Terms and Conditions for Participation in the Xometry‘s Rewards Program

1. Subject matter of the contract, participation and membership

1.1. These Terms and Conditions for participation in the Xometry‘s rewards program (Rewards Program T&C) are an integral part of the Provider’s general terms and conditions.

1.2. The subject of these Rewards Program T&C is participation in the customer rewards program of the Provider (hereinafter: “Rewards Program”). Participation in the Rewards Program gives the customer the opportunity to collect bonus points (hereinafter referred to as “X-Points”) when purchasing goods and services from the Provider or when recommending of the Provider to third parties, which can be redeemed for payment of future orders in accordance with these Rewards Program T&C. Recommended third parties receive a discount on their first order from the Provider in accordance with these Rewards Program T&C. The amount of the respective discount can be found in the corresponding description on the Provider’s customer platform.

1.3. We reserve the right to change, restrict or exclude the granting of X-Points and discounts at any time, for example as part of special promotions, when granting other discounts or benefits, etc.

1.4. The Rewards Program begins on 1.08.2024.

1.5. Participation in the Rewards Program is free of charge. Any natural person of legal age is eligible to participate, as is any entrepreneur of legal age within the meaning of Section 14 (2) of the German Civil Code (BGB), any partnership with legal capacity within the meaning of Section 14 (2) BGB and any legal entity. The Provider may refuse the participation of persons for objective reasons.

1.6. Participation in the Rewards Program takes place automatically after registering a customer account (hereinafter “X-Account”) on https://get.xometry.eu/sign_up

1.7. Customers can opt out of the Rewards Program at any time by sending an email to rewards@xometry.eu or by deleting their X-Account.

 

2. Recommendation from third parties

2.1 Customers can only recommend third parties by providing them with a referral link.

2.2. Third parties can register on the Provider’s platform using the invitation link.

2.3. The discount is granted to the recommended third party in the form of a discount code by e-mail as soon as they have registered on the provider’s platform using the invitation link.

2.4. Third parties can also be employees of the same organization.

 

3. Collect points and discounts

3.1. The discount is granted to the referred third party after registration using the referral link on the Provider’s platform.

3.2. The X-Points or discounts are credited exclusively to the respective X-account. Customers with several X-Accounts therefore have separate discounts and credit balances of X-Points for each X-Account.

3.3. The X-Points are granted on the basis of the net turnover (excluding applicable VAT) of the orders placed through an X-Account (hereinafter “total turnover”) and the status achieved as a result or on the basis of the recommendation of the Provider to a third party by the holder of an X-Account in accordance with the following provisions.

3.4. The following status levels exist:

3.4.1. Bronze level: 1 X-Point for every EUR 1 in net sales up to EUR 19,999 and 5,000 X-Points for every recommended third party.

3.4.2. Silver level: 2 X-Points per EUR 1 in net sales (from EUR 20,000 to EUR 69,999 total sales) and 7,000 X-Points for each recommended third party.

3.4.3. Gold level: 3 X-Points per EUR 1 in net sales (from EUR 70,000 total sales) and 10,000 X-Points for every third party recommended.

3.5. X-Points for orders placed are calculated after full payment and delivery of the order and credited to the respective X-Account. Recommendations are only possible after full payment and delivery of the first order. X-Points for recommendations are credited after full payment and delivery of the order by the recommended third party. The granting of X-Points for orders placed by the customer before the introduction or start of the Rewards Program is excluded.

3.6. If it subsequently transpires that the conditions for the granting of X-Points or discounts were not met or if the conditions subsequently cease to apply, for example due to the full or partial rescission of the contract for the purchase of goods or services eligible for credit, the Provider may cancel the crediting of bonus points and the granting of the discount in whole or in part.

3.7. No X-Points will be credited for fully canceled orders. X-Points in the amount of the canceled net order value will not be credited for partially canceled orders.

3.8. The customer can view the status of their X-Points, their status level and their discounts in their X-Account at any time. The customer receives notifications on received and expiring X-Points.

3.9. Objections to the correctness or completeness of the granting of X-Points and discounts must be raised by the customer with the Provider within 1 month of the respective notification at the latest; otherwise the points balance or discount notified shall be deemed to have been approved.

 

4. Redemption and expiry of points and discounts

4.1. X-Points and discounts can be used to pay for future orders . One X-Point has a net value of € 0.01.

4.2. X-Points collected first will be redeemed first.

4.3. X-Points or discounts cannot be redeemed for cash or any other form of compensation .

4.4. X-Points and discounts can generally only be redeemed during checkout on the platform of the Provider .

4.5. X-Points and discounts are valid for 12 months and expire automatically at the end of the 12-month period after they were credited.

 

5. Transfer of points

5.1. Customers cannot transfer their X-Points outside their organization. A transfer of X-Points to other X-accounts of the same organization is possible on request to rewards@xometry.eu

5.2. A claim to transfer only exists if the transferor or the potential recipient proves that the transferor can no longer use the X account for factual or legal reasons, e.g. because he has left the company or will not be able to use Xometry’s services for the foreseeable future due to a transfer in the course of his duties.

5.3. Discounts are not transferable.

 

6. Program abuse

6.1. Any abusive or fraudulent behavior in connection with participation in the Rewards Program is prohibited. In particular, it is prohibited to recommend yourself as a third party using a different e-mail address or to exploit system errors.

6.2. X-Points or discounts acquired by means of the behavior described in paragraph 1 are null and void. If X-Points or discounts received in this way have already been redeemed, the Provider is entitled to compensation for the value of the amount that was deducted from the purchase price by redeeming the X-Points or discount at the time of ordering and payment.

6.3. The Provider has the right to check customer accounts and transactions for prohibited behavior at any time.

 

7. Changes and discontinuation of the Rewards Program

7.1. The Provider reserves the right to change the conditions of participation in the Rewards Program while safeguarding the legitimate interests of the customer. In this case, however, the new conditions of participation shall only apply if (1) the Provider has informed the customer of the change in writing and (2) the customer does not raise an objection to the Provider within one month of receipt of the notification of change. The Provider shall expressly draw the customer’s attention to this legal consequence in the notification of change. If the customer does not accept the new conditions of participation in accordance with the above, this shall be deemed to be a termination of the contract for participation in the Rewards Program by the customer in accordance with Section 8 of these terms and conditions.

7.2. The Provider also reserves the right to discontinue the Rewards Program subject to a reasonable notice period – unless there is good cause – and while safeguarding the legitimate interests of the customer. In this case, the customer is entitled to redeem collected X-Points within a period of 3 months after the termination takes effect, unless the termination is for good cause. Thereafter, the X-Points will expire.

8. Term and termination

8.1. The contract for participation in the Rewards Program is concluded for an indefinite period.

8.2. The customer may terminate the contract at any time without prior notice by notifying the Provider in text form or by deleting his X-Account.

8.3. The Provider may terminate the contract with a notice period of 4 weeks to the end of the month. The right to terminate for good cause remains unaffected. Good cause for termination exists in particular in the event of misuse of the Rewards Program.

8.4. In the event of termination by the Provider, the customer is entitled to redeem collected X-Points within a period of 3 months after the termination takes effect, unless the termination is for good cause. Thereafter, the customer’s X-Points will expire.

 

9. Liability

9.1. The Provider shall be liable without limitation in the event of intent, fraudulent intent and gross negligence as well as in the event of personal injury.

9.2. The Provider is liable for damages in the event of a slightly negligent breach of a material contractual obligation (cardinal obligation) limited to the amount of the foreseeable damage typical for the contract in the amount of the value of the X-Points in the respective X-Account at the time of the occurrence of the damage. In this case, the Provider is not liable for loss of profit, indirect damages, consequential damages and third-party claims. Cardinal obligations within the meaning of this provision include, in addition to the main contractual obligations, obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the client may regularly rely.

 

10. Final provisions

10.1. This agreement is concluded in German. Only the German version is legally binding. Any translations are for general understanding only and shall not be taken into account when interpreting the individual provisions of this agreement.

10.2. Ancillary agreements, amendments and supplements as well as the rescission of this agreement must be made in writing, unless the applicable law prescribes a stricter form for the individual case. Where permissible, the written form may be replaced by simple electronic form.

10.3. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

10.4. The place of jurisdiction for all disputes arising from the contractual relationship between the parties shall be the registered office of X in Ottobrunn if both contracting parties are merchants.

Should a provision of this contract be invalid in whole or in part or become invalid after conclusion of the contract, this shall not affect the validity of the remaining provisions. In all other respects, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic intent of the invalid or unenforceable provision, unless a supplementary interpretation of the contract takes precedence or is possible. The same applies in the event of a loophole.