Armacell GmbH

1. Scope and conditions

1.1 These conditions govern the use of the rewards scheme (www.armacell-premium.com) run by Armacell GmbH (referred to in the following as ‘Armacell’) for the participating insulation contractor (referred to in the following as ‘customer company’).

1.2 The rewards scheme begins on 01.04.2010. The duration of the programme is not limited.

1.3 The Armacell rewards scheme offers all registered participants an attractive range of rewards. Any customer company which is an insulation firm based in Germany, the Netherlands, Belgium or Luxembourg and has both a valid email address and a delivery address in Germany (without Helgoland), the Netherlands, Belgium or Luxembourg can participate.

Wholesalers and resellers are excluded from participation.

There is no legal right to participation in Armacell’s rewards scheme. Rewards are only sent to the company headquarters of the participating company. It is the responsibility of the owner / managing director of the participating company to order and distribute the awards.

1.4 Through the initial registration on Armacell Premium on the website (http://www.armacell-premium.com) (referred to in the following as rewards scheme website) the customer company accepts the conditions for participation and the data privacy statement. All information provided must be accurate and complete.

2. Registering for the rewards scheme; points account

2.1. In order to participate in the rewards scheme, the customer company needs individual access data. This can be requested by filling out the application for membership (registration) at www.armacell-premium.com. Membership only takes effect once the individual access data has been sent. In justified cases, Armacell reserves the right not to send access data, thus preventing membership from taking effect.

2.2 The customer company can register on Armacell’s rewards scheme website and set up a main account with a points account in the name of its authorized representative. If a name other than that of the authorized representative is given in this main account, Armacell may amend the account to show the name of the actual authorized representative. Only the customer company is authorized to administrate the main account and points account. Each customer company may only have one main account. Armacell reserves the right to combine several main accounts to form just one.

2.3 The customer company may grant employees the opportunity to participate in the rewards scheme, with effect for and against their company. For this purpose, a subaccount is added to the main account. The subaccounts (collective company accounts) do not have their own individually administrated points accounts but are assigned to the points account of the main account. Actions of these employees therefore have a direct impact on the points account of the customer company.

2.4 The customer company and its employees are responsible for ensuring that passwords are not passed on to unauthorized persons. If the customer company has grounds for believing that an unauthorized third party has become privy to the personal access data, the customer company must inform Armacell at once and immediately change its password.

3. Bonus points; information about the points balance

3.1 The customer company can gain iBonus points on all products participating in the rewards scheme. Initially, the Armacell rewards scheme is restricted to the markets in Germany (without Helgoland), the Netherlands, Belgium and Luxembourg.

3.2 The number of iBonus points and the type and scope of product eligible for credit for the duration of the rewards scheme are given in the product and points list. The current version of this list can be viewed at any time on the rewards scheme website. Armacell reserves the right to make changes to the list at any time. Armacell will announce on its rewards scheme website any products to be deleted or added or changes to be made to the points on the product list giving at least one month’s notice. Armacell is authorized to amend incorrect entries at any time.

3.3 In order to have iBonus points credited to its account, the customer company must log in to the rewards scheme website and enter the bonus code to be found on each carton of the item bought. Each participating item has a bonus code in the form of a bar code and a number on the carton label. After the bonus code has been entered, iBonus points are credited to the points account in accordance with the list valid at the time. The customer company does not have a legal right to points being credited if there is an error in the number of points in the list. The customer company can view its current points balance at any time via its account. Objections to the completeness and accuracy of the points balance must be made in writing to Armacell GmbH within one month. Failing to raise an objection within this period implies acceptance of the points balance.

3.4 In order to promote individual products (‘promoted products’) Armacell can for a short period issue additional iBonus points (‘promotion points’). Promoted products, promotion points, requirements and the promotion period are announced on the rewards scheme website or directly by email to individual customers. Unless otherwise specified on the rewards scheme website, promotion points are only awarded if the bonus code for promoted products is entered within the relevant promotion period. Once the promotion period has ended, it is not possible to receive promotion points for the products concerned by entering the bonus code, even if these products were bought within the promotion period. Credited promotion points are treated in the same way as normal iBonus points.

3.5 The customer company is not permitted to enter bonus codes to receive iBonus points for listed products which were not purchased by the customer company itself and intended for its own use (e.g. a bonus code which fell off or was removed or written down from the packaging of a product not purchased by the customer company). If this prohibition is breached, Armacell is entitled to exclude the customer company in question according to § 7 and/or to cancel previously awarded points.

3.6 The bonus code of any article may only be entered in accordance with the number of units of packaging /cartons delivered for the purpose of gaining iBonus points. Armacell reserves the right to require proof of purchase (invoice) for the product in question. Only when proof of purchase has been presented will iBonus points finally be awarded. iBonus points for which no proof of purchase is presented cannot be credited to the points account. 

3.7 Neither the iBonus points balance nor any other claims of the customer company can be transferred to a third party.

4. Redemption and expiry of collected bonus points; taxes on rewards

4.1 Collected points can be redeemed in the Internet rewards shop of the rewards scheme which can be accessed via the rewards scheme website.

4.2 The number of points required is stated for each of the rewards available in the reward shop. A reward can only be requested when the customer company’s points account shows at least the number of points stated for this reward. Once the reward has been requested, Armacell deducts the appropriate number of iBonus points automatically from the customer company’s points account.

4.3. The rewards offered in the reward shop can only be requested subject to availability. The customer company does not have a legal right to be sent a certain reward. Any information concerning delivery times is non-binding. If, in exceptional cases, the requested reward cannot be supplied, the points required will not be deducted from the customer company’s points account. If the points have already been deducted, they will be re-credited to the points account. The customer company will be informed that the reward requested is not available.

4.4 One point is equivalent to €0.01; or, in other words, 100 points are equivalent to €1

4.5 iBonus points can only be redeemed for rewards. Points cannot be exchanged for cash.

4.6 Rewards can only be delivered to addresses in Germany (without Helgoland), the Netherlands, Belgium or Luxembourg.

4.7 Unredeemed points expire 36 months after they were first credited to the points account, at the end of the respective quarter. The customer company is informed of this via email one month beforehand.

4.8. Once a reward has been redeemed it cannot be changed back into points – or exchanged for another reward.

Armacell does not send any rewards on approval. The participant must check that the goods received are complete and free of defects immediately upon arrival and inform the dispatcher (Armacell rewards shop operator) of any claims in writing within one week.

4.9. Rewards from customer loyalty schemes represent a non-cash benefit and as such must be taxed. The customer company is liable for taxation. Armacell will provide information to the tax authorities if requested to do so.

5. Updating the customer company’s details

The customer company undertakes to report any changes to the data given at the time of registration without being requested to do so. If the customer company fails to do this, Armacell can refuse it access to its account, and thus to the opportunity to redeem points, until the details have been updated.

6. Termination; exclusion from the rewards scheme

6.1 The customer company can terminate its participation in the rewards scheme at any time in writing; Armacell must give two weeks notice to the end of a month in the event of a written ordinary termination. The right of either party to terminate with immediate effect remains unaffected.

6.2 In the event of an ordinary termination by the customer company or Armacell, the customer company can redeem the points collected in its points account up to six months after the termination was received. After this time the points in the points account expire without any replacement. Any earlier expiry of points remains unaffected. No further claims exist.

6.3 In the event of a serious breach of the conditions for participation, Armacell reserves the right to exclude the customer company and/or its employees from participating in the rewards scheme in writing without further notice. A serious breach of the conditions of participation has been committed if, for example, the customer company

• registers for the reward scheme although it is not entitled to participate (see 1.3),
• gives false information when registering for the rewards scheme or updating its data (see 1.4, 5.),
• breaches point 3.

If the customer company is excluded from the rewards scheme for one of the above-mentioned reasons, the points collected in its points account expire immediately as soon as the written termination is received. The customer company does not have any claim for compensation.

6.4 If a customer company was excluded from the rewards scheme, it is considered to be ineligible to participate in the event of renewed registration for the rewards scheme.

6.5 Other claims of Armacell against the customer company due to breaches of the conditions for participation remain unaffected by the above-mentioned arrangements.

7. Temporary closure of an account

If there is cause to suspect that the customer company’s main account and/or subaccount is being used to breach the conditions for participation or commit an offence, Armacell reserves the right to temporarily deny access to the account in question until the matter has been clarified. During this period the participant cannot access the account; in particular he cannot collect or redeem points. The customer company is informed about the closure of the account.

8. Cessation of or changes to the reward scheme and the conditions for participation

8.1 Armacell reserves the right to cease operation of the reward scheme at any time either entirely or partially or, whilst giving appropriate notice and maintaining the interests of the customer company, to add to or replace it with another customer loyalty scheme. Furthermore, Armacell reserves the right, under these conditions, to make amendments or additions to the conditions for participation.

8.2 In these cases, an announcement will be made on the rewards scheme website. In addition, the customer companies will be notified in writing. Changes are considered to have been accepted if the customer company does not raise an objection within 6 weeks or continue to use the main account and/or subaccount to obtain points. Armacell gives notification of these consequences in writing.

8.3 After the rewards system has ended, no further entries can be made and no points can be credited. Points which have already been collected must be redeemed within six months after the rewards scheme has ceased, otherwise they expire without replacement.

8.4 If conducting the rewards system, or a part thereof, which is regulated in these conditions for participation, proves to be prohibited, Armacell can cease to operate the rewards system in whole or part immediately without giving prior notice. In this event, the customer company is not entitled to any claims against Armacell due to the cessation of the rewards system or a part thereof.

9. Liability and warranty

Where participants suffer damage in connection with participation in the Armacell rewards scheme in cases of intent or gross negligence on the part of Armacell or a vicarious agent and where a guarantee is given, liability is unrestricted. Liability for damage to life, body and health in cases of minor negligence is also unrestricted. Where in the case of minor negligence essential contractual obligations (cardinal obligations) are infringed, liability is restricted to material and financial loss to the extent of the foreseeable, typical loss. Any further liability for damage is excluded with the exception of claims for statutory product liability reasons.

10. Data protection
Personal data associated with participation is processed and used in accordance with the valid data protection regulations for purposes which serve the execution of the scheme. At the latest when registering at www.armacell-premium the participant consents to the storage and use of his personal data to the extent that this is necessary for handling participation.

11. Final provisions

11.1 The legal relationship regulated by these conditions for participation is subject exclusively to German law to the exclusion of the UN Purchase Right.

11.2 Place of jurisdiction for any disputes in connection with the rewards scheme is Münster.

11.3 Should individual clauses of the preceding conditions have no effect or cease to be effective or be null and void, either in whole or part, the remaining conditions remain unaffected. The provision shall be replaced by a provision which is, from an economic point of view, closest to the provision which has no effect. The same applies for any loopholes which may exist in the provisions.