1.1.  The OLYMP Insider programme is a customer loyalty programme applicable to customers of our OLYMP stores and our OLYMP online shop at www.olymp.com.

1.2. The provider of the OLYMP Insider loyalty programme is OLYMP Retail KG, Höpfigheimer Straße 19, 74321 Bietigheim-Bissingen, Germany (hereinafter also referred to as “OLYMP” or “we”):

In addition, the following other companies within the OLYMP Group participate in the OLYMP Insider programme; participants can collect points and redeem benefits with these companies in accordance with these terms and conditions:

• OLYMP Digital KG, Höpfigheimer Straße 19, 74321 Bietigheim-Bissingen, Germany;
• OLYMP Stores KG, Höpfigheimer Straße 19, 74321 Bietigheim-Bissingen, Germany;
• Shirthouse Handels GmbH & Co. KG, Peter-Floridan-Gasse 4/2, 7100 Neusiedl am See, Austria;
• Shirthouse Stores GmbH, Höpfigheimer Straße 19, 74321 Bietigheim-Bissingen, Germany;
• Shirthouse Switzerland GmbH, Fashion Fish, Unit One, Parkstrasse 4, 5012 Schönenwerd, Switzerland.

OLYMP reserves the right to amend or add to the list of participating companies within the OLYMP Group. The list of participating companies can be found on the OLYMP Insider website.

1.3.  Participation is free of charge. Individuals aged 18 or over and resident in the EU, Iceland, Liechtenstein, Norway or Switzerland are eligible to participate. If OLYMP becomes aware that a participant is or was a minor, contrary to this requirement, or is resident outside the EEA or Switzerland, OLYMP is entitled to suspend and delete their customer account with immediate effect. Any points, status benefits and vouchers already earned will lapse in this case.

1.4.  Companies, groups, associations or other organisations that make purchases for commercial purposes or in bulk are excluded from being members. Membership must not be used for resale or for any other commercial purposes. OLYMP employees are excluded from taking part. There is no legal entitlement to participate.

1.5. To take part, you must have a customer account and be registered for the Insider loyalty programme via the online shop or at a participating store or outlet. A valid email address must also be provided. The email address must be kept up to date throughout the membership period and is a necessary condition for participating in the OLYMP Insider programme.

1.6.  The participation agreement is concluded when the participant submits their application to participate by sending the registration form and OLYMP accepts this by activating their OLYMP Insider account. OLYMP will confirm the conclusion of the agreement without delay by email to the email address provided by the participant.

1.7.  The participant is obliged to keep their login details (in particular their email address and password) confidential and to protect them from access by third parties. The participant is responsible for all activities carried out via the customer account – in particular orders and the redemption of bonus points and vouchers. If there is any indication of unauthorised use of the customer account, the participant must inform OLYMP immediately and change their password.

1.8.  Only one Insider Loyalty Programme account may be opened and used per person. The OLYMP Insider Loyalty Programme account, the OLYMP Insider bonus and status points, and the vouchers for redeeming OLYMP Insider bonus and status points are not transferable to third parties.

2.1. Participation in the OLYMP Insider loyalty programme entitles participants to certain exclusive benefits. These are based on the bonus and status points collected.

2.2.  For points to be credited, a participant must either a) identify themselves in-store using their customer number or digital Insider card before completing the payment process, or b) be logged in to the online shop via the relevant customer account registered with the OLYMP Insider programme before completing the payment process. Points are credited automatically in both cases.

2.3.  OLYMP Insiders receive one point for every currency unit spent (or part thereof) on every purchase made in the OLYMP online shop and in retail stores (excluding outlet stores), with these points divided into two types: redeemable bonus points and status points which determine their status level. Participants receive the following number of points per currency unit: 1 EUR = 1 point, 1 CHF = 1 point, 5 PLN = 1 point. For purchases at OLYMP outlets, purchases of 2 EUR, 2 CHF or 10 PLN or more are credited with one bonus point and one status point each. Points are calculated based on the actual purchase value after any discounts have been deducted.

2.4.  Status points: OLYMP Insiders are assigned to different status levels depending on how many status points they have collected. There are three status levels: Insider, Silver and Gold. As their points total increases, participants reach higher status levels with more valuable benefits. OLYMP Insiders are automatically promoted to the relevant status level as soon as the status points are credited; this level remains valid for at least 24 months from that point onwards. Should the status level not be maintained after the 24 months because too many points have expired, the member will be downgraded in accordance with their current level points. Changes to the level conditions (in particular status level thresholds and the benefits associated with the individual levels) are governed by clause 3.7. Status levels already achieved will, in any case, remain valid for the remaining 24-month guarantee period.

2.5.  Bonus points: Accumulated bonus points are credited once a calendar year. Upon crediting, all bonus points accumulated up to that point expire. Reserved bonus points (for example, from purchases for which the return period has not yet expired) are not taken into account. For Silver and Gold status levels, the distribution of bonus points results in the creation of a shopping voucher (Insider loyalty bonus), which may be used for future purchases at OLYMP. Once the validity period has expired, the shopping vouchers lapse without any entitlement to a refund. The relevant validity period is stated on the shopping voucher. Shopping vouchers may not be used to purchase gift vouchers and cannot be applied retrospectively to purchases already made.

2.6.  Details regarding status level thresholds, the conversion of bonus points into shopping vouchers (Insider loyalty bonus) and other benefits can be found on the OLYMP Insider programme website at olymp.com/insider.

2.7.  Orders or purchases made as a guest without a customer account in the online shop, as well as purchases made without logging in at OLYMP stores, cannot be credited. Once the payment process or order has been completed, it is no longer possible to credit points retrospectively.

2.8.  Points are credited 30 days after the invoice date. Until then, they are considered “reserved” within the meaning of clause 2.5 and, in the event of returns or cancellations, may be deducted to the extent of the returned or cancelled items. If a purchase contract is rescinded (cancellation, return, exchange, complaint, etc.), the points credited for the purchase will be deducted from the OLYMP Insider account.

2.9.  There may be promotions where multiple points or points can be earned regardless of the purchase value. These promotions will be announced in good time. The relevant terms and conditions for each promotion will be published separately. There is no entitlement to the running of specific special promotions.

2.10.  The points collected are personal and cannot be transferred to another person or another member.

2.11.  The collection of points and redemption of benefits is limited to participating stores, outlets and the online shop.

2.12.  No points are credited for the purchase of gift cards. If gift cards are used at the time of purchase, the person redeeming them will receive points in accordance with the general terms and conditions.

2.13.  The accumulation of points and the redemption of rewards may be restricted as part of promotional campaigns. The relevant terms and conditions of the promotion apply in such cases.

2.14.  Rewards cannot be paid out in cash and require proof of participation in the loyalty programme.

2.15.  Points are awarded under the OLYMP Insider loyalty programme in accordance with the applicable terms and conditions of participation and subject to OLYMP’s technical and organisational capabilities.

2.16.  Points already earned and vouchers already issued remain unaffected by changes to the programme terms and conditions as set out in clauses 2.4 and 3.7.

3.1.  Participation is for an indefinite period.

3.2.  The contract for participation in the OLYMP Insider loyalty programme is terminated when you opt out of the OLYMP Insider loyalty programme. You may opt out at any time via OLYMP Customer Services (e.g. by emailing [email protected]). Furthermore, every participant, as a consumer, is entitled to the statutory right of withdrawal. Further information on this can be found in clause 9.

3.3.  Furthermore, the contract for participating in the OLYMP Insider loyalty programme is terminated if the participant requests the deletion of their personal data stored by OLYMP in accordance with Article 17 of the EU General Data Protection Regulation.

3.4.  OLYMP is entitled to terminate the participation contract with three months’ notice. Notice of termination must be given in writing (e.g. by email).

3.5.  The right to terminate the contract for cause remains unaffected. For OLYMP, cause is deemed to exist in particular:

3.5.1.  In the event of misuse or repeated breaches of these terms and conditions of participation; OLYMP shall inform the participant of this in advance, giving reasonable notice;

3.5.2.  intentionally incorrect or incomplete information provided by the participant during registration or in the course of the contract’s performance;

3.5.3.  criminal acts committed by the participant against OLYMP, companies affiliated with OLYMP or their employees, insofar as they relate to the programme or its use;

3.5.4.  the existence of compelling legal grounds, in particular provisions relating to sanctions, foreign trade or anti-money laundering legislation, which preclude continued participation.

3.6.  Should a participant fail to accumulate any points within a period of two years from the date of their last purchase, OLYMP is entitled to terminate their membership by deleting their OLYMP Insider account. OLYMP will inform the participant in writing (by email to the most recently registered email address) prior to deletion due to inactivity and grant them a period of six weeks within which they may continue their membership by making a purchase or undertaking any other activity eligible for points. OLYMP will expressly draw attention in the notification to the consequences of the expiry of this period (in particular the expiry of points and status benefits in accordance with clause 3.4). Vouchers already issued remain redeemable in accordance with clause 3.4.

3.7.  Upon termination of membership, all points and status benefits shall lapse. Vouchers already issued may be redeemed within their respective validity periods. In the event of termination due to misuse (clause 3.6), all points, status benefits and vouchers shall lapse immediately.

4.1.  OLYMP may amend or supplement the terms and conditions of participation with future effect. Insofar as an amendment affects points already earned, vouchers already issued or current status periods, it is only permissible if it is necessary due to changed circumstances (e.g. changes in the law, changes to the basis of the contract, technical developments or the prevention of misuse) and the participant is not unreasonably disadvantaged as a result. OLYMP will inform the participant of the changes in writing by email at least six weeks before they are due to come into effect. The changes shall be deemed to have been approved if the participant does not object to OLYMP in writing within the specified period. In every notification of amendment, OLYMP will specifically draw the participant’s attention to their right to object and to the consequences of failing to object. In the event of an objection, the contractual relationship shall continue under the previous terms and conditions. In this case, OLYMP is entitled to terminate the contractual relationship with immediate effect.

4.2.  OLYMP reserves the right to discontinue the loyalty programme in its entirety, subject to six months’ notice. All participants will be informed of this by email. Vouchers that have already been issued will remain valid. Bonus points that have reached the redemption threshold at the time of discontinuation will be issued as vouchers. Clause 2.16 shall remain unaffected.

5.1.  OLYMP shall be liable to the participant in all cases of contractual and non-contractual liability arising from wilful misconduct and gross negligence in accordance with the statutory provisions. In all other cases – unless otherwise provided for below – OLYMP shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper operation of the loyalty programme and on the observance of which the participant may reasonably rely (material contractual obligation). In such cases, liability is limited to compensation for foreseeable damage typical of the contract. In all other cases, OLYMP’s liability is excluded. Liability for damage resulting from injury to life, limb or health remains unaffected by the above limitations of liability.

5.2.  If, as a result of technical faults within OLYMP’s sphere of responsibility, points that have already been credited or vouchers that have been issued are lost, OLYMP shall restore these upon presentation of evidence or on the basis of its own system data; any further compensation shall be governed by the preceding provisions.

This notice provides information on the processing of personal data when participating in the OLYMP Insider loyalty programme.

6.1.  Data controllers: The companies of the OLYMP Group listed in clause 1.2 of the Terms and Conditions of Participation, i.e. OLYMP Retail KG as the operator and the participating companies named therein, are joint data controllers for the OLYMP Insider loyalty programme (hereinafter also referred to collectively as “OLYMP” or “we”). They have set out in an agreement which of them fulfils which data protection obligations. This notice provides information on the processing of personal data when participating in the OLYMP Insider loyalty programme.

6.2. Data provided upon registration and participation

a.  Registration for the OLYMP Insider loyalty programme

To register for the OLYMP Insider loyalty programme, you must first create a customer account with OLYMP. The mandatory details required when registering a customer account are title, first name, surname, street, house number, postcode, town, country and email address. OLYMP processes this basic data for the purposes of registration and the administration of the OLYMP Insider programme.

b. Separate contact details for security purposes

As part of the registration process, separate contact details may be provided for safety purposes – see Article 35(2) of the EU Product Safety Regulation. We will only use these contact details to contact you in the event of a recall or a safety warning.

c.  Collecting, managing and redeeming points

All purchases made by OLYMP Insider participants are reported by the participating companies to OLYMP Retail KG. OLYMP Retail KG manages the personal points account and awards bonus points in the form of shopping vouchers. When a participant redeems a shopping voucher at one of the participating companies, the company in turn reports this to OLYMP Retail KG.

d. Programme information

OLYMP provides participants with information on the running of the programme, e.g. notifications regarding their points balance or additional opportunities to collect and redeem points via email (contractual communications). To this end, OLYMP processes the data provided during registration as well as that arising from the collection and redemption of points.

e.  Further development of the OLYMP Insider loyalty programme

In order to offer the most attractive loyalty programme possible, OLYMP analyses participants’ data for planning purposes in the form of anonymous statistics. To this end, OLYMP may anonymise copies of participants’ data in such a way that the (original) data subject cannot be identified, or can no longer be identified.

f.  Misuse and breaches

OLYMP analyses participants’ data to detect misuse, e.g. breaches of the terms and conditions of participation or attempts at fraud. To this end, OLYMP monitors participants’ behaviour regarding the collection, redemption and use of points in order to identify patterns typically associated with misuse (e.g. the almost simultaneous redemption of points at two locations that are far apart). Where there is concrete suspicion, OLYMP may inform the law enforcement authorities.

g.  Legal basis

The legal bases for all data processing described in sections 2.a. to 2.d. are Article 6(1)(b) of the GDPR (performance of a contract and pre-contractual measures) and, at the same time, Article 6(1)(f) of the GDPR (balancing of interests, based on OLYMP’s interest in the successful and secure operation of the programme). This balancing of interests also forms the legal basis for the data processing described in section 2.e.

6.3.  Retention period: OLYMP retains participants’ data for as long as they remain members of the OLYMP Insider loyalty programme. Following termination of membership (by the participant or by OLYMP), OLYMP retains the data for a further three years after the end of the calendar year in which membership ends, in accordance with the standard limitation period set out in Section 195 of the German Civil Code (BGB). Thereafter, the data will be deleted; however, where commercial or tax law retention periods apply, deletion will only take place once these periods have expired. If OLYMP is required to retain data due to commercial or tax law retention obligations, the retention period begins at the end of the relevant calendar year. The retention period under commercial or tax law is eight years for accounting-related data and six years for other data subject to retention requirements. These periods may be extended by up to three years due to potential tax audits.

6.4.  Rights: Every participant has the right to obtain confirmation as to whether personal data concerning them is being processed; if so, a participant has the right to access this data and the information specified in detail in Article 15(1) of the GDPR. Provided the legal requirements are met, there is a right to the rectification, restriction or erasure of this data, as well as the right to receive from OLYMP, in a structured, commonly used and machine-readable format, the data provided to OLYMP and processed on the basis of consent or for the performance of a contract; a participant may transmit this data to other parties or have it transmitted. Furthermore, a participant has the right to lodge a complaint with a data protection supervisory authority, e.g. the State Commissioner for Data Protection and Freedom of Information in Baden-Württemberg, PO Box 10 29 32, 70025 Stuttgart, https://www.baden-wuerttemberg.datenschutz.de/.

6.5. Data Protection Officer and contact details: Enquiries regarding data protection at OLYMP may be sent to the Data Protection Officer: OLYMP, for the attention of the Data Protection Officer, Höpfigheimer Str. 19, 74321 Bietigheim-Bissingen. Enquiries and comments may also be sent by email to [email protected].

Where OLYMP processes data on the basis of a balancing of interests, you have the right to object provided the legal requirements are met.

7.1.  This participation agreement is governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the participant has their habitual residence remain unaffected by this choice of law (Article 6(2) of the Rome I Regulation).

7.2.  OLYMP is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

7.3.  Should any individual provisions of these Terms and Conditions of Participation be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by the relevant statutory provision. Amendments and additions to these Terms and Conditions of Participation shall be governed exclusively by clause 3.7.

8.1.  For written statements by the participant (in particular, objections under clause 3.7 or termination under clause 3.2) or for any enquiries regarding the OLYMP Insider loyalty programme, our OLYMP Customer Service team may be contacted at any time:

www.olymp.com/company/kontakt
E-Mail: [email protected]

9.1.  As a consumer, you have a right of withdrawal. Please refer to the following cancellation policy for further details:

Cancellation policy

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date the contract is concluded (registration for the OLYMP Insider loyalty programme).

To exercise your right of withdrawal, you must inform us (OLYMP Retail KG, Höpfigheimer Str. 19, 74321 Bietigheim-Bissingen, Deutschland, phone: 00 800 65967 222, email: [email protected]) by means of a clear statement (e.g. a letter sent by post or an email) informing us of your decision to withdraw from this contract. You can also exercise your right of withdrawal online at www.olymp.com. Our withdrawal button is available for this purpose. You will always find this in the footer of our OLYMP online shop at www.olymp.com, regardless of which page of the shop you are currently on. Our withdrawal button is labelled “Withdraw from contract”. If you use this online function, we will immediately send you, on a durable medium (e.g. by email), a confirmation of receipt containing information on the content of the notice of withdrawal, as well as the date and time of its receipt.

You may use the attached model withdrawal form for this purpose, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send notification of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal
If you withdraw from this contract, we shall refund to you all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this refund.

End of the cancellation policy

If you wish to withdraw from the contract, please complete this form and return it to us.

OLYMP Retail KG
Höpfigheimer Str. 19
74321 Bietigheim-Bissingen
Germany

Phone: 00 800 65967 222
Fax: 00 800 65967 223
Email: [email protected]

I hereby withdraw from the contract I entered into regarding my participation in the OLYMP Insider loyalty programme.

Registered on: __________________________________________________________________________

Customer number: __________________________________________________________________

Consumer’s name: ___________________________________________________________________

Consumer’s address: ________________________________________________________________ _

___________________________ ______________________________________

Consumer’s signature (only for notifications on paper): _______________________

Date: _____________  

9.2.  The right of withdrawal ceases to apply in the case of a contract

9.2.1.  which does not oblige the consumer to pay a price, if the trader has fully performed the service (Section 356(4)(1) of the German Civil Code (BGB)); or

9.2.2.  which obliges the consumer to pay a price, upon the service having been fully performed, if the consumer has, prior to the commencement of the service, - - has expressly agreed that the trader may commence provision of the service before the expiry of the withdrawal period, and - - has confirmed that they are aware that their right of withdrawal expires upon full performance of the contract by the trader (Section 356(4)(2) of the German Civil Code (BGB))

9.3.  Furthermore, the right of withdrawal lapses in the case of contracts for the provision of digital content not stored on a tangible medium under the following conditions as well:

9.3.1.  in the case of a contract which does not oblige the consumer to pay a price, if the trader has commenced performance of the contract,

9.3.2.  in the case of a contract which obliges the consumer to pay a price, if

-  the consumer has expressly agreed that the trader may commence performance of the contract before the expiry of the withdrawal period,

-   the consumer has confirmed their awareness that, by giving their consent as set out in the first indent, their right of withdrawal expires upon the commencement of the performance of the contract, and

-   the trader has provided the consumer with a confirmation in accordance with Section 312f (Section 356(5) of the German Civil Code (BGB)).