A. epPoints^®

The epPoints^® bonus program is operated by Eppendorf SE, Hamburg. It enables the customers (hereinafter referred to as participants) of Eppendorf SE, its regional sales companies and subsidiaries and their partners to collect points by purchasing Eppendorf products which are part of the epPoints^® program or, by taking part in competitions or surveys, and they can exchange these points for non-monetary rewards at Eppendorf SE. Points can be earned by individuals only, not by companies (also refer to clause 1 of the Terms & Conditions).

1. Participation

1.1 Participating in epPoints^® is free of charge.

1.2 Participation in epPoints^® is open to all individuals who are of full age and who are employees of a company or an organization based in a country in which Eppendorf products are sold and which is participating in the epPoints^® program . The employer must agree to their participation in the incentive program and the use of rewards for personal purposes. If the employer does not agree, participation in the epPoints^® program is not possible. All employees of Eppendorf SE, including all of the companies in which Eppendorf SE holds a share, employees’ relatives as well as employees of authorized Eppendorf dealers and/or distributors are excluded from participating. If required, Eppendorf SE may grant an exception for participating in the epPoints^® program. Each person can only register once, multiple registrations are not permitted.

1.3 Before setting up an online epPoints^® account and using it for the first time, the participant confirms his or her agreement with these Terms & Conditions. 

1.4 The account will be managed via the Internet, the participant will receive a personal account number.

2. Registration / commencing participation

2.1 To participate in epPoints^®, the registration must be completed and submitted online. To register, the participant will enter a user name and a password of his choice as well as an e-mail address on the user pages of Eppendorf SE www.eppoints.com intended for this purpose. Eppendorf SE will then send the participant an e-mail confirmation with all the important data and information.

2.2 Eppendorf SE also requires the name and postal address of the participant to manage the service. To ensure the proper management of the service accurate and full data is required. Any changes to the data should be made promptly via the epPoints® registration system.

2.3 Participation begins once the above data is submitted in full and accepted by Eppendorf SE. However, Eppendorf SE reserves the right to accept or refuse registration without giving any reasons. There is no entitlement to participation and/or approval for participation.

2.4 When the participant has been accepted, he will receive an epPoints^® account on which points will be credited, for example for the purchase of Eppendorf products.

2.5 Eppendorf SE is responsible for the administration of the personal epPoints^® accounts of the participants including the calculation of epPoints^® as well as providing information on the benefits. epPoints^® are credited in accordance with the requirements stated in clauses 4. and 5.

2.6 The participants have unlimited access to their personal data at any time and may correct these.

3. Password / liability in the case of misuse

The participant must ensure that no (unauthorized) third party has any knowledge of his password. If the participant suspects that a third party is misusing his password he shall notify Eppendorf SE of this immediately. The notification must be made to myeppendorf@eppendorf.de or via the telephone hotline, between 8 am and 5 pm CET, Monday to Friday, on + 49 (1803) 666789. Eppendorf SE shall not be liable for any damage caused by the misuse of the password by unauthorized third parties. This exclusion does not apply

• to any damage caused by Eppendorf SE with intent or gross negligence; 
• in cases of slight negligence for damage arising from an injury to life, limb or health as well as for any damage caused by a breach of material contractual obligations by Eppendorf SE.

In cases of a negligent breach of material contractual obligations the liability of Eppendorf SE shall - with the exception of damage to life, limb or health - be limited to any damage that is typically to be expected by Eppendorf SE for this type of contract. The above exclusions from and limitations of liability also apply to the liability of  Eppendorf SE for its executive bodies, employees and vicarious agents as well as the personal liability of the executive bodies, employees and vicarious agents of Eppendorf SE. The above exclusions from and limitations of liability do not apply where the mandatory standards of the applicable product liability law require liability for personal injury or damage to property. 

If participants cannot remember their password they can contact Eppendorf SE by phone on +49 (1803) 666 789 (Monday to Friday, 8 am to 5 pm CET) or e-mail myeppendorf@eppendorf.de and request a new password following a security check.

4. Collecting points

4.1 epPoints^® are the unit of calculation of the Eppendorf SE bonus program. The epPoints^® can only used for the purposes stated in these Terms & Conditions, on the epPoints^® website or in other information leaflets of Eppendorf SE referring to epPoints^®.

4.2 When purchasing Eppendorf products which are part of the epPoints^® program the participant receives a certain number of points on his online epPoints^® account by entering the associated code.

4.3 The participant can also collect points from various online activities (promotions, taking part in surveys, online product registration, etc.) at Eppendorf SE. Some of these activities are offered permanently, some only for a limited period of time. On the epPoints^® pages, the participants are informed about the type of activities, the corresponding Terms & Conditions with regard to the activities and the numbers of points to be awarded.

All other important information such as setting up an account, choice of rewards, the epPoints^® account balance can also be found on the corresponding website.

4.4 Eppendorf SE reserves the right to limit and/or extend the granting of epPoints^®, e.g. for promotions.

4.5 To receive points, the customer must have registered online (refer to Clause 2. above) and must have been allocated an epPoints^® account. Entries on the epPoints^® account must be made by the participant. When buying an Eppendorf product which is part of the epPoints^® program, a certain number of points is credited by using the code which is attached to the packing as a label and by entering the name of the product after logging into the online epPoints^® account. Each points code can only be used once. Points are credited to the epPoints^® account in accordance with the requirements in Clause 5.

4.6 Bonus points may also be credited to the participant’s epPoints^® account for other purposes of Eppendorf SE, such as acquiring new customers.

5. epPoints account

5.1 Initially, the points are credited conditionally, until the various prerequisites for receipt and credit of the points are met, as defined by Eppendorf SE in conjunction with the promotions (e.g. payment received for purchase, not exercising the right of revocation, etc.). If it is found that these prerequisites have not been met (revocation, non-payment, misuse of the bonus program, etc.) Eppendorf SE may cancel the points. If Eppendorf SE does not make any provision for crediting points in conjunction with promotions, points will only be credited when the customer has paid for the ordered goods.

5.2 The participant can request his epPoints^® account balance online after logging into the epPoints^® webpage with his user name and his password. The participant must notify any complaints regarding the epPoints^® account balance immediately after this has come to his attention, but no later than 14 days after the corresponding transaction (e.g. registration of points and/or ordering awards). If no complaint is received within the above period, the epPoints^® account balance stated is deemed to be approved.

5.3 epPoints^® may only be transferred to other persons free of charge. The participant and the third party need to use the transfer form which can be downloaded from the profile settings of your myEppendorf account. Any sale or swapping of points is expressly prohibited, also refer to the Clause 6.1 below.

5.4 Participants can find further information about the bonus program of Eppendorf SE online on the epPoints^® pages. Our hotline is also available to participants, either by e-mail (myeppendorf@eppendorf.de) and/or by phone (Monday to Friday, from 8 am to 5 pm CET: +49 (1803) 666 789).

6. Reward benefits / limited contingents / defects

6.1 Credited points can be exchanged for non-monetary rewards in the epPoints^® shop, provided the participant’s epPoints^® account has at least the required number of points for the corresponding reward and the employer agrees to exchanging the points for rewards and their use for personal purposes. Missing points cannot be made up with cash payments. The sale or trading of epPoints^® - in any form (e.g. swapping) - is not permitted. If a participant breaches this condition, Eppendorf SE shall be entitled to termination without notice in accordance with Clause 8.2 of these Terms & Conditions. In addition, Eppendorf SE is also entitled to block the participant’s reward account. The right of Eppendorf SE to make further claims against the participant, including, but not limited to claims for damages, remains unaffected. Ordering a reward authorizes Eppendorf SE to debit the epPoints^® account with the corresponding equivalent value of points. If the number of points in the epPoints^® account is not sufficient, the participant will be notified of this before the order is processed. 

The online reward orders will be processed immediately, if possible. However, please allow up to 8 weeks for delivery, as this depends on the upstream supplier. If, in exceptional cases, delivery times are longer, in particular, if Eppendorf SE does not receive correct or timely deliveries, it shall notify the participant, if possible. This also applies if Eppendorf SE is unable to fulfil the order because the item is not available. Any damages due to late delivery (see above) or because the reward is not available shall be excluded, unless there is gross negligence or intent on part of Eppendorf SE. The participant shall receive the reward in one delivery, if possible. If the order contains items which need to be packed separately or shipped by different methods part shipments are inevitable. However, this will not have any disadvantages for the participant as the costs for postage and packaging are paid by Eppendorf SE. An order will become effective when it is submitted. In the case of obvious errors as well as writing, printing and calculation errors Eppendorf SE shall be entitled to cancellation.

6.2 There may be restrictions for the rewards concerned and they may only be made available subject to availability and time restrictions. Any restrictions or limited availability of the reward concerned will be announced on the pages of the epPoints^® shop.

6.3 The points values of the rewards are stated in the current reward catalog and may be subject to change. Should an individual reward be shown with an incorrect points value by mistake - which may occur in spite of all efforts - and the points value is higher than the one stated, Eppendorf SE will contact the participant and ask whether the reward is to be shipped nevertheless. If the points value is lower than the value stated the participant shall receive the reward ordered at the lower points value without any further consultation.

6.4 Eppendorf SE will ship the reward to the last postal address that was communicated by the participant and shall not be responsible for any negative consequences resulting from an incorrect address or a change of address that has not been communicated.

6.5 Rewards cannot be returned or exchanged for other rewards. The participant only has a right to return/subsequent performance if Eppendorf SE has fraudulently concealed a defect in quality or title of the reward. For rewards which are not its own products, Eppendorf SE shall be entitled but not obliged to assign to the participant any claims for defects in quality/title against the manufacturer/supplier. If the claims are assigned, the participant shall have no right to return/subsequent performance against Eppendorf SE for a defective reward, unless Eppendorf SE has fraudently concealed a defect. Eppendorf SE shall be liable for damages for defects in quality/title according to the provisions in Clause 12, whereby, notwithstanding Clause 12., liability shall be limited to instances of intent and gross negligence. 

6.6 Detailed information about the type and duration of the bonus activities and the number of points allocated can be found on the epPoints^® pages. For any queries regarding the bonus program the following e-mail address is available to the participant as a contact address: myeppendorf@eppendorf.de. The participant is requested to send any complaints regarding the rewards to this address.

7. Products of the epPoints^® bonus program

Eppendorf SE is entitled to remove individual products from epPoints^® programs without giving any reasons and/or to add new ones to the bonus program.

8. Points expiry

Any epPoints^® which are not redeemed for rewards expire automatically and without substitution at the end of December, 31 of each calendar year, but at the earliest 24 months after they have been credited.

9. Notice of Termination / validity of epPoints following notice of termination

9.1 The participant can terminate his participation in the bonus program of  Eppendorf SE at any time with immediate effect. The participant can do this by writing to the e-mail address myeppendorf@eppendorf.de, by fax or by mail. The participant will then receive a confirmation of the termination by e-mail. The epPoints^® account will be deactivated when the termination is confirmed.

Once the 14-day cancellation period has passed, the epPoints® account will be deleted including all epPoints^®. The participant is, of course, free to request the deletion of his bonus credit before the end of the cancellation period.

9.2 Eppendorf SE may terminate the participation by giving two weeks notice. The notice of termination must be given in writing (in advance by e-mail).

The participant’s epPoints^® account shall only be deleted completely once all the points in the account have been exchanged, but not later than 4 weeks from the date of the written notice of termination by Eppendorf SE. The participant is, of course, free to request the deletion of his bonus credit before the end of the 4-week period.

9.3 In addition, Eppendorf SE may also terminate the participation without notice for cause. Justified causes include, but are not limited to the following cases: the participant

 

• breaches the Terms & Conditions, the reward regulations or other contractual provisions,
• provides incorrect data, or
• does not earn any points within 12 months after registration.

The notice of termination must be given in writing (in advance by e-mail).

9.4 If the contract is terminated by Eppendorf SE in accordance with Clause 8.3 the points earned by this point in time shall expire without any recourse. The expiry shall become effective when the notice of termination is received by the participant. The participant’s account is blocked when the notice of termination is sent.

10. Discontinuation of the bonus program

Eppendorf SE reserves the right to discontinue the epPoints® bonus program at any time or to replace it with a different program. If the bonus program is discontinued or replaced, Eppendorf SE will notify the participants in advance within an adequate period and terminate the existing participation relationship by giving two weeks notice. Notices of termination must be given in writing (in advance by e-mail). Once the discontinuation of the bonus program has been published on the Internet on the webpage www.eppoints.com and the notices of termination have been received by e-mail, the participants have three months to exchange their points for rewards. After the end of the three months the points will no longer be valid. Should Eppendorf SE be prohibited to conduct the bonus program in its current form due to legal requirements, decisions by a court of law or a government agency, Eppendorf SE shall be entitled to terminate this contract without due cause or notice. The notice of termination must be given in writing (in advance by e-mail). Any claims on part of the participant (including, but not limited to redeeming points, damages or similar) shall be excluded. However, Eppendorf SE will attempt to ensure that the points can continue to be redeemed for a period of 3 months following the discontinuation of the program, if possible.

11. Changes to the Terms & Conditions

Eppendorf SE also reserves the right to make changes or additions to these Terms & Conditions at any time, if this appears to be necessary and the participant is not disadvantaged in breach of good faith and if this is required in the interest of an easy and secure handling and, in particular, to prevent any misuse. Any changes will be notified by e-mail. They are deemed as approved if a participant continues to use his epPoints^® account to obtain a points credit or if he does not object in writing within one month from the notification. With the communication of the change/addition to the Terms & Conditions, Eppendorf SE will also advise the participants that their action will have consequences with regard to approving changes as described above.

12. Data protection

12.1  The relevant data protection legislation of the Federal Republic of Germany applies to the performance of the epPoints^® program.

12.2 Personal data shall only be collected, processed and used to the extent that the relevant legislation of the Federal Republic of Germany permits and only if Eppendorf SE has received the participant’s corresponding declaration of consent. The participant will provide this declaration of consent with his registration when he accepts these Terms & Conditions.

12.3 The participant agrees that any epPoints^® data that is generated during the use of the bonus program, may be collected, processed and used to ensure that the provision and design of the offer meets the participant’s requirements. The personal address data will only passed on to the sender of the reward and, in cases where services that were expressly requested by the participant require his data to be passed on. Processed data will only be passed on in an anonymized form for advertising and market research purposes. This declaration of consent is voluntary and can be withdrawn at any time.

13. Liability

In addition to the liability of Eppendorf SE laid down in Clause 3., the following shall apply to the liability of Eppendorf SE, whereby the provision in Clause 6.5 is also to be observed with regard to the liability for defects in quality/title:

13.1 In the case of data loss the liability of Eppendorf SE shall be limited to the cost of restoring the data on the basis of a backup copy of the data, whether such a copy is available or not. The participant is therefore required to make regular backup copies.

13.2 Eppendorf SE shall not be liable - unless it can be accused of intent or gross negligence - for the security of any data sent via the Internet, including, but not limited to such data being seized or obtained by unauthorized third parties. In spite of a high technical standard, it is not possible to guarantee an absolutely secure connection.

13.3 In all other cases which do not fall under Clauses 3., 12.2 or 12.3, and except as otherwise provided in the Terms & Conditions, Eppendorf SE shall not be liable for any kind of damage. This exclusion does not apply to damage caused by Eppendorf SE with intent or gross negligence - in cases of slight negligence for damage arising from an injury to life, limb or health as well as for any damage caused by a breach of material contractual obligations by Eppendorf SE. In cases of a negligent breach of material contractual obligations the liability of Eppendorf SE shall - with the exception of damage to life, limb or health - be limited to damages that are to be expected by Eppendorf SE for this type of contract.

13.4 The above exclusions from and limitations of liability also apply to the liability of Eppendorf SE for its executive bodies, employees and vicarious agents as well as the personal liability of the executive bodies, employees and vicarious agents of Eppendorf SE.

13.5 The above exclusions from and limitations of liability do not apply where the mandatory standards of the applicable product liability law require liability for personal injury or damage to property.

14. Taxation advice for participants

Eppendorf SE advises that the rewards may be subject to taxation in accordance with income tax law if they are intended for personal use and used in this way. This may mean that the participant needs to declare the rewards he has received in his tax return. Eppendorf SE recommends that participants consult an accountant in this regard, if applicable. Eppendorf SE shall not be liable for any tax consequences of the bonus program.

15. Applicable law / recourse of third parties / venue

15.1 For the contractual relationship German law shall apply. German law shall also apply to orders from abroad, excluding the UN convention on the International Sale of Goods. If any of these Terms & Conditions should be or become ineffective, the other conditions shall remain in force unchanged.

15.2 Eppendorf SE may use third parties such as hotels, tour operators etc. to fulfill the rewards. If such rewards are chosen the Terms & Conditions of these partner companies shall also apply.

15.3 The venue is Hamburg if the participant is a businessman or trader. Hamburg shall also be the venue if the participant does not have a venue as a non-businessman or non-trader in Germany, takes up residence outside of the Federal Republic of Germany after registering for the bonus program or if his habitual place of residence is not known to Eppendorf SE when commencing proceedings. Eppendorf SE is also entitled to take legal action against a participant at his venue. 

B. Product registration

1. Validity of texts

The following texts also apply to product registration:

• Data protection policy
• epPoints^® Terms & Conditions

2. Proof of purchase

Eppendorf may request proof (e.g. proof of purchase) to check the validity and the actual existence of registered Eppendorf instruments at the user’s site. If fraud is suspected Eppendorf may exclude users from participating in the online product registration and in the epPoints^® customer loyalty program. Eppendorf will investigate any suspected fraud and take legal action accordingly, if required.

Eppendorf reserves the right to change the modality of online product registration at any time without prior notice or, to discontinue the program altogether.

The Terms & Conditions may be amended from time to time.

Status: July 2017