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Terms and Conditions MERME Mates

Terms and Conditions MERME Mates

GENERAL TERMS AND CONDITIONS - MERME MATES LOYALTY PROGRAM

As of February 2024

1. PREAMBLE

The purpose of these General Terms and Conditions (hereinafter referred to as "GTC") is to regulate the rights and obligations of MERME GmbH, Choriner Str.23, 10435 Berlin, Germany (hereinafter referred to as "we" or "us"), the operator of the loyalty program offered via https://www.mermeberlin.com/ (hereinafter referred to as "Website") (hereinafter referred to as "MERME Mates") and the customers participating in MERME Mates (hereinafter referred to as "Members", "You").

MERME Mates is a loyalty program that allows members who have registered for a customer account on the website and wish to participate to collect points. These Terms and Conditions describe how members participate in the loyalty program, receive certain benefits, and collect points for each purchase and other interactions with us, as specified in the loyalty program, and redeem them for rewards and other benefits.

  1. PARTICIPATION IN MERME Mate

Acceptance of these terms and conditions requires the conclusion of an electronic contract, which is free of charge, in order to participate in MERME Mate.

By participating in MERME Mates, the member agrees to these terms and conditions without reservation.

We may amend these Terms and Conditions at any time, or modify or terminate the loyalty program (or any part thereof), particularly due to changes in legal regulations. If a change significantly affects the member's rights or obligations, the member will be informed of these changes in a timely manner. Continued use of the loyalty program constitutes the member's acceptance of any amendment, revocation, or supplement to these Terms and Conditions by us. The Terms and Conditions in effect at the time of your visit to the website apply.

  1. DURATION

You will benefit from the advantages of MERME Mates from the date of your registration for MERME Mates indefinitely, subject to termination by you or us, particularly in the event of non-compliance with the provisions of these Terms and Conditions.

  1. MERME Mates MEMBER ACCOUNT

The use of the MERME Mates is reserved for consumers within the meaning of § 13 BGB for private purposes; use for commercial or other entrepreneurial purposes is prohibited.

To gain access to MERME Mates, you must create a customer account on the website.

  1. i) By creating a customer account, you agree and confirm that you:
    If you are under 18 years old, you have the permission of a parent or guardian;
  2. ii) are able to enter into and fulfill your obligations under these Terms and Conditions;

iii) you have not registered more than one customer account, nor are you registering or creating a customer account on behalf of another person, or you otherwise maintain a false or misleading customer account;

  1. iv) you do not transfer the customer account to another (legal) person;
  2. v) ensure the security of your username, password and other confidential information relating to your customer account;
  3. vi) notify us immediately if you become aware or suspect that your customer account has been used without authorization, or if there is a (possible) security breach, including loss or theft of the password for your customer account;

vii) in the event of unauthorized use, you will take the necessary measures to prevent the unauthorized use of your customer account. For example, by contacting us or changing your login details;

viii) will not gain or attempt to gain access to another person's account, password or personal information or otherwise violate that person's privacy;

  1. ix) that you will update and keep your account information up to date, including all email addresses, postal addresses and any other contact or personal data we need to create your customer account;
  2. x) that we are not responsible for errors resulting from incorrect or inaccurate information provided by you;

xii) that you comply with all reasonable and legitimate instructions that we issue from time to time regarding access to and use of the website by members;

and

xiii) you will not engage in any malicious conduct when using the platform, including conduct that is directed at or causes to disrupt the functionality, integrity and operation of the platform.

You acknowledge and agree that we may take all necessary measures, including suspending or terminating your access to your customer account and the website without prior notice, if:

  1. i) we deem this necessary to protect our rights to the MERME Mates in accordance with these Terms and Conditions;
  2. ii) we deem this necessary in connection with compliance with other contracts to which we are a party;

iii) you have violated these Terms and Conditions when using your customer account and the points and benefits received under MERME Mates, and we have a legitimate interest in terminating the contract with you;

  1. iv) you have used the website unlawfully;
  2. v) we have reasonable grounds to suspect that there is unwanted activity related to the customer account.

You agree to use your customer account in accordance with these Terms and Conditions. We reserve the right to reject or remove any content, data, or information that you place or upload to the website and that is deemed offensive, illegal, malicious, or discriminatory.

  1. EARN LOYALTY POINTS

5.1. Collecting and redeeming loyalty points

  1. i) Members receive 50 loyalty points for creating their customer account on the website.
  2. ii) Members receive 1 loyalty point for every full euro they spend on the website. Depending on which MERME Mates group the member belongs to, the number of points is further increased according to the multiplication factor applicable to that specific MERME Mates group. The following multiplication factors apply to each MERME Mates group:

MERME Mates group, multiplication factor

Glow Getter, x 1.0

Radiant Riser, x 1.25

Skintultial, x 1.5

For example: For an order value of EUR 10.99, members from the "Crush" group receive a total of 10 loyalty points, members from the "Bestie" group receive a total of 12 points, and members from the "Soulmate" group receive a total of 15 points.

 

MERME Mates Group, loyalty points

Glow Getter, 25

Radiant Riser, 50

Skintulectual, 100

  1. iv) Members who follow us on our social media channels on Instagram and TikTok will receive 10 loyalty points once for each of the two channels.
  2. v) Members who submit a product review for a product purchased on the website will receive 10 loyalty points. The review must be submitted via the member's MERME customer account on the website.
  3. vi) Members receive 200 loyalty points when they send a link they receive from us to their friends, family, and acquaintances, who then create a customer account on the website using that link, and the first order placed through that customer account with a minimum order value of EUR 50.00 is successfully processed. If a member has received such loyalty points, we may deduct these points if the order for which the member received 200 loyalty points cannot be successfully processed, in particular in the case of incomplete payment or a valid cancellation of the order.

vii) If a member has provided us with their date of birth via their customer account, they will receive double the number of loyalty points for every order placed during the calendar month in which their birthday falls, as per section 5.1 ii). This does not apply if there are fewer than 30 days between the notification of the date of birth and the first calendar day of the month in which the birthday falls. Members can redeem their loyalty points for voucher codes, which can only be used for orders placed on the website (https://www.mermeberlin.com/). A minimum of 100 loyalty points must be redeemed for one voucher code. The voucher code therefore has a minimum value of EUR 10.00. For example, voucher codes with a value of EUR 10.00, 15.00, 20.00, 30.00, 40.00 or EUR 50.00 are also available if members redeem 100, 150, 200, 300, 400 or 500 of their loyalty points received in accordance with these terms and conditions.

viii) Voucher codes purchased via MERME Mates can only be redeemed if the value of the order for which the voucher code is used is at least EUR 50.00 higher than the value of the voucher. This means, for example:

With a voucher code worth EUR 10.00, the minimum order value is EUR 50.00.

With a voucher code of EUR 15.00, the minimum order value is EUR 55.00.

With a voucher code worth EUR 20.00, the minimum order value is EUR 70.00.

With a voucher code worth EUR 30.00, the minimum order value is EUR 80.00.

With a voucher code worth EUR 40.00, the minimum order value is EUR 90.00.

With a voucher code worth EUR 50.00, the minimum order value is EUR 100.00.

5.2. No cash value or transferability

Points do not constitute property, do not entitle a member to any right or share in property, and have no cash value. Therefore, points cannot be exchanged for cash or transferred for any reason, including in the event of death, as part of a personal relationship, or for any other legal reason. The sale of points is strictly prohibited, and we may terminate the account of any member who attempts to sell points. Points remaining in a member's account after the termination of the loyalty program will expire without the member being entitled to any compensation. Points cannot be transferred or assigned to any other loyalty programs we may have, unless we expressly stipulate otherwise at our sole discretion.

5.3. Unauthorized orders

No points will be awarded for orders of our products placed through third-party websites. These orders are not subject to these terms and conditions.

  1. MERME Mates CUSTOMER SERVICE

For all questions related to MERME Mates or collecting and redeeming points, please contact:

MERME GmbH

Choriner Str. 23

10435 Berlin
Germany
Email: service@merme.de

  1. DATA PROTECTION

We collect personal data from you as part of processing the agreements concluded with you. You can find our privacy policy here.

  1. TERMINATION/BLOCKING

You can terminate your participation in MERME Mates at any time without giving reasons, with effect for the future, by deleting your customer account. Deleting your customer account will result in the loss of all your benefits from MERME Mates; in particular, you will no longer be able to collect or redeem points, or receive any other benefits related to your participation in MERME Mates.

We reserve the right to permanently suspend or deactivate your customer account and, if necessary, revoke any associated benefits if you violate the provisions of these Terms and Conditions. In this case, you are not entitled to any compensation.

  1. LIMITATION OF LIABILITY

We are liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by us or one of our legal representatives or agents.

Furthermore, we are liable for slightly negligent breaches of essential contractual obligations, the breach of which jeopardizes the achievement of the contract's purpose, or for breaches of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely. In this case, however, we are only liable for foreseeable damages typical of this type of contract. We are not liable for slightly negligent breaches of obligations other than those mentioned in the preceding sentences.

The foregoing limitations of liability do not apply in cases of injury to life, body, or health, in the event of the assumption of a guarantee, or in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, legal representatives and officers, as well as our vicarious agents.

  1. COMPLAINT / DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution. This gives consumers the opportunity to resolve disputes related to their online orders without having to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We do not participate in dispute resolution proceedings before a consumer arbitration board. You can also contact us at service@merme.de.

  1. FINAL PROVISIONS

We may transfer or assign the rights arising from these Terms and Conditions or parts thereof to third parties without further notice to the member.

You may not assign or transfer any rights, benefits, or obligations relating to these terms without our prior written consent.

Invalid or unenforceable provisions of these terms and conditions shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

If the member is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the member and us is the registered office of MERME GmbH.