General Terms and Conditions of the Gürkchen Club

1. General information and participation in the Gürckchen Club

The owner of this website and operator of the Gürkchen Club is the

Gurkerl.at GmbH

Gutheil-Schoder-Gasse 17

1230 Vienna

FN 535948 i

Vienna Commercial Court

UID ATU 75674101

(hereinafter "gurkerl.at")

Gurkerl.at customer service

Opening hours: Monday to Friday 6:00-22.00, Saturday 6:00-20:00

Tel: 0720 70 4100 (available at local rates)

E-mail: office@gurkerl.at

The place of performance is the registered office of Gurkerl.at GmbH, Gutheil-Schoder-Gasse 17, 1230 Vienna.

The Gürkchen Club is a loyalty programme for customers already registered with gurkerl.at (i.e. customers who already have a customer account with gurkerl.at) and is aimed at parents-to-be and parents of children aged 0-12 ("customers").

When customers register for the Gürkchen Club, a contractual relationship is established between the customers and gurkerl.at. Registration in the Gürkchen Club is a prerequisite for participation in the Gürkchen Club. Participation is free of charge and voluntary. Deviating general terms and conditions of customers shall not be recognised.

The General Terms and Conditions of gurkerl.at ("GTC") apply to the Gürkchen Club and these General Terms and Conditions, available at https://www.gurkerl.at/seite/allgemeine-geschaeftsbedingungen, are supplemented by these General Terms and Conditions of the Gürkchen Club ("Club GTC"). In case of doubt, the Gurkerl.at GTC shall apply.

2. Registration in the Gürkchen Club and processing of data

Any natural person who has reached the age of 18, is a customer of gurkerl.at and has their main place of residence in Austria or the European Union may become a member of the Gürkchen Club. gurkerl.at reserves the right to refuse the participation of certain persons or to exclude members. There is no legal entitlement to membership of the Gurkerl Club.

When registering for the Gürkchen Club, the child's first name, the child's gender and the child's date of birth must be stated. For parents-to-be, only the expected date of birth and - if known - the gender of the child must be stated during registration. After confirmation of membership by gurkerl.at (only then is the member a member), the member will be notified by gurkerl.at by e-mail and the customer account will be extended accordingly to include the membership area.

The member affirms his or her authorisation to provide data on the children.

Communications from the Gurkerl Club will be sent to the email address stored in the customer account. Gurkerl.at is entitled to send member promotions and discounts or offers including third-party content at regular intervals. The member can and must notify changes to his/her data in writing (post, e-mail) or in his/her online customer account. Mailings and declarations shall be deemed to have been delivered to the last address provided by the customer (e-mail suffices).

3. About the Gürkchen Club

Discounts

Gürckchen Club discounts are only available to members. Discounts are not transferable to other members.

Credit in the form of credits

For purchases on gurkerl.at that reach an order value of or exceed € 100, you will receive a credit of € 5 in the form of credits. Credits are not transferable to other members.

The credits are automatically credited to your customer account after delivery of the goods. They are valid for 14 days from the delivery of your order and can be used to purchase all goods offered on gurkerl.at. When making your next purchases on gurkerl.at, you can choose whether you want to redeem your credits or not when completing your order. The price will then be automatically reduced by the available credits.

Credit notes in the form of credits are based on the actual value of the goods purchased, with the exception of alcoholic beverages. Also excluded from the total amount are:

• Delivery costs,
• Tip,
• applied credits and
• Reusable packaging

Cash redemption of the credits or other Club benefits is excluded.

4. Termination of membership

Members can terminate their membership at any time without stating reasons and without observing a period of notice via the link http://www.gurkerl.at/guerkchen-club. All acquired discounts, credits and other Club benefits expire irrevocably upon termination of the account and cannot be reinstated or transferred.

Termination by gurkerl.at shall be effected by e-mail and shall be possible subject to a notice period of four weeks, unless the termination is for good cause. After expiry of the four-week notice period, all discounts, credits and other Club benefits will expire irrevocably and cannot be used again or transferred.

Gurkerl.at reserves the right to discontinue the Gürkchen Club at any time and without giving reasons or to replace it with an equivalent club. In the event of the Gürkchen Club being terminated, all discounts and other Club benefits acquired shall be irrevocably forfeited.

5. Data protection

The privacy policy of gurkerl.at, available at https://www.gurkerl.at/seite/datenschutzerklaerung is an integral part of these GTC. Here you will find detailed information on the processing of personal data and data subject rights.

6. Liability and warranty

Gurkerl.at shall not be liable - irrespective of the legal grounds - for damage arising in connection with the Gürkchen Club or from membership of the Gürkchen Club. Liability for gross negligence and intent shall not be limited thereby.

Gurkerl.at does not guarantee permanent availability of the technical systems in connection with the Gürkchen Club. In the event of (also temporary) non-availability of the technical system of the Gürkchen Club for recording discounts and credits in the form of credits, there shall be no claims against gurkerl.at.

7. Applicable law, place of performance, place of jurisdiction

For contracts with companies, the court with subject-matter and local jurisdiction for the registered office of Gurkerl.at is exclusively agreed as the place of jurisdiction. For contracts with consumers from a member state of the EU, the consumer has the choice between his court of residence and the court of jurisdiction at the registered office of the company. The contracting parties agree on the applicability of Austrian law, insofar as no mandatory legal provisions conflict with this. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. Mandatory consumer protection provisions under the law of the state in which the consumer has his habitual residence remain unaffected.

8. Final provisions

Gurkerl.at reserves the right to change these GTC and the content of the Gürkchen Club at any time. Members will be notified of changes at the last known email address.

If these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid clause shall be replaced by a clause which comes as close as possible to the economic intention of the invalid clause. The same applies to any loopholes contained in these General Terms and Conditions.

The General Terms and Conditions of the Gürkchen Club come into force on 20 October 2021.

Version October 2021