§ 1 Scope and Provider

These participation terms govern participation in the loyalty program (the “Program”) of Primal State Performance GmbH, Pappelallee 78/79, 10437 Berlin, represented by Nicolas Martin and Steven Mattwig, hereinafter “the Provider”.

The Program is intended exclusively for consumers within the meaning of Section 13 of the German Civil Code (BGB) who reside in France and have a customer account in the Provider’s online shop.

§ 2 Conditions of Participation

Natural persons aged 18 or older with a valid customer account in the Provider’s online shop may participate.

Participation in the Program is free of charge. Separate registration is required, unless it is automatically linked to the opening of the account.

Participation is personal and non-transferable. Only one loyalty account per person is permitted.

§ 3 Points, Collection and Redemption

Within the Program, customers can collect points for certain actions (“Actions”). Points have no monetary value, are non-transferable and cannot be assigned. Payout in cash is excluded.

The Provider may at any time change or discontinue, with effect for the future, the points awarded for each Action, the redemption conditions and the range of Actions (§§ 8 and 9).

3.1 Points for online orders

For orders placed in the Provider’s shop, the customer receives 1 point for every EUR 20 of order value.

The basis for calculation is the amount actually paid for the order, after deduction of discounts, including shipping costs and statutory value added tax.

Points are credited only once the order is deemed completed.

If the customer exercises a statutory or contractual right of dissolution, withdrawal or return, or if the order is reversed for any other reason, the points credited for the relevant order are deducted again. This also applies if the points have already been redeemed; the points balance may then be temporarily negative.

3.2 Points for friend referrals (“Referral”)

The customer can receive points for successfully referring new customers. A new customer is a person who did not yet have a customer account with the Provider and has not yet placed an order.

For each successful referral, the referring customer receives 10 points if:

– the referred friend registers via the referral channel provided by the Provider, and

– places an order for which payment has been successfully completed.

As part of the referral program, the referred friend receives a one-time discount of 25% on their order, provided that the conditions set for this (for example, minimum order value, exclusion of certain products) are met.

A maximum of 15 successful referrals per customer are permitted within a period of 12 months. The relevant period begins with the first successful referral.

If the referred friend returns their order in whole or in part, the points credited to the referring customer are in principle not deducted. However, the Provider reserves the right to take appropriate measures in the event of abuse (§ 6).

3.3 Birthday points

Customers receive 10 points on the occasion of their birthday.

This is subject to the customer having saved their correct date of birth in their customer account. The Provider may request appropriate evidence if there is doubt as to its accuracy.

Crediting takes place automatically on the date of the saved date of birth.

A maximum of one birthday bonus is awarded per period of 12 months.

3.4 Points for product reviews (text and visual reviews)

Customers can receive points for verified product reviews:

– 2 points for a text review.

– 4 points for a visual review (for example, a photo or video).

For each product and customer, a review is rewarded with points only once in total, regardless of whether it is a text review or a visual review.

Points are credited only once the review has been checked and approved by the Provider. There is no entitlement to the publication of a review.

Reviews that violate applicable law, the rights of third parties or the Provider’s review rules are not published and are not rewarded.

3.5 Points for WhatsApp sign-up

For signing up to the Provider’s WhatsApp newsletter, the customer receives 2 points on a one-time basis.

Crediting takes place once the customer has fully completed and confirmed the sign-up process defined by the Provider.

This Action is aimed exclusively at customers who are not yet subscribed to the Provider’s WhatsApp newsletter. A repeated reward is excluded.

§ 4 Points Balance and Expiry

The current points balance can be viewed in the customer account. The customer must report any discrepancy within 4 weeks of the relevant entry, providing proof of the corresponding Action.

Points expire after a period of 24 months from the end of the year in which they were credited, unless the Provider communicates a different period. The date of crediting is decisive.

Upon termination of participation in the Program or discontinuation of the Program, all points not yet redeemed at that time expire in accordance with §§ 7 to 9.

§ 5 Redemption of Points

Points can be redeemed for discounts on orders or other rewards under the conditions stated in the online shop.

The number of points required and the redemption conditions (for example, minimum order value, participating products, time restrictions) are stated in the online shop and may be changed by the Provider at any time with effect for the future.

Payout of the cash equivalent of points is excluded.

§ 6 Abuse and Unauthorized Use

Abuse of the Program occurs, in particular, if:

– false information is given about the person or the date of birth,

– multiple accounts are created for the same person,

– referrals take place only ostensibly (for example, self-referral via fictitious accounts),

– reviews are not based on personal experience or are materially misleading,

– technical manipulations are carried out.

In the event of suspected abuse or a material breach of these participation terms, the Provider is entitled to block accounts, cancel points or terminate participation with immediate effect. The Provider’s statutory rights, in particular claims for damages, remain unaffected.

§ 7 Termination of Participation by the Customer

The customer may terminate their participation in the Program at any time without notice, by notification in text form (for example, by e-mail) to the Provider.

When the termination takes effect, all points not yet redeemed at that time expire. A transfer to other accounts is excluded.

§ 8 Amendment of the Participation Terms

The Provider reserves the right to amend these participation terms with effect for the future, insofar as this is necessary to adapt to legal or technical developments or to improve the Program, and is reasonable for the customer.

Changes are communicated to the customer in text form (for example, by e-mail or in the customer account). If the customer does not object to the amended terms within 6 weeks of notification, the changes are deemed accepted. The Provider will specifically draw the customer’s attention to this.

If the customer objects to the changes, the Provider may terminate the customer’s participation in the Program.

§ 9 Termination or Amendment of the Program

The Provider is entitled to terminate the Program in its entirety, subject to a notice period of 3 months to the end of a month, or to replace it with another program.

In the event of termination, the points collected may be redeemed until the termination of the Program takes effect, under the redemption conditions then in force. After this period, all points not redeemed expire.

§ 10 Data Protection

The Provider processes the customer’s personal data for the performance of the Program on the basis of Article 6(1)(b) GDPR. Further information can be found in the Provider’s privacy policy.

For the calculation and management of the points balance, the following data is processed in particular: basic data (for example, name, customer number, date of birth), contact details, order data, data relating to reviews, data relating to participation in the referral program and the WhatsApp newsletter.

The customer may object at any time, with effect for the future, to the processing of their data for the purposes of the loyalty program. In that case, participation in the Program is no longer possible, participation ends and the points expire in accordance with § 7.

§ 11 Final Provisions

The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer-protection provisions of the country in which the customer has their habitual residence remain unaffected.