The original German version applies; this translated version is for information purposes only
1. General information about the Zotter Choco Club
Zotter Schokolade GmbH, Bergl 56, 8330 Riegersburg ( in the following referred to as "Zotter") operates the Zotter Choco Club in order to enable its Zotter Choco Club members ( in the following referred to as "members") to collect bonus points in the form of Choco Points when making stationary and/or online purchases and to redeem these points for various rewards specified by Zotter and/or use special offers like promotions, event participations, prize draws or raffles. Zotter also administrates the Choco Points collected by the members during their purchases.
The Zotter Choco Club is further supplemented by the Zotter Choco Club App made available to members by Zotter.
The following terms and conditions of membership apply between Zotter and the members of the Zotter Choco Club and represent the exclusive legal basis for the contractual relationship. Deviating regulations are not recognised by Zotter and therefore do not become part of the contract. The terms and conditions of membership are publicly available at www.zotter.at/en/club. Membership in the Zotter Choco Club is free of charge for members.
2. Requirements for membership in the Zotter Choco Club
a) Every natural person who has reached the age of 18 can participate. Every natural person is entitled to apply for or open a member account. The application or opening of several accounts by the same person is not permitted.
b) The use of the member account or the digital customer card is exclusively permitted by the respective member. Passing on customer data to third parties is prohibited. The member is obliged to keep his/her customer data secret and to change his/her password regularly.
c) Acquired Choco Points may not be transferred to other members or other persons. They are not redeemable for cash.
d) The creation of copies or other duplication (screenshot, printing) of the digital customer card is prohibited.
e) There is no legal claim to membership in the Zotter Choco Club, to the granting of advantages and/or other rewards, benefits or discounts. Of course, there is also no legal claim to participation in any prize draws or raffles.
f) Membership can be applied for either directly on site at the Zotter Experience World of Zotter Schokolade GmbH in Bergl 56, 8330 Riegersburg, or on the Zotter website www.zotter.at/en/club or via the Zotter Choco Club App. By applying for membership, the member accepts these terms and conditions of membership and agrees to immediately notify Zotter in written form by postal mail or e-mail of any changes to the data provided completely and correctly when applying for membership. Alternatively, the member can update his/her data himself/herself in the Zotter Choco Club App in his/her personal member account.
g) A possible change of the customer data in the Zotter Online Shop user account does not, however, result in an automatic transfer of this data in the personal member account of the Zotter Choco Club, as this data is managed separately.
h) After receipt of the application, it will be checked by Zotter and the member will receive a link by e-mail, which has to be clicked in order to activate the registration as a member. The access to an own e-mail address named by the member is therefore necessary for the participation in the Zotter Choco Club. With the activation the member gets access to his personal online member account and to his personal digital customer card.
i) Zotter reserves the right to exclude the member from the Zotter Choco Club in case of violation of these terms and conditions of membership. Should several membership accounts be opened by one person, Zotter reserves the right to merge several membership accounts of one person including the transfer of Choco Points as well as any necessary removals within the administration of customer data.
3. Online membership account and digital customer card
a) After activation of the membership in the Zotter Choco Club, the member receives access to a digital customer card in his online membership account, which he/she can use to collect and redeem Choco Points. The customer card and the Choco Points linked to it are shown in the member's personal online member account, within the Zotter Choco Club App, as well as in the member's zotter.at online shop user account.
b) The acquisition of Choco Points is linked to the use of the digital customer card. Goods and/or services that can be purchased via the zotter.at online shop user account or in the Zotter Experience World in Bergl within the framework of the Zotter Choco Club are linked to the digital customer card and the online member account respectively via the member's e-mail address.
c) The member is obliged to inform Zotter immediately about the theft, loss of access or suspected misuse of his digital customer card and Zotter will take the appropriate measures (e.g. block the account, issue a replacement card). Zotter is not liable for damages resulting from a failure to notify Zotter or a delay in notifying Zotter insofar as these damages are due to the member's contributory negligence. Zotter is also not liable for any damages that the member may incur and/or have incurred due to behaviour contrary to his duties.
d) For its part, Zotter is entitled to block the member's account in case of a concrete suspicion of abuse and/or to exclude the member due to a violation of the terms and conditions of membership.
4. When and how are Choco Points earned?
a) The member can collect Choco Points both when shopping in the zotter.at Online Shop and when using the digital customer card when shopping in the Zotter Experience World in Bergl.
b) In order to collect Choco Points in the zotter.at online shop, the member has to provide the same e-mail address during the checkout process that he/she used for the registration in the Zotter Choco Club. Persons who are not yet members according to point 2. of these terms and conditions of membership can submit a registration application immediately before completing the order (before clicking on "place order now") by agreeing to these terms and conditions of membership and the data privacy policy. In this case, registration takes place via the e-mail address provided in the order process, to which the person receives an e-mail message in accordance with point 2. f) to activate their membership. The retrospective attribution of Choco Points after the completion of a zotter.at online shop order is only possible if the member contacts Zotter by e-mail within one week after the order confirmation has been sent and asks Zotter for the retrospective attribution in the form of preliminary Choco Points according to point 4. c).
c) When purchasing in the zotter.at online shop, the member will be credited with "preliminary Choco Points". Preliminary Choco Points are bonus points for purchases made less than 28 days ago and cannot be used for redemption for the time being. After the 28 days have passed, the preliminary Choco Points are automatically converted into redeemable Choco Points. The Zotter Choco Club App only displays the redeemable Choco Points. The status of preliminary as well as redeemable Choco Points can be found in the member's zotter.at online shop user account and can also be requested by e-mail if required.
d) In order to collect Choco Points in the Zotter Experience World in Bergl, the member must present his/her digital customer card in the Zotter Choco Club App or in the zotter.at Online Shop user account before the payment process. The retrospective attribution of Choco Points after the completion of a purchase transaction is only possible if the member contacts Zotter within one week after the purchase by e-mail including proof of purchase (photo/scan of the original invoice) and asks Zotter for the retrospective attribution in the form of redeemable Choco Points.
e) Zotter defines the scope of its rewards and special offers within the framework of the Zotter Choco Club at its own discretion and explicitly reserves the right to change, restrict or discontinue them. The special offers currently include, for example, the issuing of discounts, credits and promotions on certain products or product groups, as well as the advertising of goods and services, among other things to promote sales by e-mail and app notification.
f) Zotter informs its members by e-mail, app notification and app message (news and promotions) to promote products and services. The member can object to the sending of electronic mail for advertising purposes at any time by sending an e-mail to Zotter with the subject "Unsubscribe Choco Club E-Mails".
5. How can Choco Points be redeemed?
a) The collected Choco Points can be redeemed for various rewards and the granting of further benefits by using the zotter.at online shop user account or by presenting the digital customer card in the Zotter chocolate shop.
b) Choco Points can only be redeemed as long as the stock of rewards lasts or until the expiry of a certain special offer.
c) Zotter reserves the right to refuse redemption of Choco Points on certain rewards or special offers to a member, for example if the member is in default of payment or has violated essential contractual obligations according to these terms and conditions of membership (e.g. in case of misuse of the digital customer card) or conditions of the reward or special offer.
d) Choco Points collected by the member through purchases in the zotter.at online shop or in the Zotter Experience World in Bergl can in general be redeemed without any expiry date or time limit for the currently offered rewards and other special offers, which may be limited in time. Special regulations regarding the expiry of Choco Points apply in the event of the discontinuation of the Zotter Choco Club according to point 8. and in the event of a termination of membership according to point 6. of these terms and conditions of membership.
e) Should it be necessary, due to a revocation of a contract concluded with the member, to adjust the Choco Points already granted based on the contract concerned, Zotter reserves the right to carry out any cancellations of granted Choco Points accordingly.
f) Every member can check his Choco Points balance in his personal member account in the Zotter Choco Club App, as well as in the zotter.at online shop user account. If required, the Choco Points balance can also be requested by e-mail. Any objections to the correctness of the points balance must be communicated to Zotter within a period of three months in written form to the address mentioned in point 1. or by e-mail schokolade@zotter.at.
6. Termination of membership
a) The member can terminate the membership in the Zotter Choco Club at any time without giving reasons and without observing a period of notice. This has to be communicated to Zotter in written form, by postal mail or by e-mail. Choco Points lose their validity as of the receipt of the termination and cannot be redeemed in cash.
b) Zotter has the right to terminate a member's participation in the Zotter Choco Club with three months' notice. Choco Points can be collected and redeemed until the end of this period, after which they become invalid and cannot be redeemed in cash.
c) Zotter can extraordinarily terminate a member's participation in the Zotter Choco Club at any time for substantial reason. An extraordinary reason is in particular a serious violation of these terms and conditions of membership, such as misuse of the digital customer card, as well as culpable false statements, harassing or damaging behaviour towards employees or customers of Zotter. In the event of such an extraordinary termination, the member can no longer redeem Choco Points already collected and cannot collect any further Choco Points.
d) In the event of a serious violation of these terms and conditions of membership for which the member is responsible or misuse of the digital customer card, Zotter reserves the right to claim compensation for all damages incurred.
7. Data protection
a) These terms and conditions of membership summarise the essential points regarding data protection within the framework of the Zotter Choco Club. For detailed information on data protection, please refer to Zotter's separate data protection statement, which can be requested by post at the address given under point 1 and by e-mail schokolade@zotter.at, as well as being available at www.zotter.at/datenschutz.
b) Unless explicitly stated otherwise, Zotter is the responsible party in the sense of Art. 26 GDPR. Zotter is at the disposal of the member and other data subjects for data protection-related enquiries in connection with the Zotter Choco Club. The member can assert his rights under the DSGVO against Zotter in written form, by e-mail and by postal mail.
c) Zotter's data protection officer is available for enquiries and requests concerning data protection in the Zotter Choco Club and can be reached by e-mail and by postal mail at Zotter's stated address.
d) The following personal data are processed by Zotter for communication and sending of information and offers: Name, e-mail address, date of birth (if provided by the member). The technical system partner on whose infrastructure the personal data of Zotter are processed is Jolioo Technologies GmbH, St. Peter Gürtel 10a, 8042 Graz. The legal basis for the processing of personal data is Art. 6 para. 1 lit. a and f GDPR (consent and legitimate interest). Consent is given via the registration application in the Zotter Choco Club App, on the Zotter website (www.zotter.at/en/club) or in the Zotter Experience World of Zotter Schokolade GmbH in Bergl 56, 8330 Riegersburg. This consent can be revoked by sending an informal e-mail.
e) The member may revoke his/her consent to the processing of personal data at any time. The revocation shall only take effect for the future. Processing that took place before the revocation remains unaffected by this.
8. Discontinuation of the Zotter Choco Club
Zotter reserves the right to discontinue the Zotter Choco Club without giving reasons or to replace it with another equivalent programme. The member will be informed in written form by e-mail about the discontinuation or the replacement of the Zotter Choco Club. The member can collect and redeem Choco Points until the Zotter Choco Club is discontinued.
9. Miscellaneous
Zotter does not guarantee uninterrupted availability of the Zotter Choco Club. In particular, technical faults, maintenance, force majeure etc. may lead to an interruption of availability.
10. Applicable law
Provided that there are no mandatory legal provisions to the contrary, the applicability of Austrian substantive law is agreed to the exclusion of the rules of international private law and the UN Convention on Contracts for the International Sale of Goods as well as all provisions relating to the UN Convention on Contracts for the International Sale of Goods.
11. Severability clause
Should one or more provisions, including these provisions, be or become invalid in whole or in part, or should these terms and conditions of membership contain an unforeseen deficiency, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
