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GENERAL TERMS AND CONDITIONS OF PARTICIPATION FOR THE CUSTOMER CARD PROGRAM

1. Scope

The Loyalty Card Program is operated by KaDeWe GmbH, Katharina-Heinroth-Ufer 1, 10787 Berlin (the “KaDeWe”), in accordance with these terms and conditions and is valid in the department stores of KaDeWe, currently: KaDeWe, Tauentzienstraße 21-24, 10789 Berlin, Oberpollinger, Oberpollinger Neuhauser Straße 18, 80331 Munich (the “Oberpollinger”)[2], and Alsterhaus, Jungfernstieg 16-20, 20354 Hamburg (the “Alsterhaus”)[3].

The participation of customers in the Loyalty Card Program (hereinafter referred to as “Participants”) is subject to the following general terms and conditions in their respective versions. This version is as of August 1, 2024.

2. Contacts and information

The Participant can obtain information about the Loyalty Card Program through the following contact details:

KaDeWe Customer Service, Tauentzienstraße 21-24, 10789 Berlin, Tel.: +49 30 2121 2053 or – 2056, website: www.kadewe.de, email address: kundenservice@kadewe.de.

3. Program description

The Loyalty Card entitles the Participant to participate in the Loyalty Card Program. Current information and promotions can be accessed on site from customer service or in the online portal.

With the Loyalty Card, the purchases and revenues made by the Participant in the department stores KaDeWe (Berlin), Alsterhaus (Hamburg) and Oberpollinger (Munich) are recorded on the Participant’s individual Loyalty Card account. On the basis of the revenue recorded in this way, the Participant receives a reimbursement at the end of a calculation period if the required revenue level is reached. This is done in accordance with the defined revenue and status scales in the form of a shopping voucher or other specials (see point 5. Reimbursement).

4. Registration and Participation

On a voluntary basis, any natural person who has reached the age of 18 can become a Participant. The Loyalty Card may be applied for for a maximum of one (1) time per Participant and may be used exclusively for personal and private use.

The requirements for participation are the provision of your name, salutation, full address, a valid email address and your date of birth (“Basic Data”) as well as the signing of the application form or the online completion of the Loyalty Card application with confirmation of the registration link sent to you.

By registering, you declare the accuracy and correctness of all information provided; you must inform us immediately of any changes to the Basic Data, otherwise it will not be possible, for example, to issue the voucher properly.

A necessary requirement for participation in the Loyalty Card Program is the provision of your email address in the application form or when completing the online registration, as all non-promotional communication in connection with the Loyalty Card Program (“Messages about the Loyalty Card Program” respectively “Status Mailings”) is sent by email. This includes, but is not limited to, information relating to the Loyalty Card Program itself, such as adjustments and changes to the terms and conditions or contact information as well as for a maximum of two (2) times a year notifications about points and card status, the availability of revenue-related reimbursement credits or status-based vouchers and benefits.

We would like to point out that Messages about the Loyalty Card Program or Status Mailings will also be sent if you do not give your consent to marketing when registering for the Loyalty Card Program or withdraw your consent in the course of the contractual relationship.

KaDeWe reserves the right to refuse the participation of persons or to terminate it subsequently for good cause. A good cause is in particular the misuse of the program in breach of contract. Rules on termination, conclusion and changes of the terms and conditions can be found in “8. Termination, conclusion and changes to the terms and conditions”

5. Reimbursement

Participants in the Loyalty Card Program will receive the following reimbursements for revenues made and recorded in the department stores KaDeWe (Berlin), Alsterhaus (Hamburg) and Oberpollinger (Munich) (“Store”) in a calculation period.

The relevant calculation period corresponds to the calendar year.

5.1 THE LOYALTY CARD POINTS PROGRAMM

  • For every 1 Euro spent, 1 point is credited. Points can be earned by making purchases in the department stores KaDeWe (Berlin), Alsterhaus (Hamburg) and Oberpollinger (Munich) upon presentation of the Loyalty Card.
  • From 500 points in a calculation period, the Participant can redeem them for a shopping voucher in the following calculation period. At the time of redeeming the points for a shopping voucher, the customer must be a Participant. A cash disbursement is not possible.
  • From a turnover of 5,000 Euros (5,000 points; multiple payments from any promotions are not taken into account for the status) in the respective relevant calculation period, the Participant receives the status “Superior” (see Point 7.2) and will be sent their personal “Superior Card” in the following calculation period.
  • From a turnover of 10,000 Euros (10,000 points; multiple payments from any promotions are not taken into account for the status) in the respective relevant calculation period, the Participant receives the status “Royal” (see Point 7.3) and will be sent their personal “Royal Card” in the following calculation period.
  • 1 point corresponds to a voucher value of 0.01 Euros. The points scales for the revenue made in a calendar year are therefore as follows as an example:
    • 500 points: Shopping voucher worth 5.00 Euros;
    • 1,000 points: Shopping voucher worth 10.00 Euros;
    • 5,000 points: Shopping voucher worth 50.00 Euros.
  • Shopping vouchers can only be redeemed as part of an existing membership and upon presentation of the Loyalty Card in the department stores KaDeWe (Berlin), Alsterhaus (Hamburg) and Oberpollinger (Munich).
  • The number of points collected can be viewed at the customer service or online in the Loyalty Card portal.

5.2 OTHER

In addition, points can be offered for certain promotions in a quantity and duration specified by KaDeWe.

The points program does not apply to publishing products, services, gift and wish cards, travel, tobacco products, deposits, or purchases from concession partners and tenants. A list of tenants and concession partners can be viewed at all cash registers and online at www.kadewe.de.

The reimbursement will be paid out in the form of a shopping voucher. The Participant can have this issued within one year, starting with the end of the calculation period in which the points-relevant revenue was made, at the respective customer service or online on the homepage of the store. At the time a shopping voucher is issued, the customer must be a Participant.

Shopping vouchers for the calculation period of the calendar years 2021, 2022 and 2023 are valid up to and including December 31, 2024 for purchases in the department stores KaDeWe (Berlin), Alsterhaus (Hamburg) and Oberpollinger (Munich) using the Loyalty Card.

Shopping vouchers for the calculation period from the calendar year 2024 onwards can be redeemed in the department stores KaDeWe (Berlin), Alsterhaus (Hamburg) and Oberpollinger (Munich) within one year from the date of issue of the shopping voucher.

6. Recording and considering the revenue to determine the reimbursement

In order for the reimbursement claim and shopping voucher to be determined, the Participant’s revenue must be recorded. To do this, the Participant must use the Loyalty Card during the stationary checkout process in the store. KaDeWe is entitled to take into account transactions made provisionally first and only later definitively to determine the reimbursement, e.g. if goods are paid for in full at a later date after a deposit has been made or if rights of revocation and withdrawal have to be awaited. The consideration of revenue for the reimbursement claim may be excluded if the Participant is granted other discounts or benefits or if the services are provided as part of special promotions. Transactions taken into account can be cancelled if the terms and conditions for the Loyalty Card Program are violated, the requirements for consideration are no longer met (e.g. in the case of return or non-payment of purchased goods), an incorrect booking has taken place or there is abuse on the part of the Participant. Relevant transactions made as part of this program may be recorded with a delay in individual cases due to technical conditions.

Objections to the correctness or completeness of the revenue status (complaint) of the Loyalty Card account must be submitted at least in text form to the mentioned contact information (see Point 2) no later than three (3) months after the transaction within the same calendar year. For this purpose, the corresponding receipts with the Loyalty Card number must be enclosed in full, stating the card number. Without a timely complaint, the value of the shopping voucher issued to the Participant is considered approved.

7. Additional services

The additional services and benefits of the respective Loyalty Card (PREMIUM CARD, SUPERIOR CARD, ROYAL CARD or similar) are voluntary services of KaDeWe and can be viewed by the Participant on the KaDeWe website. The Participant is not entitled to the additional services and/or benefits, in particular they can be one-off and short-term promotions. KaDeWe has a unilateral right of amendment, supplementation or cancellation at any time if there is a good reason.

7.1 PREMIUM CARD

The Participant becomes a premium customer by registering for the Loyalty Card Program and enjoys changing additional services and/or benefits from the day of registration. These can be, for example: pre-sale participation or Loyalty Card-specific shopping benefits.

7.2 SUPERIOR CARD

The Participant becomes a superior customer from a revenue of 5,000 euros in the calculation period (5,000 points; multiple payments from any promotions are not taken into account for the status). If the revenue threshold is exceeded, an upgrade is made in the following calculation period. The status “Superior” then applies to this entire following calculation period. The status “Superior” is associated with specific changing additional services and/or benefits. These can be, for example: free coffee at designated locations, 10% voucher on a product*, two glasses of free champagne on a day selected by the Loyalty Card holder.

7.3 ROYAL CARD

The Participant becomes a royal customer from a revenue of 10,000 euros in the calculation period (10,000 points; multiple payments from any promotions are not taken into account for the status). If the revenue threshold is exceeded, an upgrade is made in the following calculation period. The status “Royal” then applies for this entire following calculation period. For the Participant with the status “Royal” specific changing additional services and/or benefits apply. These can be, for example: birthday gift, a Royal breakfast, free clothing change service, 10% voucher on a purchase*.

7.4 ONLINE LOYALTY CARD ACCOUNT

To set up the online Loyalty Card account for the first time, the email address provided for the Loyalty Card Program must be used; it can then be changed by the customer. The password for the online Loyalty Card account must be kept secret and protected from access by other persons.

7.5 OTHER

The Loyalty Cards mentioned under points 7.1 – 7.3 (PREMIUM, SUPERIOR, ROYAL) are not an exhaustive list. Additional Loyalty Cards with individual additional services and benefits can be created by KaDeWe. There is no entitlement to these.

8. Termination, conclusion and changes to the terms and conditions

The Loyalty Card is linked to the Loyalty Card Program. Termination of participation in the Loyalty Card Program is possible at any time. KaDeWe may terminate the participation in the Loyalty Card Program in text form to the Participant with a notice period of four weeks. If the termination is for good cause (e.g. transactions were only carried out for the sake of appearance, services were cancelled in order to fraudulently obtain revenue to be taken into account, multiple registrations, harassing behavior that deliberately harms the company), the participation relationship can be terminated by KaDeWe in text form without observing a notice period. In the event of termination for good cause, the customer‘s claim for reimbursement shall be forfeited.

Furthermore, KaDeWe reserves the right to change or supplement these terms and conditions if changes are necessary in the interest of secure processing and to prevent abuse. This does not affect the claims that have already arisen at the time of the discontinuation of the Loyalty Card Program or the change to the terms and conditions. Any changes to the terms and conditions will be sent to you in text form by email. In addition, changes will be published on the KaDeWe website. The amendment or addition to the terms and conditions shall be deemed to have been approved by the Participant, unless the Participant objects to the changes in text form, e.g. by email, or terminates the participation in the Loyalty Card Program within six weeks of notification of the change. The same applies if the Participant continues to use the Loyalty Card after the deadline. If the Participant objects to the change, the previous conditions continue to apply to him unchanged. In this case, KaDeWe reserves the right to terminate the objecting customer with a notice period of four weeks. KaDeWe will point this out to the Participant separately in the notification.

9. Liability

In the event of intent or gross negligence as well as in the absence of a guaranteed characteristic, KaDeWe shall be liable without limitation for all damages attributable thereto. In the event of slight negligence, KaDeWe is liable without limitation in the event of injury to life, limb or health. If KaDeWe is in default with its services due to slight negligence, if its services have become impossible or if it has violated a material obligation, it shall be liable for any resulting material and financial damage up to the amount of foreseeable, typically occurring damage.

10. Privacy

The personal data associated with participation will be collected, processed and used in accordance with the statutory data protection regulations. The privacy notice for the Loyalty Card Program applies.

11. Final provisions

11.1 Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply instead of the invalid provision. This applies mutatis mutandis to the filling of any gaps in these terms and conditions.

11.2 All contracts with us are subject exclusively to the laws of the Federal Republic of Germany to the exclusion of German conflict of laws as well as all international and supranational legal systems, in particular the UN Convention on Contracts for the International Sale of Goods, as well as all claims, rights and obligations arising from or in connection with them. If the Participant as a consumer has his habitual residence in another country within the European Union at the time of the respective conclusion of the contract, the application of mandatory legal provisions of that country remains unaffected by the choice of law set out in sentence 1.

* Some departments as well as tenants and concession partners of KaDeWe do not grant a discount and do not participate in the points program. A list of exceptions can be viewed at all cash registers or in the online portal.