
| 2.6 |
Participants shall have unlimited access to their personal data and can correct same at any time. |
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| 3. Password/Liability on Misuse |
The Participant shall ensure that no (unauthorized) third party obtains knowledge of his password. Should the Participant suspect that a third party is misusing his password, he shall notify Eppendorf AG at once. Notification shall be made via the ep-points Internet address www.ep-points.com or the e-mail address ep-points@eppendorf.com or the telephone hotline available Monday to Friday from 8 am to 5 pm Central European Time on + 49 (1803) 666789. Liability of Eppendorf AG for prejudice resulting from misuse of a password by an unauthorized third party shall be excluded. Such exclusion shall not apply
- to prejudice caused by Eppendorf AG due to intent or gross negligence;
- in cases of slight negligence for prejudice based on injury to life, limb or health, and to prejudice based on the infringement of major contractual obligations by Eppendorf AG.
In cases of negligent infringement of major contractual obligations the liability of Eppendorf AG shall - with the exception of injury to life, limb or health - be limited to typical contractual prejudice foreseeable for Eppendorf AG. The above exclusions and restrictions of liability shall also apply to the liability of Eppendorf AG for its organs, employees and agents as well as to the personal liability of the organs, employees and agents of Eppendorf AG. The above exclusions and restrictions of liability shall not apply where liability exists according to the mandatory standards of the applicable product liability laws for personal injury or damage to property. If the Participant can no longer remember his password, he can contact Eppendorf AG on the telephone number +49 (1803) 666 789 (Monday to Friday from 8 am to 5 pm Central European Time) or via the e-mail address ep-points@eppendorf.com and request a new password following a security check.
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| 4.
Collection of Points |
| 4.1 |
ep-points shall form the basic unit for calculation of the bonus program of Eppendorf AG. ep-points may only be used for the purposes specified in the Conditions of Participation of Eppendorf AG or other information brochures of Eppendorf AG. |
| 4.2 |
On purchasing Eppendorf products forming part of the ep-points program the Participant shall be awarded a certain number of points via his online ep-points account by entering the relevant code. |
| 4.3 |
The Participant can also collect points from Eppendorf AG by means of various online activities (promotions, participation in surveys, Online Product Registration, etc.). Some such activities shall be offered on a permanent basis and some subject to a time limit. On the ep-points pages Participants are informed about the type of activities, respective Conditions of Participation in relation to activities and the number of points to be awarded. All other important information, e.g., set-up of account, options for selection of rewards, and level of ep-points account balance, can likewise be found on the relevant website. |
| 4.4 |
Eppendorf AG shall reserve the right to limit or extend the award of ep-points, e.g. in the case of special campaigns. |
| 4.5 |
To receive points the customer must have registered online (in this regard see above, item 2) and have been allocated an ep-points account. The participant shall make entries to his ep-points-account himself. On purchase of an Eppendorf product forming part of the ep-points program and after logging onto the online ep-points account a certain value of points shall be entered to same by using the code affixed to the packaging as an adhesive label and specifying the product. All points codes can only be used once for this purpose. Credits are made to ep-points accounts according to the stipulations in item 5. |
| 4.6 |
Bonus points can also be credited to the Participant's ep-points account for other purposes of Eppendorf AG, e.g., acquisition of new customers. |
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| 5. ep-points account |
| 5.1 |
The crediting of points shall be initially effected subject to reservation until fulfilment of the respective prerequisites for the receipt and crediting of points, as laid down in detail by Eppendorf AG in association with offers (e.g. receipt of payment on purchase, failure to exercise right of revocation, etc.). Should it transpire that said prerequisites have not been fulfilled (revocation, failure to effect payment, misuse of bonus program, etc.), the points may be cancelled by Eppendorf AG. Where Eppendorf AG makes no specifications regarding the crediting of points in association with offers, points shall only be credited when the customer has paid for the ordered merchandise. |
| 5.2 |
The Participant can enquire about his ep-points account balance online as soon as he has logged on to the ep-points page with his user name and password. All complaints regarding his
ep-points account balance must be made by the Participant immediately once same become known, however at the latest 14 days after the relevant entry process (e.g. registration of points and/or ordering of rewards). Without the timely issue of a complaint the ep-points account balance shown shall be deemed to have been approved. |
| 5.3 |
ep-points may only be transferred to another person free of charge by amending the user name and retaining the password. Here the Participant and the third party shall make use of the transfer form which can be downloaded here. Sale or barter transactions with points shall be explicitly prohibited, see also item 6.1 below.
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| 5.4 |
Participants may obtain further information about the bonus program of Eppendorf AG online from the ep-points pages. Likewise, Participants may use our hotline either by e-mail (ep-points@eppendorf.com) or by telephone (Monday to Friday from 8 am to 5 pm Central European Time: +49 (1803) 666 789).
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| 6. Reward Services/Limited Quotas/Defects |
| 6.1 |
Credited points may be exchanged at the ep-points-shop for non-cash rewards provided that the Participant's ep-points account shows at least the necessary number of points for the respective reward. It is not permitted to make up for a lack of points by means of additional payment. The sale of ep-points and trading in same - in any form whatsoever (e.g. barter transactions) - shall not be permitted. Where a Participant infringes this condition, Eppendorf AG shall be entitled to effect termination without prior notice according to item 8.2 of the present Conditions of Participation. Moreover, Eppendorf AG shall be entitled to block the reward account of the Participant. The right of Eppendorf AG to assert further claims against the Participant, in particular claims to compensation, shall remain unaffected thereby. The ordering of rewards shall authorize Eppendorf AG to deduct the corresponding equivalent number of points from an ep-points account. Should the ep-points account fail to show the necessary number of points, the Participant shall be notified prior to execution of the order. Online orders for rewards shall - where possible - be processed at once. However, delivery may take up to 8 weeks depending on the ability to deliver of presuppliers. Should longer delivery times occur in exceptional cases, in particular when Eppendorf AG is not supplied with the proper goods or at the proper time, Eppendorf AG shall notify the Participant where possible. This shall also apply where Eppendorf AG is unable to execute the order due to the non-availability of the article. Compensation for late delivery (see above) or non-availability of the reward shall be excluded unless there exists intent or gross negligence on the part of Eppendorf AG. Where possible the Participant shall be sent the reward as a single consignment. Should the order however include articles which are packaged separately or have to be shipped differently, consignment in parts is unavoidable. The Participant shall nevertheless suffer no disadvantage whatsoever as the costs of postage and packaging are borne by Eppendorf AG. Orders shall become effective on dispatch. In the case of obvious errors, misprints, typographical or calculation errors Eppendorf AG shall be entitled to effect cancellation. |
| 6.2 |
The respective rewards may be subject to restrictions and may only be supplied depending on availability and subject to time limits. Restrictions or limitations in terms of availability for the respective reward shall be announced on the pages of the ep-points Shop. |
| 6.3 |
Points values of rewards shall be indicated in the current rewards catalogue and may be subject to alteration. Should any reward be shown erroneously with an incorrect points value - something which may occur despite all efforts in this regard - , Eppendorf AG shall contact the Participant where the points value is higher than that given to ask whether the reward is still to be sent out. Where the points value is lower than that given, the Participant shall be sent the ordered reward without further consultation at the lower points value. |
| 6.4 |
Eppendorf AG shall effect shipment to the postal address last provided by the Participant and shall not be responsible for any adverse consequences resulting from an incorrect address or failure to provide notification of a change in address. |
| 6.5 |
As a basic rule rewards may not be returned or exchanged. A right of return/entitlement to subsequent performance on the part of the Participant shall only exist where Eppendorf AG has fraudulently concealed from him a defect as to quality or of title regarding the reward. In the case of rewards which are not products of Eppendorf AG, same shall be entitled but not obliged to assign any claims in respect of defects as to quality or of title against the manufacturer/supplier of the rewards to the Participant. No right of return/entitlement to subsequent performance on the part of the Participant vis-à-vis Eppendorf AG due to a defective reward shall exist on assignment of the claims except where Eppendorf AG has fraudulently concealed a defect from the Participant. Eppendorf AG shall be liable for defects as to quality or of title in respect of compensation according to the provisions of item 12, whereby liability notwithstanding item 12 shall be limited to instances of intent and gross negligence. |
| 6.6 |
Detailed information about the type and duration of bonus activities and the level of the number of points awarded can be found on the ep-points pages. In the case of any queries on the bonus program the following e-mail address shall be available to the Participant as a contact address: ep-points@eppendorf.com. The Participant is requested to also address any complaints regarding rewards to said address.
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| 7. Products of ep-points Bonus Program |
| Eppendorf AG shall be entitled to remove individual products from the ep-points program without stating any reasons for same and to include new products in the bonus program. |
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| 8. Expiration of ep-points |
| ep-points not redeemed for rewards will expire automatically and without substitution by December 31st of each calendar year, but are valid at least 24 months after being credited. |
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| 9. Termination/Validity of ep-points following Termination |
| 9.1 |
The Participant may terminate his participation in the bonus program of Eppendorf AG at any time with immediate effect. To do so the participant may give notice with an e-mail to ep-points@eppendorf.com, or by fax or mail. The participant shall then receive confirmation of termination by e-mail. The ep-points account is deactivated upon sending of the confirmation of termination.
Following a 14-day period during which such termination may be revoked, the ep-points account, including all ep-points, is deleted. The Participant shall of course be free to request deletion of his bonus credit before expiry of the period of revocation.
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| 9.2 |
Eppendorf AG may effect ordinary termination of participation upon two weeks’ notice. Termination shall be effected in writing (in advance by e-mail). According to the provision in item 8.1 of the Conditions of Participation full closure of the Participant's ep-points account shall only be effected after the exchange of all points on the ep-points account, at the latest however after 4 weeks calculated from the date of the letter of termination issued by Eppendorf AG. The Participant shall of course be free to request deletion of his bonus credit before expiry of the 4 week period. |
| 9.3 |
In addition, Eppendorf AG may terminate participation without prior notice for good cause. Such justified reason for termination shall in particular exist where the Participant
- infringes the Conditions of Participation, the provisions governing rewards or other contractual conditions,
- provides false information, or
- does not acquire any points within 12 months after registration.
Termination shall be effected in writing (in advance by e-mail). |
| 9.4 |
In the event of termination of the contract by Eppendorf AG according to item 8.3 the points acquired up to this time shall be forfeited without entitlement to compensation. Forfeiting shall take effect on receipt of the notice of termination by the Participant. The Participant's account shall be blocked on dispatch of said termination. |
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| 10. Closure of Bonus Program |
| Eppendorf AG shall reserve the right to close down the ep-points bonus program at any time or to replace it by another program. Should the bonus program be closed down or replaced, Eppendorf AG shall notify Participants with an appropriate period of time and terminate the existing participation contracts subject to two weeks' notice. Termination shall be effected in writing (in advance by e-mail) Following the announcement of closure of the bonus program on the Internet on the page www.ep-points.com and receipt of the notices of termination by e-mail Participants have three months' time to exchange their points for rewards. On expiry of the three months points shall no longer be valid. Should Eppendorf AG be prohibited to operate the Eppendorf AG bonus program in the current form by virtue of statutory provisions, judicial or official rulings, Eppendorf AG shall be entitled to effect exceptional termination of the present contract without notice. Termination shall be effected in writing (in advance by e-mail). Claims of the Participant (in particular to the redemption of points, compensation etc.) shall be excluded. Where possible, Eppendorf AG shall however attempt to ensure that points can be redeemed for a period of 3 months after closure of the program. |
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| 11. Amendment of Conditions of Participation |
| Eppendorf AG shall also reserve the right to amend or supplement the Conditions of Participation, insofar as this appears necessary to avoid disadvantaging the customer's good faith, and in the interest of simple and secure processing and the prevention of misuse. Changes shall be announced by the dispatch of an e-mail. Changes shall be deemed to have been approved when the Participant continues to use his/her ep-points account to acquire a point credit or does not object in writing within one month after the date of the announcement of the change. In the notification regarding amendment/supplementation of the Conditions of Participation, Eppendorf AG shall draw Participants' attention to the consequences of their action described above as regards the provisions governing approval. |
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| 12. Data Protection |
| 12.1 |
On operation of the Eppendorf AG bonus program the relevant provisions of the data protection laws of the Federal Republic of Germany shall be observed. |
| 12.2 |
The collection, processing and utilization of personal data may only be carried out in so far as this is permitted by the relevant statutory provisions of the Federal Republic of Germany and where Eppendorf AG is in possession of a corresponding declaration of consent by the Participant. Same is issued by the Participant together with his registration. |
| 12.3 |
The Participant hereby declares his consent to the collection, processing and utilization of ep-points data that come into being on use of the bonus program, for the provision and organization of offers in accordance with demand. Personal address data shall be disclosed only to the shipper of the reward and where services expressly requested by the Participant necessitate the disclosure of his data. Any disclosure of prepared data for the purposes of advertising and market research that may take place shall be performed solely on an anonymous basis. Said declaration of consent is voluntary and can be revoked at any time. |
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| 13. Liability |
| Other than the liability of Eppendorf AG laid down in item 3 the following shall apply as a basic rule to the liability of Eppendorf AG, whereby the provision in item 6.5 must be additionally taken into consideration as regards liability for defects as to quality and of title. |
| 13.1 |
In the event of a loss of data the liability of Eppendorf AG shall be limited to the costs of recovery of the data on the basis of a back-up copy of the data, irrespective of whether such copy exists. The Participant is thus required to make back-up copies at regular intervals. |
| 13.2 |
Eppendorf AG shall not be liable - unless it can be accused of intent or gross negligence - for the security of data sent via the Internet; in particular no liability can be assumed for the seizing or taking possession of such data by unauthorized third parties. Despite high technical standards it is not possible to guarantee an absolutely secure connection. |
| 13.3 |
In all other cases not covered by item 3, 12.1 or 12.2 and except as otherwise provided in the Conditions of Participation, liability on the part of Eppendorf AG for prejudice of any nature whatsoever is excluded. Said exclusion shall not apply - to prejudice caused by Eppendorf AG due to intent or gross negligence; - in cases of ordinary negligence, for prejudice based on loss of life, bodily injury, or impairment to health; and to prejudice based on the infringement by Eppendorf AG of major contractual obligations. In cases of negligent infringement of major contractual obligations the liability of Eppendorf AG shall - with the exception on loss of life, bodily injury, or impairment to health - be limited to typical contractual prejudice foreseeable for Eppendorf AG. |
| 13.4 |
The above exclusions and restrictions of liability shall also apply to the liability of Eppendorf AG for its organs, employees and agents as well as to the personal liability of the organs, employees and agents of Eppendorf AG. |
| 13.5 |
The above exclusions and restrictions of liability shall not apply where liability exists according to the mandatory standards of the applicable product liability laws for personal injury or damage to property. |
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| 14. Note relating to Fiscal Law for Participants |
| Eppendorf AG points out that rewards may be subject to an obligation of taxation according to the income tax laws where such rewards are intended for private usage and are also utilized to this end. This may mean that the respective Participant may be obliged to declare the rewards he has received in his income tax return. In this regard Eppendorf AG recommends that Participants consult a tax adviser as appropriate. There exists no liability on the part of Eppendorf AG for consequences of the bonus program under fiscal law. |
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| 15. Applicable Law/Availment of Third Parties/Legal Venue |
| 15.1 |
The contractual relationship shall be subject to German law. German law shall also apply, to the exclusion of UN Law on the International Sale of Goods, in the case of orders from abroad. Should any of the present Conditions of Participation be or become ineffective or impracticable, the other conditions shall continue to apply unchanged. |
| 15.2 |
To render reward services Eppendorf AG may avail itself of third parties, such as hotels, tour operators etc. In the event of availment of such reward services the General Terms and Conditions of said partner firms shall additionally apply. |
| 15.3 |
The legal venue shall be Hamburg where the Participant is a trader. Hamburg shall also be the legal venue where the Participant as a nontrader does not have a general legal venue in the country, moves his place of residence or customary place of abode from the Federal Republic of Germany after registration for the bonus program or his place of residence or customary place of abode is not known to Eppendorf AG at the time of legal action. In addition, Eppendorf AG shall also be entitled to bring legal action against a Participant at his general legal venue. |
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| The Conditions of Participation apply in the currently valid version.
Status: October 2011 |
