Conditions of participation for the “himolla prime” rewards programme of himolla Polstermöbel GmbH

1. Scope

These conditions for participation in the “himolla prime” rewards programme apply to all services and orders for rewards under the rewards programme. The conditions for participation are an integral part of the General Terms and Conditions, which shall apply in addition unless specific and overriding provisions are made herein.

1.1 Rewards programme

The “himolla prime” rewards programme is offered by himolla Polstermöbel GmbH and operated by Goldmarie & Friends GmbH. It is a rewards programme for sales staff at furniture stores who can collect points by selling himolla products. Participants can exchange collected points for rewards in accordance with the current version of the following conditions for participation.

Participation in himolla prime is free of charge.

1.2 Eligibility

All sales employees of participating retailers based in Germany whose commercial activities focus on the furniture business are eligible to participate. Companies whose internal guidelines exclude participation in such reward programmes are excluded from participation. Employees and staff of himolla Polstermöbel GmbH cannot participate.

1.3 Registration and start of participation

a) Participation is free of charge and voluntary. In order to participate, a sales employee must register for participation in the rewards programme and accept these conditions as binding.

b) By registering, the sales employee confirms that they fulfil the participation requirements and that all the information provided during registration is correct. Changes to the personal and business data provided during registration must be reported immediately. Himolla Polstermöbel GmbH is entitled to request additional documents from the sales employee as proof of the requirements for participation. Himolla Polstermöbel GmbH may exclude a sales employee from participation at any time if the sales employee is unable to provide suitable proof of fulfilment of the requirements for participation. Similarly, himolla may also exclude sales staff or furniture stores from participation at any time.

c) Points can only be collected once registration has been completed. The rewards programme is a long-term programme. Participation is, therefore, permanent unless it is cancelled in accordance with these conditions or the rewards programme is terminated in accordance with these conditions.

2. Collecting points

2.1 Points credit and basis for calculation, timing

Every participant in the points programme can collect points in a participant account in accordance with the following provisions. The points to be collected are generated based on the invoice amount and the features of the himolla upholstered furniture.

Each sale of a piece of himolla upholstered furniture is allocated a progressive points value based on the invoice amount.

Invoice amounts generated with himolla products purchased at special prices (e.g. so-called project sales) can be excluded from the collection of points if himolla Polstermöbel GmbH notifies the participant in advance.

Only full points are shown in the programme and can be redeemed. The points are updated in the backend. If a full point is scored, this is automatically credited to the points account; section 3 also applies.

Points will only be credited for invoice amounts for sales of himolla upholstered furniture generated on or after 15 April 2024. No points will be retroactively credited for invoice amounts generated before 15 April 2024. The Amazon points collected up to 15 April 2024 can be sent in up to 31 December 2024.

Orders from furniture stores that have not yet given official approval to participate in himolla prime by 15 April 2024 are only eligible to participate as of the approval date. In this case, retroactive accounting on 15 April 2024 is not possible.

2.2 Points expiry, reclaiming points

Points collected in a calendar year must be redeemed within 36 months of being credited. Any points that have not been redeemed by then will expire. Delivery processing can take place after 36 months, however. Points that have already been credited will be cancelled if the purchase of a himolla product included in the reported turnover is rescinded (e.g. contract cancellation, rescission, withdrawal, exchange) as well as in the event of false entries and misuse. If, in such a case, points that are subsequently cancelled have already been redeemed for a reward, subsequent claims for points credit from himolla Polstermöbel GmbH will not be taken into account until the number of points cancelled has been reached.

3. Points account and points balance

The points balance will be displayed to the participant in the rewards shop. It can only be seen by a user registered as a participant with the appropriate authorisation. Objections to the accuracy or completeness of the points balance must be made by e-mail to the participant’s specified contact person within one month of the points being shown on the participant’s points account. Later objections will not be taken into account. Points may not be transferred to other participant accounts or carried over beyond the 36th month after being credited.

You will be automatically informed of your points balance and the defined expiry date at regular intervals by e-mail to the e-mail address listed in your account.

4. Redeeming points

4.1 General information

Every participant whose points account has a corresponding credit balance is entitled to a reward, whereby only users registered as participants with corresponding authorisation can redeem points. If a points account does not contain sufficient points for a selected reward, additional payments can be made as an alternative. Points earned cannot be paid out in cash. Points can only be redeemed online in the rewards shop www.himolla-prime.com (login required). The rewards listed here can be ordered for the points values stated in each case, subject to errors, misprints and changes. Rewards will be offered while stocks last. If a reward is no longer available or no longer available in the desired form (colour, shape, etc.) after an order has been placed, it will not be redeemed and the corresponding points will be credited back to the participant’s account.

4.2 Shipping of rewards

Rewards can only be delivered to participants based in Germany, France, the United Kingdom, and Ireland.

5. Fiscal aspects

The participant is responsible for complying with any tax requirements relating to the rewards. The rewards are not taxed by himolla Polstermöbel GmbH. By registering, the participant declares that they are aware that taxes, duties or other fees may have to be paid when redeeming points. The participant agrees that himolla Polstermöbel GmbH shall in no case be liable for this or have to reimburse the participant for any resulting costs or expenses.

6. Termination

6.1 Termination by the participant

Participation in the rewards programme can be terminated by the participant at any time without notice by sending a notification in text form to the participant’s specified contact person. In this case, any points that have been collected will expire at the time the cancellation takes effect unless they have been redeemed by then.

6.2 Termination by himolla Polstermöbel GmbH

Ordinary termination by himolla Polstermöbel GmbH is only possible subject to three months’ notice from the end of the month with effect for the future. In this case, any points that have been collected shall expire at the time the cancellation by himolla Polstermöbel GmbH takes effect. The customer can redeem any points earned until the cancellation by himolla Polstermöbel GmbH takes effect.

Himolla Polstermöbel GmbH may also terminate the contract with immediate effect for good cause. In this case, the points of the participant concerned will be forfeited with immediate effect without replacement. Such good cause shall be deemed to exist in particular if the participant seriously violates essential conditions for participation, abuses the rewards programme or subsequently loses their eligibility to participate.

7. Discontinuation of the points programme and changes to the conditions for participation

7.1 Termination and amendment of the rewards programme

Himolla Polstermöbel GmbH reserves the right to discontinue, supplement or amend the rewards programme or to replace it with another programme without prior notice, taking due account of the interests of the participants. If the rewards programme is discontinued or replaced, points collected up to the time of the discontinuation or replacement can still be redeemed in accordance with section 4 within three months of the discontinuation or replacement.

7.2 Amendments to the conditions for participation

Himolla Polstermöbel GmbH also reserves the right to amend or supplement these conditions for participation insofar as this is necessary in the interest of simple and secure processing, and in particular to prevent abuse, and participants do not suffer any adverse effects contrary to the principles of good faith. Amendments or supplements to these conditions for participation will be announced by notification in writing. An amendment is deemed to have been approved if participants do not object within one month of notification and thus terminate their participation in the rewards programme. Himolla Polstermöbel GmbH will point out this possibility again separately in the notification of amendment. The current version of the conditions is available at www.himolla-prime.com (login required).

8. Data privacy

The privacy policy of himolla prime applies and is available at https://himolla-prime.com/en/dataprivacy/. By registering for the rewards programme, the participant agrees that their sales data (see section 2.1) will be passed on to the external service provider, namely Goldmarie & Friends GmbH, for the purpose of calculating points. Himolla Polstermöbel GmbH has concluded an order processing agreement with this service provider in accordance with Art. 28 GDPR, § 62 of the German Federal Data Protection Act and ensures that the processed data of the participants is protected by suitable technical and organisational measures and is used exclusively by himolla Polstermöbel GmbH for the purposes of the rewards programme.

9. Miscellaneous

9.1 Applicable law, place of jurisdiction

The law of the Federal Republic of Germany shall apply to the exclusion of the conflict of laws and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction shall be the registered office of himolla Polstermöbel GmbH.

9.2 Severability clause

Should any provision of these conditions for participation be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The same applies if and when a loophole is found in these conditions for participation. In place of the ineffective or unenforceable provision, or to close the loophole, the effective, enforceable and appropriate provision that comes closest in legal and economic terms to what the parties would have wanted economically in accordance with the purpose of the conditions for participation if they had considered this point when agreeing these conditions for participation shall be deemed to have been agreed with retroactive effect.