itelly provides, via the domain www.itelly.de and through JavaScript widgets, a platform that enables registered members (hereinafter "users") to participate in a referral programme in accordance with these Terms of Service. itelly maintains contracts with various partner programmes of online shops. Users can receive a fixed amount or a percentage of the order value as a reward for their referral of partner shops via itelly.de or itelly widgets, in accordance with these Terms of Service and depending on the value of goods or services ordered from the partner shop. itelly provides a free-of-charge service for private individuals resident in a member state of the European Union (EU).
These General Terms and Conditions (hereinafter: Terms) apply to all contracts brokered by us,
itelly GmbH
Hauptstr. 27
79256 Buchenbach
concluded with our partner websites between the respective partner and you as a customer recruited by us.
Deviating conditions of the user or third parties shall not be recognised unless itelly expressly agrees to their application in writing.
The offer is directed at consumers. For the purposes of these Terms, a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 of the German Civil Code, BGB).
Any natural, private person who has reached the age of 18 and is resident in the European Union has the opportunity to register at www.itelly.de or in a provided widget with their personal details and thereby participate in the referral programme.
Participation is free of charge. This is without prejudice to any payment obligations of the user in connection with purchases and orders placed with itelly partner companies.
Upon registration at www.itelly.de, the user must ensure the accuracy, completeness and currency of the information provided and must notify itelly of any changes promptly via their account. Until such a change or notification, itelly is entitled — but not obliged — to use the user's previous personal data and bank details for all information and all payments from the rewards account.
Upon successful registration, an account will be set up for the user.
The user is not entitled to create multiple accounts with different personal details.
The user shall not engage in any misuse or fraud via their account or harm itelly and the partner shops in any other way through their use.
The user guarantees that neither they nor their account are associated with spam and that no external links to itelly have been placed in order to earn money from them. It is not permitted to send affiliate links from itelly in spam emails.
itelly is entitled to reject or decline to accept an application to participate in the referral programme without giving reasons.
itelly is entitled, for the reasons stated in § 4, to close the user's account and to exclude them from participation.
itelly maintains contracts with various operators of partner shops. Users registered with itelly can earn commissions in accordance with this clause 4 via the online portal operated by itelly through referral of partner shops, i.e. the user receives a fixed amount or a percentage as a reward, depending on the value of the goods or services ordered from the partner shop.
itelly may continuously develop the referral programme and its platform and adapt it to technical developments.
itelly is entitled to replace or exclude partner shops or to integrate new partner shops; the user has no right to maintain a contractual relationship with specific partner shops.
The use of itelly does not create any entitlement to the retention of individual parts of the service or of the service as a whole.
The user who has received the referral must access the referral link provided by itelly to the partner shop's page and meet the technical requirements; only in this way can a purchase made by that individual user be attributed to them.
The commission is only granted if the following conditions ("performance conditions") are met:
The commission is calculated on the value of the ordered goods or services, excluding VAT and shipping and insurance costs. The amount of the commission varies depending on the partner company and the product. The applicable commission is stated on the itelly website or referral widget.
Partner shops are integrated by itelly directly or via multiple operators/affiliate networks and made available to the customer. Information on the amount of the reimbursement as a fixed amount and/or as a percentage is provided by the operators, which itelly draws upon. Commission amounts may be changed at any time by partner shops, over which itelly has no influence.
Should, despite the greatest care on the part of itelly, the unlikely event occur that reward amounts (fixed amount or percentage of the order value) are not correctly listed by partner shops or errors occur in the transfer of commissions, itelly provides no guarantee that the commissions stated at the time of the order will be paid by the partner shop. itelly pays the amount to its users that is paid out by the partner shop.
The use of the itelly referral platform is free of charge for the user.
The commission is generally transferred to the bank account of the referring party known to itelly. Should no valid bank account details be available, the referring party will be requested to provide such details. If no bank account details are provided within twelve months of this request, the referring party forfeits their claim to the commission.
Payments are made once the user has provided a bank account or PayPal account as well as a valid postal address.
Payments are made within a period of 30 days.
In order to be able to select a PayPal payment, at least one successful payment per user account to a bank account (SEPA) must have been made.
Assignment of the user's payment claims from the account is not permitted.
If the user does not provide a bank account or PayPal account, or if the payment cannot be made to the account specified by the user due to the user's fault, the commissions shall lapse after twelve months.
Participation is for an indefinite period.
The user may terminate their participation at any time without giving reasons by deleting their account.
itelly has the right to terminate participation with six months' notice and to dissolve the account.
itelly reserves in particular the right to delete inactive accounts.
An account is considered inactive if the user has not performed any actions on the itelly portal for a period of more than 12 months, in particular if they have not logged in to itelly. Prior to the deletion of an inactive account, itelly will attempt to contact the user at the email address provided, with a notice period of 365 calendar days.
If the user does not object to the deletion within this period or does not perform any actions via the account, the account will be deleted.
If confirmed rewards are present in the account at the time of ordinary termination, these will be paid out regardless of the payment threshold.
itelly is released from the obligation to pay any rewards if the bank account details provided by the user do not exist and/or are attributable to another account holder.
The right to terminate for cause shall remain unaffected for both parties. Good cause for extraordinary termination by itelly exists in particular if:
itelly is entitled, upon termination, to deactivate the user's login name and password and to delete all data that the user has transmitted to itelly or that itelly has transmitted to the user.
itelly is obliged to do so insofar as itelly no longer requires this data for billing or evidentiary purposes.
Registration and participation in the referral programme does not create any contractual relationship between the user and the partner shops.
itelly merely presents offers from the respective partner shops via itelly.de and itelly widgets.
itelly does not act as a representative of these partner companies.
Contracts concluded in the context of purchases from partner companies are concluded exclusively between the user and the partner company. itelly accepts no liability for breaches of obligations under contracts that exist in the context of purchases and orders between the user and partner companies.
All matters directly related to orders and not to the referral are exclusively arrangements between the user and the partner company.
itelly is therefore also not liable for the accuracy and completeness of information taken from its partner companies.
The respective partner company alone is responsible for the availability, proper delivery and freedom from defects of the partner company's products as well as for its invoicing.
itelly accepts no responsibility or liability for the content of websites to which direct or indirect references (links) from itelly's offering are directed.
Since itelly has no influence over the content and design of third-party websites, itelly expressly distances itself from the content of these pages and does not adopt their content as its own. The providers of the respective website are themselves responsible for the content.
itelly collects data from the user in connection with participation. In doing so, it observes in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the user's consent, itelly will only collect, process or use the user's data to the extent necessary for the fulfilment of the contractual purpose and for the use and billing thereof.
For details on the scope and use of data and further information on data collection, processing and use, please refer to the privacy policy, which can be accessed at any time on the itelly.de website via the "Privacy Policy" link.
The user has the option at any time to retrieve, modify or delete the data stored by them in the profile under "Profile" in their account.
Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavour to find, in place of the invalid provision, a valid provision that comes closest to the economic significance of the invalid provision.
This contract is subject to German law. The application of UN sales law is excluded.
itelly is entitled to amend these Terms on the condition that
a) a changed legal situation, gaps in these Terms, external or technical circumstances beyond itelly's control, the need to ensure secure and prevent abusive use of itelly's services, disruptions to equivalence or other necessary requirements render an amendment necessary
and
b) itelly notifies the user of this by email no later than six weeks before the amendment takes effect. The user shall thereby have the right to terminate immediately, which becomes effective at the time the Terms are amended. If the user does not exercise this right within four weeks of receipt of the notification, the amendment shall be deemed approved. itelly shall expressly point this out in the notification.
Version: April 2024