Terms and Conditions Birthday Special

Terms and Conditions Customer Referral Campaign "Birthday Special"

 

§ 1 General

(1) The following terms and conditions apply to the "Birthday Special" campaign organized by Optionata GmbH (hereinafter referred to as "provider") online via the website https://www.optionata.com/ or the brevo newsletter, within which registered existing customers of the provider can receive rewards in the form of a 10% credit for acquiring new customers under the conditions described below. 

(2) Other contractual relationships and the related regulations between the provider and the referrer, such as general terms and conditions, remain unaffected and apply in addition to these terms and conditions.

(3) No brokerage relationship, in particular no agent and/or employment relationship, is established between the referrer and the provider through the acquisition of new customers. Furthermore, the referrer is not authorized to accept or make legally binding declarations on behalf of and for the account of the provider.

 

§ 2 Definitions

(1) A "referrer" is a registered existing customer in the provider's online shop at https://www.optionata.com/ according to paragraph 3 below, who recommends the provider's products/services to new customers as defined in paragraph 2 below in accordance with § 4 of these terms and conditions.

(2) “New customers” are private individuals who place a first order in the provider's online shop at https://www.optionata.com/ based on the recommendation of the referrer in accordance with § 4 paragraph 6 of these terms and conditions. New customers must not be existing customers according to paragraph 3 below.

(3) “Existing customers” are understood to be those customers of the provider who have already placed at least one order in the participating online shop or through the partner company Chrono24 GmbH.

 

§ 3 Eligibility to Participate

(1) Every natural person who is a consumer within the meaning of § 13 BGB is generally entitled to participate in the customer referral campaign “Birthday Special” as a referrer. The referrer must have reached the age of 18 and be fully legally competent at the time of registration for the campaign and thus also at the time of recruiting new customers. 

(2) The new customer must be a consumer according to § 13 BGB and must have reached the age of 18. 

(3) Employees of the provider are excluded from participation. They may neither be referrers nor new customers within the meaning of the participation conditions.

 

§ 4 Registration and Procedure

(1) Every existing customer can register as a referrer for the customer referral campaign “Birthday Special” or report the referral.

(2) Confirmation of the registration and referral of a new customer is made within 3 days in text form (e.g., by email) by the provider. If the referrer does not receive a corresponding message, the referral of the new customer was not successful.  

(3) If the registration for the customer referral campaign “Birthday Special” was successful according to paragraph 2 above, the referrer receives 10% of the sales value of the referred watch in the Optionata watch shop for a successful contract conclusion between the provider and the new customer. 

(4) The validity period of the "Birthday Special" promotion is limited to 3 months.  

(5) The referrer recruits a new customer by mediating a successful contract conclusion between the provider and the new customer. 

(6) The prerequisite for receiving the 10% bonus by the existing customer is that the new customer is not yet registered as an existing customer in the provider's online shop at https://www.optionata.com/ or has not yet placed an order with the provider via the partner company Chrono24 through the respective online shop.

 

§ 5 Bonus

(1) The referrer receives, subject to the conditions set out in these terms of participation, a voucher worth 10% of the sales value of the order for up to three successfully mediated contracts concluded via the provider's online shop https://www.optionata.com/. A contract is considered successful if a valid purchase contract for at least one product has been concluded between the provider and the new customer, the new customer has paid the due payments, and neither the new customer nor the provider has canceled the order or reversed it due to other legal regulations. The referrer will be implicitly informed of this by email as part of the transmission of the 10% bonus according to paragraph 2 below. 

(2) The 10% bonus will be notified to the referrer by email to the email address stored in the system and transferred to the referrer's account within 12 weeks. After this period, the bonus expires. The prerequisite is that the referrer promptly provides the provider with their bank details.

(3) The 10% bonus is personal and can only be redeemed by the referrer. The referral bonus is non-transferable. The referrer is prohibited from distributing the referral bonus commercially or for commercial purposes.

 

§ 6 Term

The promotion begins on 17.05.2025 and ends on 17.08.2025.

 

§ 7 Early Termination

(1) Participation in the customer referral promotion “Birthday Special” is voluntary. No costs arise in this context. 

(2) The referrer receives confirmation by email for a successful referral. After payment of the referral bonus, the referrer is no longer entitled to redeem a reward according to § 5 of these terms and conditions. 

(3) Termination of participation in the customer referral promotion “Birthday Special” does not result in the deletion of the referrer's customer account. The referrer is obliged to separately notify the provider of the desire to delete the customer account by appropriate communication. Otherwise, reference is made to § 9 of these terms and conditions. 

(4) Furthermore, the provider is entitled to terminate or cancel the customer referral promotion “Birthday Special” at any time without prior notice and without giving reasons. This applies in particular if a proper execution of the promotion cannot be ensured for technical or legal reasons or if a significant number of referrers violate the terms and conditions in a special way.

(5) Upon termination of the customer referral promotion “Birthday Special” by the provider, all generated referrals lose their validity. 

(6) The receipt of the 10% referral bonus according to § 5 of these terms and conditions is no longer possible for the referrer after the end of the promotion by the provider. Unless the referrer provides proof that the recommendation of the new customer took place before the end of the promotion and the promotion was not yet ended at the time the new customer's order was received. In this case, the referrer is entitled, under the conditions of § 5 paragraph 1 of these terms and conditions, to claim a 10% referral bonus of the sales value from the provider according to these conditions.

 

§ 8 Participant Exclusion

(1) The provider is entitled to exclude the referrer from the customer referral campaign “Birthday Special” in the event of abuse attributable to them. In this context, the provider may refuse, fully deny, or reclaim the payment of the 10% referral bonus through legal claims. 

(2) Abuse of the campaign particularly occurs if the referrer uses the customer referral campaign “Birthday Special” in breach of contract not as a consumer but as an entrepreneur or for commercial purposes. The same applies if the referrer violates the obligations of these terms and conditions or uses unfair methods in recruiting new customers, such as misleading, harassing, or comparable impermissible advertising. Abuse also occurs if the referrer exerts impermissible pressure on new customers in any form to induce them to conclude a contract with the provider in order to secure a value voucher for themselves.

 

§ 9 Data Protection

(1) For the purpose of contract execution, personal data of the new customer such as name, address, email address, and telephone number are collected and stored in accordance with Article 6(1) sentence 1 lit. b GDPR. 

(2) If the referrer unsubscribes from the customer referral campaign “Birthday Special,” the data collected in this context will be deleted.

(3) The provider guarantees compliance with the European General Data Protection Regulation (GDPR). For further information regarding data processing and information on the rights of the data subjects, reference is made to the provider's privacy policy, currently accessible at https://www.optionata.com/pages/datenschutzrichtlinie.

 

§ 10 Final Provisions

German law applies. The provisions of the UN Sales Convention are expressly excluded.