General Terms and Conditions

These General Terms and Conditions apply to all orders for prizes from the Underberg loyalty award program.

How it works:

Ever since 2002, Underberg fans have been infected by a veritable collecting fever. The starting shot for “Tops & More” initiated an incredible story of success, infecting enthusiasts all over the world. “Tops & More” offers a unique opportunity to collect Underberg bottle tops and to exchange them for exciting and unique awards.
Take a look at our selection of loyalty awards ― you’ll probably turn into a collector as well! Eligible for participation are all persons that are at least 18 years old and thus of legal age.
Enjoy your Underberg and then collect all the Underberg bottle tops. Once you have collected enough Underberg bottle tops, simply fill in the order form.

Place this order form in an envelope, together with your bottle tops, and send your prepaid envelope to:

For Germany:
Underberg Marketing Service
Von-Galen-Str. 35
47906 Kempen
GERMANY

For Austria:
Top Spirit
Key word “Underberg Treue-Programm”
POB 290
1190 Vienna
AUSTRIA

Conclusion of contract

The contract between you and Underberg will come into effect at the time Underberg accepts the proposal incorporated in your order. Underberg may accept your order by sending a declaration of acceptance via e-mail or by shipping the award.

The awards may not be acquired by purchase (in EURO).

If you have any questions, please address these to our Underberg Consumer Service, phone +49 (0)2843–1846

Delivery

Your award(s) within three weeks of our receipt of your order will be delivered at no cost to the ship-to address you stated.

Loyalty awards

The selection of loyalty awards may be changed without any prior announcement and at any time at the sole discretion of Underberg. If a particular award is available only in limited quantity, it may be obtained only while supplies last.

Warranty

Statutory warranty rights are in effect for all awards. In the event of any defects or flaws, please return the non-monetary awards to:
Underberg Marketing Service
Von-Galen-Str. 35
D-47906 Kempen

Withdrawal instructions

If you are a consumer (i.e., a natural person concluding legal transactions for purposes not predominantly associated with vocational/professional or free-lancing activities), you are entitled to a right of withdrawal.

Right of withdrawal

You have the right to revoke this contract within 14 days without stating any reasons.

The withdrawal period shall be 14 days from the day:

• at which you or your designated third party (who is not the carrier) have/has taken possession of the goods if you ordered an item or several goods in the scope of a single order and the item/goods has/have been delivered in a single delivery;
• at which you or your designated third party (who is not the carrier) have/has taken possession of the last item if you ordered several goods as part of a single order and the goods are delivered separately;
• at which you or your designated third party (who is not the carrier) have/has taken possession of the last partial shipment or the last item if the goods are delivered in several partial shipments or items;
• at which you or your designated third party (who is not the carrier) have/has taken possession of the first goods if you have concluded a contract for the regular delivery of goods over a specified period of time.

In order to exercise your right to withdrawal, you must notify Underberg Marketing Service, Von-Galen-Str. 35, 47906 Kempen, Germany, e-mail: underberg@portica.de by way of an unequivocal declaration (e.g., a letter sent by regular mail, telefax or e-mail) about your intention to revoke said contract. For such purpose, you may use the withdrawal formsheet, but this is not mandatory.

To be in compliance with the withdrawal period, it will be sufficient to mail/dispatch the declaration of withdrawal prior to expiration of the withdrawal period.

Consequences of withdrawal

If you revoke this contract, we will immediately and within no more than 14 days from the day we received your notification of withdrawal of said contract return all payments we received from you including shipping expenses (with the exception of such expenses arising in context with your decision to choose other form of delivery than our most favorably-priced standard shipment mode). For such return payment, we will use the same payment mode you used for the original transaction unless explicitly agreed upon differently with you. In no case will you incur any expenses for such repayment. We may refuse such return payment until we have received the return shipment of goods or until you have provided evidence that you have sent the goods back, whichever date is earlier.

You are required to deliver or return to us the goods immediately and in any case by no later than 14 days after the day you notified us about your withdrawal of contract. Such deadline shall be considered observed if you send/dispatch the goods prior to expiration of the 14-day period. You will bear the direct costs associated with the return/dispatch of the goods.

You will be required to compensate for any loss in value of the goods only if this loss in value is associated with/caused by any handling of these goods not required/expedient for inspection of qualities, properties and function of the goods.

Exclusion and/or early expiration of the right to withdrawal

In the following cases, you may not / may no longer revoke your contractual declaration:

The right to withdrawal shall not be in effect for contracts

• on the delivery of goods which are not prefabricated and for the production of which an individual choice or specification by the consumer is essentially required or which are explicitly designed to meet the consumer’s particular requirements.

End of withdrawal instructions

Data protection statement

You will find all notifications on data privacy at https://www.underberg.com/pt/privacy/

Dispute resolution

The European Union has installed an online platform at http://ec.europa.eu/consumers/odr/ for out-of-court resolution of consumer-right disputes. We are neither obligated nor willing to participate in dispute resolution proceedings at a consumer arbitration panel.

Proper law

German law applies excluding the UN Convention on Contracts for the International Sale of Goods.