Terms & Conditions
of participation for the CYBEX Club Membership Program
Table of Contents
I. Scope and eligibility for participation; contractual partner
II. Registration and participation
III. Benefits in the CYBEX Club
IV. CYBEX Club Points; use of benefits
V. Cancellation and termination, amendment of the terms and conditions of participation
I. Scope and eligibility for participation; contractual partner
(1) These terms and conditions of participation regulate your participation in the CYBEX Membership Program (hereinafter also referred to as “CYBEX Club”). The CYBEX Club Membership Program is operated by CYBEX Retail GmbH, Riedingerstrasse 18, 95448 Bayreuth, Germany (hereinafter referred to as “CYBEX”).
(2) Participation in the CYBEX Club is reserved for consumers (in the sense of Section 13 of the German Civil Code [BGB]) who are 18 or older. Participation for commercial or business purposes is prohibited.
(3) By opening the membership account and also thereafter by participating in the CYBEX Club and using benefits (see Clause III), you declare that you have reached the age required in your country to conclude binding contracts and acknowledge these terms and conditions of participation as a binding contract between you and CYBEX.
II. Registration and participation
(1) Participation in the CYBEX Club Membership Program is free of charge for you. There is no legal entitlement to participation.
(2) Your participation in the CYBEX Club Membership Program and the use of the benefits available within the CYBEX Club (see Clause III) by you require the opening of a membership account. The mandatory information requested during registration for the membership account must be truthfully provided. If you also provide optional information, it must also be truthful.
(3) After properly opening the membership account, you will receive confirmation by email to the email address you provided. As a participant (hereinafter also referred to as “CYBEX Club Member”), you are then entitled to participate in the CYBEX Club Membership Program within the framework of these terms and conditions of participation and can claim the benefits available within the CYBEX Club.
(4) The membership account is assigned to you personally and cannot be transferred to another person.
(5) Only one membership account is permitted per person. Multiple registrations by the same person using different access data can result directly in termination of your membership, exclusion from participation in the CYBEX Club Membership Program and deactivation of the accesses concerned.
(6) The benefits available within the CYBEX Club can generally only be used after logging in to the membership account by entering your access data.
III. Benefits in the CYBEX Club
(1) As a CYBEX Club Member, you can take advantage of the benefits currently available within the CYBEX Club. Such advantages can be, for example, awards, discounts, vouchers or gifts, or services such as free delivery or the possibility of participating in event.
(2) The availability of benefits for you as a CYBEX Club Member can depend on various factors, e.g., on promotions for a limited period of time. CYBEX reserves the right to maintain country-specific differences. There may also be a limited availability of benefits in your country at times, especially if and as long as the CYBEX Club Membership Program has not yet been fully rolled out in your country.
Only those benefits are available that are displayed to you within the CYBEX Club (or elsewhere, e.g., in the context of promotions); CYBEX reserves the right to make changes. In the event of temporary restrictions, you may receive a message as soon as the relevant benefits are available to you again.
(3) There is no entitlement to permanent availability of the benefits displayed to you.
(4) Granted awards, discounts, vouchers, gifts and other benefits cannot be transferred to other persons. Payment of benefits in cash is excluded.
IV. CYBEX Club Points; use of benefits
(1) By making purchases in the CYBEX Online Shop and, if applicable, by means of other promotions (e.g., in the context of product registration or by recruiting new CYBEX Club Members in the context of temporary promotions), CYBEX Club Points can be collected pursuant to these terms and conditions of participation.
(2) The number of CYBEX Club Points granted in your country per purchase (or promotion) and the value of a CYBEX Club Point can be found in the current table here.
CYBEX reserves the right to make deviations in your favor from the amounts and values indicated in the table, e. g., in the context of promotions that are valid for a defined period of time; however, there is no entitlement to this.
(3) If vouchers (e.g., gift and discount vouchers) or promotional codes are used during the ordering process or as part of promotions, no CYBEX Club Points will be granted in the amount of the voucher or code value.
(4) For selected promotions, multiple CYBEX Club Points can be awarded. However, it is at the sole discretion of CYBEX whether and how many additional CYBEX Club Points are granted in such special promotions. Please note the details of the respective special promotion in this respect.
(5) The CYBEX Club Points granted as part of a purchase in the CYBEX Online Shop will generally be credited within 45 (forty-five) days of dispatch of the respective order. For other promotions (e.g., after a product registration), CYBEX can, at its own discretion, credit CYBEX Club Points earlier. The current status of the CYBEX Club Points can be viewed within the membership account.
If a purchase is canceled or returned (e.g., due to the exercise of the statutory right of cancellation), regardless of the legal reason, or if a payment run is reversed, the CYBEX Club Points granted for the purchase will be canceled retroactively.
(6) CYBEX Club Points are valid for 12 (twelve) months from the date they are credited on the membership account; they expire automatically at the end of this period. CYBEX is free to grant a longer validity in your favor; however, CYBEX is not obliged to do so.
(7) CYBEX Club Points credited to your membership account can be redeemed by you as a CYBEX Club Member for the use of benefits (see Clause III). The benefits specifically available to you can be found in particular in the information provided within the membership account. The availability of benefits can depend on current promotions and country-specific special features (see Clause III).
(8) Redeeming CYBEX Club Points for receiving discounted products is not permitted.
(9) In the event of misuse of the CYBEX Club Points system, the membership account and/or the benefits claimed, CYBEX shall be entitled to immediately block the membership account and to cancel the CYBEX Club Points concerned and to take back or reclaim the granted benefits.
The same applies in the case of valid indications concerning any such misuse. CYBEX will take your legitimate interests into appropriate account when deciding on a block.
V. Cancellation and termination, amendment of the terms and conditions of participation
(1) Your participation in the CYBEX Club Membership Program can be terminated by you or CYBEX at any time by terminating your membership account. A notice period of 14 (fourteen) calendar days applies. The termination must be made in writing or in text form (e.g., email). Please direct your cancellation to CYBEX Customer Service.
When the termination takes effect, all credited CYBEX Club Points expire, CYBEX will block your membership account and you may no longer claim the benefits of the CYBEX Club.
(2) The right of each party to terminate without notice for good cause remains unaffected.
(3) CYBEX shall also be entitled to suspend, supplement or change the CYBEX Club Membership Program giving a reasonable period of notice if there is good cause without giving a period of notice, taking into appropriate account the legitimate interests of the participants.
(4) CYBEX is entitled to amend these terms and conditions during participation for the CYBEX Club membership program, in particular if this is necessary for technical or legal reasons (e.g., to prevent misuse).
Amendments due to changes in the legal situation or changes that are not detrimental to the participants become effective immediately. Other changes to this contractual relationship shall become effective if CYBEX has informed you of the changes by email and you have not objected to the respective change in text form within 30 (thirty) calendar days of receipt of the email and/or if you continue to participate in the CYBEX Club after this period has expired.
If you object to the amendments, CYBEX may terminate your participation in the CYBEX Club with observance of a reasonable notice period. If CYBEX cannot reasonably be expected to grant a period of notice, CYBEX may terminate your participation without notice in accordance with the above paragraph (2).
VI. Other provisions
(1) The law of the Federal Republic of Germany is deemed to be agreed, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). However, mandatory provisions of the country in which you as a consumer have your habitual residence remain unaffected.
(2) There is no obligation or willingness to participate in dispute resolution proceedings before a consumer arbitration board.
EU Commission online dispute resolution: www.ec.europa.eu/consumers/odr