Conditions for participation
1 OBOpoints bonus program
1.1 The OBOpoints program, hereinafter referred to as OBOpoints, is operated by OBO Bettermann GmbH & Co. KG, 58710 Menden. OBOpoints is a bonus program that enables you to collect points when purchasing goods from OBO Bettermann GmbH & Co. KG As a participant in the program, you can cash-in these OBOpoints and order the items described in para. 6. All participants can also win attractive prizes from the range of bonus items every month.
1.2 The valid version of the General Participation Conditions below apply to your participation in OBOpoints. You acknowledge these conditions on filling out the online registration form at www.obo-points.com or on participation in the program.
1.3 OBOpoints are available worldwide in the form of a ticket contained in the product packaging surrounding the items shown at www.obo-points.com.
1.4 Any person aged 16 years or older can participate in OBOpoints. Participation is free of charge. Every ticket has a code, which you can register at www.obo-points.com.
1.5 Make sure that all the details you give (e.g. e-mail address) are correct. Incorrect details may hold up the despatch of your bonus item. Please make any necessary changes to your registration data immediately in your account screen at www.obo-points.com.
1.6 OBO Bettermann GmbH & Co. KG reserves the right to incorporate other companies (hereinafter referred to as "Acceptance Companies") into the OBOpoints program. Acceptance Companies may also leave the program. OBO Bettermann GmbH & Co. KG will announce the entry and exit of Acceptance Companies.
2 OBOpoints ticket
2.1 The OBOpoints ticket enables OBOpoints to be collected at participating acceptance locations. The ticket is not a method of payment and becomes invalid once the code printed on it has been entered.
2.2 Tickets with printed codes must be registered on the Internet at www.obo-points.com. Tickets sent in by post will become invalid and cannot be considered.
3 Collecting points
3.1 When you buy an item advertised in the bonus notice, you will receive the stated bonus credit in the form of OBOpoints. The points notices appear at www.obo-points.com. These points notices are preceded by designations at the participating acceptance locations for special bonus notices and/or are supplemented by same.
3.2 We reserve the right to change, restrict or increase the awarding of OBOpoints at any time. The relevant points notice shall then govern for the duration of your participation.
3.3 We reserve the right to exclude the awarding of OBOpoints if you are making use of alternative discounts or concessions or where special campaigns are concerned. In such cases, the points notice shall govern.
3.4 To obtain the credit, enter the code printed on your OBOpoints ticket at www.obo-points.com. Once you have registered with your contact data, the OBOpoints will be credited to your account. You can enter further codes by inputting your access data, which consists of your e-mail address and password. Once entered, the code becomes invalid.
3.5 If a contract to which your OBOpoints have been credited is cancelled (termination, rescission, withdrawal, conversion etc.) or if points are incorrectly posted or misused, the points credit concerned will be cancelled.
3.6 Collected points balances are not transferable.
4 Points balance
4.1 Your OBOpoints are registered to your account at OBO Bettermann GmbH & Co. KG You can request your current points balance any time by entering your e-mail address and password at www.obo-points.com.
4.2 You must lodge any objections to the accuracy or completeness of the points balance at www.obo-points.com within one month of receiving e-mail notification. If no objection is lodged in due time, the points balance is deemed accepted.
5 Points invalidity
OBOpoints are valid for 36 months from registration and automatically lapse at the end of the quarter following this period. The invalidity of points in the event of cancellation/termination is explained in paras. 9 and 10.
6 Cashing-in points
6.1 OBOpoints are cashed in according to the time of credit, i.e. the OBOpoints acquired first are the first ones to be cashed in.
6.2 OBOpoints may be cashed-in only for the bonus items advertised in the bonus notice at www.obo-points.com for the points values stated. OBOpoints have no cash-in value. The bonus notices contain the items, their equivalent in OBOpoints and any additional monetary payment. The bonus items can be acquired only under the conditions stated in the bonus notice and are subject to availability. Bonus notices can be changed at any time.
6.3 Submit the cash-in application direct via www.obo-points.com. You will need to enter your access data. The bonus notice states which items you can order. It also states whether the ordered items can be collected from participating acceptance locations or will be delivered to your home. Items will be delivered to your last known address. OBO Bettermann GmbH & Co. KG shall not be held liable for the consequences arising from failing to change address or making incorrect changes.
6.4 Bonus items shall be despatched while stocks last. If a particular item in the bonus notice is not available, either a similar item of comparable quality will be delivered or your points will not be cashed-in. Any additional monetary payments will be adjusted or reimbursed.
6.5 OBO Bettermann GmbH & Co. KG offers no guarantee for the bonus items. All performance, dimensions and weight values in the bonus catalogue notice at www.obo-points.com are approximations. Likewise, bonus items are delivered without any guarantee. If delivered items exhibit obvious material or manufacturing defects, including transport damage, or if the delivered items are incorrect, please register your complaint immediately with OBO Bettermann GmbH & Co. KG at www.obo-points.com, the participating acceptance location or the delivery company employee. OBO Bettermann GmbH & Co. KG can replace the item subject to availability (para. 6.4). Complaints received at the stated locations more than 14 working days from receipt of the item cannot be considered.
7 Liability
7.1 Liability, irrespective of grounds, is limited to intent and gross negligence. This liability limitation also applies in favour of official bodies or vicarious agents.
7.2 The compensation to be paid is limited to the amount of the foreseeable, typically occurring damage. The assertion of contributory negligence remains unaffected.
7.3 The liability limitations in accordance with the aforementioned paras. 7.1 and 7.2 do not apply to culpable injury to life, body or health nor to claims in accordance with the product liability law nor in cases where the law prohibits such liability limitations.
7.4 Neither OBO Bettermann GmbH & Co. KG nor its acceptance locations shall be liable for problems arising out of technical difficulties, irrespective of their nature, which adversely affect electronic communication or participation in the bonus item program, unless OBO Bettermann GmbH & Co. KG has acted with intent or gross negligence.
Furthermore, all participants are responsible and liable for all their activities, including uploading contents to this website and participation in the bonus program. Below is a list of some, not all, infringements that may result in the immediate termination of participants’ access to the website:
• The publication, uploading, sending, e-mailing or transmission of any contents that are illegal, obscene or libellous;
• The annoyance, harassment, embarrassment or interference with an other user in any undesirable manner;
• The uploading, sending, transmission or enabling or circulation of contents, which are libellous, dangerous, threatening, harassing, abusive, racist or ethnically offensive, vulgar, sexual, explicit, obscene, defamatory or objectionable;
• The use of vulgar or foul language;
• The personalisation of any natural or legal entity. You are not permitted to personalise any other user or person;
• The publication of any advertising or promotional material;
• The uploading of a virus or other such dangerous components, which may interrupt, destroy or limit the functionality of a piece of computer software, hardware or telecommunication equipment;
• Disruption or attempted disruption to the website;
• Collection or storage of personal data via other users
8 Loss of access data and misuse
8.1 In the event of loss, theft or other pilferage of your access data, you can apply for a replacement account at www.obo-points.com (see para. 1.5). The OBOpoints credited to the previous OBOpoints account will be transferred to the replacement account.
8.2 If you suspect that an unauthorised third party is misusing your OBOpoints account, please notify OBO Bettermann GmbH & Co. KG immediately (see para. 1.5). You are not liable for damage arising through misuse following this notification. Para. 7 applies for all other circumstances.
8.3 OBO Bettermann GmbH & Co. KG shall regard non-compliance with the participation conditions as misuse of the OBOpoints. In this case, OBO Bettermann GmbH & Co. KG reserves the right to delete the OBOpoints account and cancel the OBOpoints acquired through misuse without compensation. OBO Bettermann GmbH & Co. KG reserves the right to take legal action against fraud and manipulation.
9 Termination
9.1 You may terminate your participation in OBOpoints at any time without observing a period of notice and without special cancellation. The OBOpoints already collected will become invalid in accordance with the regulation stated in para. 5.
10 Termination of OBOpoints and change to the General Participation Conditions
10.1 OBO Bettermann GmbH & Co. KG reserves the right to cease, supplement or change the OBOpoints program observing an appropriate period of notice, if good reason exists, without observing such a period of notice and taking appropriate consideration of your needs. In the event of OBOpoints being ceased, you shall have the opportunity to cash-in the points you have already collected for a period of one month.
10.2 Furthermore, OBO Bettermann GmbH & Co. KG reserves the right to change or supplement these General Participation Conditions, insofar as this is required to ensure a simple, reliable procedure and specifically to prevent misuse. You shall be notified of changes in advance by e-mail to your last known address. A change is considered approved unless you use your OBOpoints account to obtain a points credit within one month of the date on which the e-mail message is received in accordance with para. 9.1. A separate reference to this effect will be included in the e-mail message.
11 Applicable law
11.1 German law applies with the exception of its international private law. Standardised purchasing laws and the United Nations Convention on the International Sale of Goods (CISG) cannot be applied.
11.2 OBO Bettermann GmbH & Co. KG reserves the unilateral and unconditional right, to remove, delete and destroy content at any time and without prior notification, including although not restricted to any content that infringes these regulations, in order to prevent participants using this website or any other websites of OBO Bettermann GmbH & Co. KG or its subsidiaries, branch offices or partners in the future.
11.3 All participants hereby accept that OBO Bettermann GmbH & Co. KG may lay down general practices and restrictions regarding the use of this website and participation in the bonus program. These practices and restrictions apply irrespective of the period during which uploaded content is available on the website and the maximum size of an uploaded content. OBO Bettermann GmbH & Co. KG shall under no circumstances be held liable for the deletion or non-storage of any content or other information maintained on or transferred to the website.
11.4 OBO Bettermann GmbH & Co. KG reserves the right to modify, interrupt temporarily or permanently this website, the bonus program or parts thereof with or without prior notification to the participants. This does not entitle participants and third parties to assert liability claims.
11.5 In addition to the above, all participants agree that OBO Bettermann GmbH & Co. KG may, at any time and using its sole discretion, use this website and remove and reject any uploaded or other content, irrespective of the reason. This does not entitle participants and third parties to assert liability claims.
11.6 Insofar as individual clauses in the aforementioned provisions become wholly or partially ineffective, the validity of the other provisions remains unaffected. The ineffective provision shall be replaced by one which comes closest in its economic purpose to the original. The same applies to any loopholes.
12 Miscellaneous
Errors and omissions excepted. Any recourse to courts of law is excluded.
Employees of OBO Betterman GmbH & Co. or its affiliates and their dependents may not participate.
Imprint
OBO BETTERMANN GmbH und Co.
Postfach 1120
D-58694 Menden
e-mail: info@obo-points.com
Internet: www.obo-points.com
Authorised executives: Ulrich L. Bettermann, Andreas Bettermann
Register Court: Arnsberg District Court
Register Number: HR 4854
VAT ID No. in accordance with 27 a of the Umsatzsteuergesetz (VAT Act): DE 811 792 270
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