Terms and Conditions for Participating in myEppendorf, epPoints^® and the Product Registration

THIS AGREEMENT BETWEEN YOU AND EPPENDORF SE, BARKHAUSENWEG 1, 22339 HAMBURG (HEREINAFTER REFERRED TO AS "EPPENDORF" OR "EPPENDORF SE") REGULATES YOUR USE OF MYEPPENDORF AND ALL RELATED PROGRAMS, SERVICES AND OTHER ACTIVITIES WHICH ARE AVAILABLE USING THE MYEPPENDORF LOGIN OR IN CONNECTION WITH THE MYEPPENDORF ACCOUNT (INDIVIDUALLY AND TOGETHER REFERRED TO HEREINAFTER AS THE "SERVICE" OR "SERVICES". IT IS IMPORTANT FOR YOU TO READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS. WHEN YOU USE THE SERVICE, YOU CONSENT TO THE APPLICATION OF THESE TERMS AND CONDITIONS WHEN YOU ACCESS OR USE THE SERVICE.

Eppendorf SE is the provider of the Service. According to the terms and conditions in this present Agreement, the Service enables customers of Eppendorf SE, their distribution and sales companies and their partners (hereinafter referred to as the "Participants") to use the following described Service of Eppendorf SE.

A. myEppendorf

The use of all Services requires successful registration for myEppendorf. The opening of a myEppendorf account enables Participants to access the own customer profile as well as other Services such as the administration of and access to all product information, product registration, the epPoints^® program, the service portal, the eShop and VisioNize).

1. Participation / registration

1.1 The opening of the account and participation in the Services offered in connection with the account (e.g. epPoints^® and product registration) is free of charge. Prior to setting up the myEppendorf account and using this account for the first time, the Participant declares the Participant's agreement with these Terms and Conditions for Participation.

1.2 As a general rule, all adult, natural persons who are employees of a company or organization which has its headquarters in a country in which Eppendorf products are distributed are entitled to open and use a myEppendorf account. An overview of the qualified countries can be reviewed at www.eppendorf.com/worldwide . The employer must agree to opening the account. The employer must especially also agree to participation in the epPoints^® program and use of premiums also for private purposes. Participation in the epPoints^® program is not possible without the consent of the employer. All employees of Eppendorf SE, including all companies in which Eppendorf SE holds participations, relatives of the employees, as well as employees of authorized Eppendorf dealers and/or distributors are not entitled to participate. Exceptions to participation in the epPoints^® program can be made by Eppendorf SE if needed. Multiple registrations of the same person are not permitted.

1.3 In order to register a myEppendorf account, the Participant enters at www.eppendorf.com/login the Participant's email address and selects a password, taking into account the provisions on passwords set forth there. Eppendorf SE will send the Participant an email with information and a confirmation link. Upon clicking the confirmation link, the Participant activates the Participant's myEppendorf account.

1.4 Eppendorf SE also needs the name and postal address of the Participant for processing the Service. Truthful and complete information is needed for proper processing of the Service. Any changes in the data should be made immediately using the myEppendorf account.

1.5 Participation begins upon complete transmission of the above-referenced information and acceptance by Eppendorf SE. However, Eppendorf SE reserves the right to decide about acceptance or rejection of a registration without stating reasons. There is no claim for participation or admission for participation.

1.6 After being accepted in myEppendorf, the Participant receives an epPoints^® account in which points are credited e.g. when purchasing Eppendorf products (additional rules about epPoints^® can be found in Section B).

1.7 Participants have at all times unrestricted access to their personal data and can correct these data.

2. Password and liability in the case of misuse

2.1 The Participant must make sure that no (unauthorized) third party learns about the Participant's password. If the Participant suspects that a third party is misusing the Participant's password, the Participant must inform Eppendorf SE about this without undue delay. The information must be provided to myeppendorf@eppendorf.de or through the telephone hotline from Monday to Friday in the time from 8:00 hours – 17:00 hours (CET) at + 49 (1803) 666789. Liability of Eppendorf SE is excluded for damages resulting from misuse of the password by unauthorized third parties.

This exclusion does not apply

• for damages which Eppendorf SE has intentionally or grossly negligently caused;
• in the case of minor negligence, for damages which are based on injury to life, physical integrity or health as well as damages which are based on a violation by Eppendorf SE of essential contractual duties.
  

2.2 In the case of negligent violation of essential contractual duties, the liability of Eppendorf SE is limited to the typical harm foreseeable for Eppendorf SE under the contract, except in the case of injury to life, physical integrity or health. The above exclusions and limits on liability also apply for the liability of Eppendorf SE for its board members, employees and agents for purposes of performance [Erfüllungsgehilfen] as well as the personal liability of board members, employees and agents of Eppendorf SE for purposes of performance. The above exclusions and limits on liability do not apply to the extent there is liability for personal injury or property damage under mandatory provisions in applicable product liability law.
If the Participant can no longer remember the Participant's password, the Participant can report this at the telephone number +49 (1803) 666 789 (Monday to Friday 8:00 hours – 17:00 hours CET) or through the email address myeppendorf@eppendorf.de and obtain a new password after a security check.

3. Termination of the account

3.1 The myEppendorf account can be independently terminated at any time with immediate effect. In order to do so, the Participant logs in to www.eppendorf.com and goes to myEppendorf > My Profile > Deactivate Account.

Upon the activation of the account, the customer loses access to all Services and data in the account. Upon expiration of a 14 day cancellation period, the myEppendorf account including all data, e.g. epPoints^® or registered products, will be deleted.

3.2 Eppendorf SE can give regular notice of termination of the account by complying with a notice period of two weeks. The notice of termination will be in writing (initially by email).

The complete deletion of the Participant's myEppendorf account will occur only after all points of the epPoints^® balance have been cashed in, but at the latest upon expiration of 4 weeks calculated starting on the date of the notice of termination by Eppendorf SE. The Participant, of course, is free to demand the cancellation of the Participant's bonus balance prior to the expiration of the 4 week period.

3.3 In addition, Eppendorf SE can terminate use with immediate effect for just cause [wichtiger Grund]. Such grounds giving a right to terminate exist especially if the Participant

• violates the Terms and Conditions for Participation, the rules for premiums or other contractual terms and conditions;
• provides false information, or
• shows no activity within 12 months after registration.

The notice of termination will be given in writing (in advance by email).

3.4 In the case of immediate notice of termination in the account by Eppendorf SE for just cause in accordance with Clause
3.3, the epPoints^® acquired up to that point in time are forfeited without any claim for compensation. The forfeiture occurs upon receipt of the notice of termination at the Participant. In addition, all registered products will be deregistered. The Participants accounts will already be blocked prior to sending the notice of termination.

4. Change in the Terms and Conditions for Participation

Eppendorf SE also reserves the right to make changes or additions to the Terms and Conditions for Participation at any time. Changes will be announced by email. The changes are deemed to have been approved if a Participants continues to use the Participant's Eppendorf account and has not submitted a written objection within one month after the announcement; the objection will result in deactivation of the myEppendorf account. Eppendorf SE will instruct the Participant about the above-described consequences of the Participant's behavior with regard to the legal approval together with the notification about the change/addition to the Terms and Conditions for Participation.

5. Data protection

5.1 The applicable provisions on data protection law will be complied with in the use of myEppendorf. The General Data Protection Statement of Eppendorf SE applies: https://corporate.eppendorf.com/en/legal-notice-privacy-policy/privacy-statement/ .

5.2 The collection, processing and use of personal data takes place only to the extent permitted by the applicable legal provisions or if Eppendorf SE has a corresponding consent from the Participant. The Participant issues such a consent upon registration when accepting these Terms and Conditions for Participation.

5.3 A disclosure of the personal address data will take place only to the shippers of premiums as well as in the event that the Service expressly requested by the Participant requires a disclosure of the Participant's data. Any disclosure of data processed for advertising and market research purposes will be exclusively in anonymized form.

6. Liability

In addition to the liability of Eppendorf SE set forth in Section A. Clause 2, the following generally applies for the liability of Eppendorf SE, whereby the provision in Section B. Clause 5.5 must be referred to with regard to liability for defects in the substance of an item and legal defects.

6.1 In the case of loss of data, the liability of Eppendorf SE is limited to the costs for reproducing the data on the basis of a back-up copy of the data, without regard to whether such a copy exists or not. Therefore, the Participant should regularly produce back-up copies.

6.2 Eppendorf SE is not liable for the security of data sent through the internet, unless Eppendorf SE can be accused of intentional or grossly negligent misconduct; especially no liability can be assumed with regard to unauthorized third parties gaining access to or obtaining such data. Despite high technical standards, there can be no guarantee about an absolutely secure connection.

6.3 In all other cases which are not covered by Clauses 2., 6.2 or 6.3 and subject to provisions otherwise in the Terms and Conditions for Participation, the liability of Eppendorf SE for damages, regardless of their nature, is excluded. This exclusion does not apply for damages which Eppendorf has intentionally or grossly negligently caused; in cases of minor negligence, the exclusion of liability does not apply for damages based on injury to life, physical integrity or health as well as damages which are based on a violation by Eppendorf SE of essential contractual duties. In cases of negligent violation of essential contractual duties, the liability of Eppendorf SE is limited to the typical damages under the contract which are foreseeable for Eppendorf SE, except for harm to life, physical integrity or health.

6.4 The above exclusions and limits on liability also apply for liability of Eppendorf SE for its board members, employees and agents for purposes of performance as well as the personal liability of the board members, employees and agents of Eppendorf SE for purposes of performance.

6.5 The above exclusions and limits on liability do not apply to the extent there is liability for personal injury or property damage under mandatory provisions in applicable product liability law.

7. Applicable law / use of third parties / jurisdiction

7.1 The contractual relationship is subject to German law. German law applies with exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) also in the case of orders from foreign countries. If one of these Terms and Conditions for Participation is or becomes invalid or unenforceable, the other terms and conditions continue to apply.

7.2 Eppendorf SE can use third parties, such as e.g. hotels, travel organizers etc., for fulfilling the premium benefits. When using such premium services, the general terms and conditions of these partner firms additionally apply.

7.3 Jurisdiction is in Hamburg if the Participant is a commercial party. Hamburg is also the place of jurisdiction when the Participant who is not a commercial party has no general place of jurisdiction in Germany or if the Participant moves the Participant's residence or normal place of abode to outside of the Federal Republic of Germany after the Participant has registered for the bonus program or if the Participant's residence or normal place of abode is not known at the time Eppendorf SE files a complaint. Furthermore, Eppendorf SE is entitled to file a complaint against a Participant also at the Participant's place of general jurisdiction.

B. epPoints^®

The epPoints^® bonus program is a Service provided in the context of the myEppendorf account. By participating in the epPoints^® bonus program, the Participant can collect points which can be cashed in with Eppendorf SE in exchange for in-kind premiums by purchasing Eppendorf products from Eppendorf SE, its distribution companies and subsidiaries and its partners who belong to the epPoints^® program or by participating in actions such as contests or opinion polls. Points can be acquired exclusively by only natural persons but not by companies (see also Section A. Clause 1. of the myEppendorf Terms and Conditions for Participation).

1. Applicable texts

The following texts also apply for epPoints^® :

• myEppendorf Terms and Conditions of Participation (A.)
• Data Protection Statement
  

2. Participation

2.1 A myEppendorf account is required for participation. The same provisions apply for participation (see on this point above Section A Clause 1.).

2.2 Eppendorf SE is responsible for administration of the personal epPoints^® accounts of the Participants, including the calculation of epPoints^® as well as providing information about the benefits. epPoints^® are credited in accordance with the following terms set forth in Clauses 4 and 5.

3. Collection of points

3.1 epPoints^® are the unit for calculating the bonus program of Eppendorf SE. The epPoints^® can only be used for the purposes set forth in these Terms and Conditions for Participation, at the epPoints^® website or in other information brochures of Eppendorf SE related to epPoints^® .

3.2 When purchasing Eppendorf products that are part of the epPoints^® program, the Participant receives a certain number of points credited to the digital epPoints^® balance by entering the corresponding code.

3.3 The Participant can additionally collect points from Eppendorf SE by various online activities (participating in promotions, polling and product registration etc.). Such activities are offered in part as permanent activities and in part for a limited time. The Participants are informed on the epPoints^® pages about the type of activities, the respective conditions for participation with regard to the activities and the number of points to be awarded.

3.4 Eppendorf SE reserves the right to limit or expand the grant of epPoints^® , e.g. in special actions.

3.5 In order to receive points, the Participant must have been registered online (see on this point above Clause 2) and have obtained a myEppendorf account. The Participant must make the own bookings to the myEppendorf account. When purchasing an Eppendorf product that is part of the epPoints^® program, a certain points value is booked as a credit to the epPoints account balance by logging into the digital myEppendorf account and using the code which is attached as a sticker to the packaging as well as stating the product. Each points code can only be used once. The epPoints balance is credited in accordance with the requirements in Clause 4.

3.6 Bonus points can also be credited to the Participant's myEppendorf account for other purposes of Eppendorf SE such as e.g. obtaining new customers.

4. epPoints^® account balance

4.1 Points are credited initially subject to a reservation until the respective prerequisites are fulfilled for receiving and crediting the points as determined in detail by Eppendorf SE in connection with the offerings (e.g. received payment upon purchase, not exercising the right to cancel an order, etc.). If it turns out that these prerequisites are not fulfilled (cancellation, failure to pay, misuse of the bonus program, etc.), the points can be cancelled by Eppendorf SE. If Eppendorf SE does not make any determination for crediting points in connection with offerings, points will first be credited when the customer has paid for the ordered product.

4.2 The Participant can review the Participant's epPoints^® account balance online as soon as the Participant has logged into the Participant's myEppendorf account. The Participant must provide notification without undue delay after learning about any complaints with regard to the epPoints^® account status, but no later than 14 days after the corresponding booking (e.g. registration points or ordering premiums). If a complaint has not been raised on time, the displayed epPoints^® account status is deemed to have been approved.

4.3 epPoints^® can be transferred exclusively free of charge to another myEppendorf account. The Participant and the third party must use the transfer form for this purpose which you can download here: DE | EN
Sales or exchange transactions with points are expressly prohibited; see also below Clause 5.1.

4.4 Participants can obtain additional information about the bonus program of Eppendorf SE at the epPoints^® pages. Our hotline is also available to Participants by email (myeppendorf@eppendorf.de) or by telephone (Monday to Friday in the time from 8:00 hours – 17:00 hours (CET): +49 (1803) 666 789).

5. Premium benefits / limited contingents / defects

5.1 Credited points can be exchanged for premiums in kind in the epPoints^® Rewards Shop, provided that the myEppendorf account of the Participant has at least the required number of points for the respective premium. Missing points cannot be made up by additional payment. The sale of epPoints^® as well as trading them in whatever form (e.g. exchange transactions) is not permitted. If a Participant violates this term, Eppendorf SE is entitled to give immediate notice of termination of the myEppendorf account in accordance with Section A. Clause 3.2 of these Terms and Conditions for Participation. Eppendorf SE is additionally entitled to block the Participant's premium account. The right of Eppendorf SE to assert additional claims against the Participant, especially claims for damages, is not affected. As a result of ordering a premium, Eppendorf SE is authorized to debit the corresponding value of the points against the epPoints^® account balance. If the myEppendorf account does not have the required number of points, the Participant will be informed about this prior to execution of the order. The online orders of premiums will be processed, if possible, without undue delay. However, the delivery can take up to eight weeks depending on the capacity of the upstream supplier to deliver. If there are longer delivery times in exceptional situations, especially because Eppendorf SE has not received proper delivery or delivery on time, Eppendorf SE will inform the Participant if possible. This also applies if Eppendorf SE cannot fill the order due to non-availability of the item. Damages in the case of late delivery (see above) or inability to deliver the premium is excluded to the extent Eppendorf SE has not engaged in grossly negligent or intentional misconduct. If possible, the Participant will receive the premium in a single shipment. However, if the order includes items which are separately packed or must be transported differently, partial shipments are unavoidable. However, the Participant does not incur any disadvantage from this whatsoever because Eppendorf SE bears the costs for shipping and packaging. An order becomes valid when it is sent. In the case of obvious errors, typographical errors, printing errors and mathematical errors, Eppendorf SE is entitled to withdraw from the order.

5.2 The respective premiums may be subject to restrictions under certain circumstances and only provided as available and with restrictions on time. Restrictions or limits on availability for the respective premium will be announced on the pages of the epPoints^® shop.

5.3 Point values for the premiums are stated in the current catalog of premiums and can be subject to changes. If an individual premium is mistakenly shown with the wrong points value, which can sometimes occur despite all efforts, Eppendorf SE will contact the Participant in the case of a points value which is higher than stated and ask whether the premium should be shipped, anyway. In the case of a points value which is lower than the stated points value, the Participant will receive the ordered premium at the lower points value without any further consultation.

5.4 Eppendorf SE will ship to the last postal address communicated by the Participant and is not responsible for adverse effects from the wrong address or a failure to notify a change in address.

5.5 Premiums generally cannot be returned or exchanged. A right to return or claim for corrective performance for the benefit of the Participant exists only to the extent Eppendorf SE has fraudulently [arglistig] failed to disclose a defect in the substance or a legal defect. In the case of premiums which are not products of Eppendorf SE, Eppendorf SE is entitled, but not required, to assign any claims related to defects in substance or legal defects against the manufacturer/supplier of the premiums to the Participant. The Participant has no right to return or claim for directive performance against Eppendorf SE based on a defective premium when the claims have been assigned unless Eppendorf SE fraudulently fail to disclose a defect to the Participant. Eppendorf SE is liable for damages in accordance with the provisions in Section A. Clause 6. with regard to defects in substance and legal defects, whereby the liability is limited to situations of intentional and grossly negligent misconduct as a deviation from Clause 6.

5.6 Detail information about the type and duration of the bonus activities and about the amount of the awarded number of points are set forth in the epPoints^® pages. The following email address is available as a contact address for the Participant for any questions about the bonus program: myeppendorf@eppendorf.de. The Participant is asked to direct any complaints with regard to the premiums also to this address.

6. Products in the epPoints^® bonus program

Eppendorf SE is entitled to remove individual products from the epPoints^® program without stating any reasons and include new products in the bonus program.

7. Forfeiture of points

epPoints^® which have not been cashed in for premiums are automatically forfeited without compensation at the end of the day on 31 December of each calendar year, but at the earliest 24 months after the time when the points have been credited.

8. Cancellation of the bonus program

Eppendorf SE reserves the right to cancel the epPoints^® bonus program at any time or replace it with another program. If the bonus program is cancelled or replaced, Eppendorf SE will inform the Participants about this reasonably in advance and terminate the existing participations in the program by giving two weeks' notice. The notices of termination will be in writing (in advance by email). After the cancellation of the bonus program has been published on the internet on the page www.eppendorf.com/eppoints and the notices of termination have been received by email, the Participants still have three months to cash in their points for premiums. After expiration of the three months, the points are no longer valid. If Eppendorf SE is prohibited from conducting the bonus program in the current form due to provisions in the law or decisions by courts or public authorities, Eppendorf SE is entitled to give extraordinary, immediate notice of termination of this Agreement. The notice of termination will be in writing (in advance by email). Claims of the Participant (including for cashing in points, damages or similar matters) are excluded. However, to the extent possible, Eppendorf SE will try to make sure that the points can still be cashed in for a period of three months after the program has been shut down.

9. Tax information for the Participants

Eppendorf SE points out that the premiums may be subject to taxation under certain circumstances under the German Income Tax Act [Einkommenssteuergesetz] if the premiums are intended for private use and also used there. This can mean that the respective Participant must declare the received premiums in the Participant's income tax declaration. Eppendorf SE recommends that the Participant consult with a tax advisor about this if appropriate. Eppendorf SE has no liability for the tax consequences of the bonus program.

C. Product registration

The Participants can register a product online after purchasing an Eppendorf product. The Participant receives as a thank you premiums as determined by Eppendorf SE (see on this aspect the following Clause 4). The registered products are listed below in an overview in the myEppendorf account at the website of Eppendorf SE or in the Eppendorf app.

1. Applicable texts

The following texts apply for the product registration:

• myEppendorf Terms and Conditions of Participation (A.)
• Data Protection Statement
  

2. Participation

A myEppendorf account is needed for participation. The same provisions for participation apply (see on this point above, Section A. Clause 1.). It is possible for the Participant of the myEppendorf account to automatically participate in product registration.

3. Registration of products

3.1 Exclusively Eppendorf products participate the product registration. The exact products are listed on the website in the FAQs. Eppendorf SE is entitled to remove individual products from the program or include new products in the program without stating any reasons.

3.2 The product registration is only activated in certain select countries which are also listed in the FAQs on the website ( https://www.eppendorf.com/de-de/service-support/product-registration/faq/ ). Eppendorf SE is entitled to remove individual countries from the program or include new countries in the program without stating reasons.

3.3 The Participant can only register an Eppendorf product once.

3.4 The Participant has various possibilities for registering the Eppendorf product. On the one hand, the 2D-Code can be used by scanning in the Eppendorf app. Secondly, the 12 digit serial number or, in the case of pipettes, the registration code can be entered on the website.

3.5 The Participant can view the registered products online as soon as the Participant has logged in on the product registration page in the myEppendorf account.

3.6 Eppendorf SE is responsible for administration of the product registrations within the myEppendorf account. However, Eppendorf SE assumes no liability if there are incorrect descriptions of products or incorrect product information.

4. Premiums for product registration

4.1 Upon registration, the Participant receives as a thank you up to 100 epPoints^® . This depends on the complexity and the value of the product.

4.2 The Participant also receives a 10% discount coupon which can be cashed in at the next purchase in the Eppendorf eShop.

4.3 The Purchaser additionally receives an extended guarantee of 3 months for certain select products. The extended guarantee is only valid in the guarantee relationship between Eppendorf and the customer, i.e. only in the case of a direct purchase of the product from Eppendorf SE. If the product has been obtained through a dealer, there is no guarantee relationship and the extension of the guarantee by 3 months does not apply.

5. Proof of purchase

5.1 The Participant confirms upon registration the direct possession and direct use of the product. Eppendorf SE reserves the right to irrevocably deregister the product at any time if it is determined that the products cannot be directly attributed to the Participant.

5.2 Eppendorf SE can require proof (e.g. proof of purchase), in order to check the validity and the actual existence of registered products at the Participant. In the case of suspicion of fraud, Eppendorf SE can exclude Participants from further participation in all myEppendorf Services. Eppendorf SE will pursue every suspicion of fraud and, if necessary, initiate corresponding legal steps.

6. Amendments to the Terms and Conditions for Participation

Eppendorf SE reserves the right to change the modalities of product registration at any time without advance notification. The Terms and Conditions for Participation apply in the respectively valid version.

7. Shutdown of product registration

Eppendorf SE reserves the right to shut down product registration at any time or replace it with another program. If the product registration is shut down or replaced, Eppendorf SE will inform the Participants about this reasonably in advance and terminate the existing participation relationship by giving two weeks' notice. The notices of termination will be in writing (in advance by email). If Eppendorf SE is prohibited from conducting the product registration in the current form due to provisions in the law or decisions by courts or public authorities, Eppendorf SE is entitled to give extraordinary immediate notice of termination of this Agreement. The notice of termination is in writing (in advance by email). Claims of the Participants are excluded.


Status: March 2024
The Terms and Conditions for Participation take effect on 15 March 2024.