1.1 1.1 To join the BIOGENA Club, you must (i) be at least 18 years of age, (ii) not be a business owner (as defined in Section 1(1)(1) of the Consumer Protection Act (KSchG)) or a BIOGENA partner; and (iii) agree to the General Terms and Conditions for Online Orders (the “Online Terms and Conditions”). By registering for the BIOGENA Club, you confirm that these conditions are met.

1.2 BIOGENA GmbH & Co KG (“BIOGENA”) provides all services, offers, content and other benefits in connection with the BIOGENA Club (hereinafter collectively also referred to as “Services”) exclusively on the basis of these General Terms and Conditions (“GTC”) and exclusively in the stores participating in the BIOGENA Club. The BIOGENA Club includes physical BIOGENA stores listed on our website (biogena.com/de-AT/stores.html). In addition, our online shop, which can be accessed via biogena.com, is part of the BIOGENA Club (“Online Shop”). Participating physical BIOGENA stores and the online shop are collectively referred to as “Participating Stores”. Please note that other companies and websites within the BIOGENA Group (such as biogena-one.com, biogena-usa.com) do not participate in the BIOGENA Club.

1.3 To register for the BIOGENA Club, please complete the registration form provided for this purpose. Participation in the BIOGENA Club is not possible without completing the registration form. You can obtain the registration form from one of our BIOGENA stores or access it at biogena.com.

1.4 If BIOGENA accepts your registration form, you will receive a welcome email containing your registration confirmation. Your membership of the BIOGENA Club begins upon receipt of the welcome email.

1.5 You can prove your membership in participating BIOGENA stores by providing your details (name, date of birth and/or place of residence), and in the online shop by logging into the Biogena Club.

2.1 Membership of the BIOGENA Club requires a customer account in which you can store your personal details, allowing you to shop particularly conveniently in participating stores. BIOGENA uses the email address you provided during registration and the password you chose as your login details.

2.2 If you are logged into your customer account during the ordering process, the contact details required for the order will be pre-filled with the information stored in your customer account, in order to make the ordering process in the online shop as convenient as possible.

The services provided by the BIOGENA Club are set out in Appendix 1 to these Terms and Conditions. BIOGENA reserves the right to amend, expand or discontinue the services offered.

4.1 Status levels

The BIOGENA Club has four (4) status levels, which determine eligibility for and access to the various services. Status is defined by the turnover achieved in the respective financial year. For orders placed via email, fax, telephone and through our online shop, we guarantee that the turnover will be credited to the current financial year up to 25 September. Orders received via these channels between 25 September and 30 September may, under certain circumstances, only be invoiced in October.

The invoice date is always the relevant reference. The BIOGENA financial year begins on 1 October of each calendar year and ends on 30 September of the following calendar year.

The following status levels are available in the BIOGENA Club

4.2 Status change

A status upgrade can be achieved during the year by reaching the next higher turnover threshold(s). BIOGENA will process the status upgrade within 72 hours, make it visible in the customer account, and notify the customer by email. The benefits associated with the status will only become available or accessible after BIOGENA has notified the customer of the status change by email.

On 30 June of each financial year, all participants who have not yet confirmed their status will receive a reminder by email, informing them of the deadline on 30 September. At the start of a new financial year, the status of all customers who have not achieved their target will be updated to the level actually achieved. This update may also involve a downgrade.

Please note that loyalty points are only credited for deliveries or partial deliveries that have already been invoiced. Outstanding partial deliveries that are delivered after 30 September will already be included in the calculation of status for the new financial year.

5.1 Club members can earn loyalty points in various ways – for example, by purchasing BIOGENA products or subscribing to the newsletter – although BIOGENA reserves the right to change, expand or restrict these options at any time at its discretion.

5.2 You can earn loyalty points for purchasing BIOGENA products in the following ways:

(i) When shopping in any participating store, by registering your purchases upon presentation of proof of your membership of the BIOGENA Club.

(ii) When shopping in the online shop after logging in.

(iii) When shopping in pharmacies, by registering your purchases by scanning the relevant receipt (“receipt”) within the app (see point 6) under “Scan receipt now” (the “scan function”).

5.3 You can earn points on all BIOGENA products, with the exception of medical devices, deposits, medical laboratory tests, training programmes such as the Micronutrient Coach, gift vouchers and the purchase of the BIOGENA PLAZA Black Card. It is not possible to earn loyalty points through BIOGENA partners and companies. Loyalty points cannot be redeemed against subscriptions.

5.4 For every euro of the gross price paid for a purchase, you will be credited with 1 loyalty point at Bronze and Silver status, 2 loyalty points at Gold status and 3 loyalty points at Diamond status. For this purpose, the gross price is rounded up to the nearest whole euro (excluding euro cents). Foreign currencies are converted into euros based on the official exchange rate applicable on the day of purchase. Should any purchases be reversed, the corresponding loyalty points will be subsequently cancelled.

5.5 Loyalty points can only be redeemed with BIOGENA. Loyalty points can be redeemed at any participating store or during the checkout process when placing an order. The amount of the discount associated with redeeming loyalty points is disclosed during the checkout process and is determined by BIOGENA. BIOGENA may change the amount of the discount at any time.

5.6 Accumulated loyalty points expire on 30 September (of each calendar year) if no purchases have been made within a 12-month period (i.e. between 1 October and 30 September). Purchases and orders that are not returned count as valid transactions. Upon achieving Silver, Gold or Diamond status, loyalty points will not expire.

5.7 The Club member undertakes to refrain from claiming loyalty points multiple times for the same product for the purpose of earning loyalty points.

6.1 When you register with the BIOGENA Club, you also gain access to our “My BIOGENA APP” (“App”). In this regard – in addition to the provisions contained herein – please refer to Section III of the Online Terms and Conditions.

6.2 Scope of services:

• 6.2.1 Coaching and chat functions;

• 6.2.2 The option to make purchases via the online shop; and

• 6.2.3 Scan function (see Section 5.2 (iii) and Section 6.8).

6.3 For any contracts concluded via the app, the Online Terms and Conditions apply in addition to these Terms and Conditions.

6.4 The BIOGENA staff members assigned to the coaching and chat functions have received appropriate training. The advice provided relates exclusively to BIOGENA’s products and their ingredients and is given within the scope of BIOGENA’s authorisation. BIOGENA expressly points out that communication is limited to those topics and areas covered in the Biogena Store. In particular, all medical advice reserved for healthcare professionals and/or pharmacists and/or doctors is expressly excluded and will not be provided by BIOGENA.

6.5 BIOGENA endeavours to make the app available on a permanent and uninterrupted basis, but gives no guarantee in this regard. In particular, maintenance work, technical faults or events beyond BIOGENA’s control may lead to temporary restrictions on availability.

6.6 BIOGENA grants you a simple, non-transferable, non-sublicensable right, limited to the duration of your club membership, to use the app exclusively for your personal, non-commercial use within the scope of these Terms and Conditions. Decompilation, reverse engineering, reproduction and commercial exploitation of the app or its content are prohibited.

6.7 BIOGENA shall not be liable for any damage arising from the use of the app, in particular in connection with the scan function, unless such damage was caused intentionally or through gross negligence; this does not apply to personal injury.

6.8 The following provisions also apply with regard to the scan function:

• 6.8.1 Scanned receipts must be clearly legible and must not be more than 3 calendar months old at the time of scanning.

• 6.8.2 A maximum of 20 receipts per day may be scanned per club member.

• 6.8.3 Only receipts entitling the holder to loyalty points may be scanned using the scan function.

• 6.8.4 The scan function is available exclusively for receipts from pharmacies in those countries in which BIOGENA offers the scan function (currently only Austria, Germany and Italy). BIOGENA may change the list of participating countries at any time.

• 6.8.5 The recognition of pharmacy details and the products purchased is carried out automatically, in some cases with the involvement of a third-party provider commissioned by BIOGENA. BIOGENA does not guarantee that all BIOGENA products listed on a receipt will be recognised accurately or in full. If none or not all BIOGENA products are automatically recognised on a receipt, you may contact BIOGENA Customer Services immediately, and in any event within the time limit specified in clause 6.8.1, so that they can carry out a manual allocation.

• 6.8.6 BIOGENA is entitled to refuse to accept a receipt submitted via the scan function and to subsequently cancel loyalty points that have already been credited if the receipt is illegible or there is reasonable suspicion that it has been tampered with, forged or submitted more than once, or if there is any other misuse of the scan function. In such cases, BIOGENA is also entitled to restrict or exclude the club member concerned from using the scan function.

• 6.8.7 The provision of the scan function is at BIOGENA’s sole discretion. BIOGENA assumes no obligation to offer the scan function on a permanent basis, without interruption, or for specific pharmacies, countries or periods, and may restrict, suspend or discontinue the scan function at any time. Such action shall not be deemed a change to the services requiring consent in accordance with clause 9.3.

• 6.8.8 As part of the scan function, the processing of your personal data – in particular the scanned receipt – is carried out in part by a third-party provider commissioned by BIOGENA. Further information on this, in particular regarding the purpose, scope and duration of data processing as well as your rights in this regard, can be found in BIOGENA’s privacy policy, available at: https://biogena.com/en/service/privacy.

• 6.8.9 Notwithstanding clause 4.1, the date of the scan shall apply to scanned receipts. Loyalty points will be credited in accordance with the rules in force at the time of the scan.

7.1 You may cancel your membership of the BIOGENA Club at any time without notice by giving written notice to BIOGENA. It may take up to one month to delete the account.

7.2 BIOGENA may terminate membership of the customer loyalty programme by giving three (3) months’ notice to the end of any month. This does not affect termination for good cause.

7.3 Irrespective of whether club membership has been terminated, BIOGENA may restrict or block access to the app if there is reasonable suspicion of misuse or if the club member breaches these Terms and Conditions.

For enquiries regarding the loyalty programme, the following contact details are available:

Email: [email protected]

Tel: +43/662/23 11 11

9.1 BIOGENA is entitled to amend these Terms and Conditions as well as the scope of services provided by the app. BIOGENA may only make changes to the key services of the BIOGENA Club with the member’s express consent.

9.2 BIOGENA may make minor and objectively justified amendments unilaterally at any time. Minor and objectively justified amendments include, in any event, an expansion of the eligible membership, an expansion of the services and opportunities to collect loyalty points, an extension of the expiry periods for loyalty points, and purely editorial or stylistic amendments to the Terms and Conditions.

9.3 Any amendments to the Terms and Conditions not covered by clause 9.3 or clause 9.5 will be notified by means of a personalised email sent to the most recently provided email address. If you do not agree with the amendments, you may, within 30 days (‘objection period’) of receiving the notification, give written notice of termination of your membership of the BIOGENA Club. If you give notice of termination during the objection period, your membership of the BIOGENA Club shall end with immediate effect. Otherwise, the changes will form the basis of the legal relationship from the notified date, which in any event will be after the objection period.

9.4 The contractual relationship shall be governed exclusively by the law of the Republic of Austria, to the exclusion of the rules of private international law. Consumers who are in a more favourable position under the law of their place of residence or habitual abode may invoke those more favourable provisions. In such cases, the law of the place of residence or habitual abode shall apply to the matter in question.

Membership of the BIOGENA Club includes the following benefits:

(1) The BIOGENA newsletter keeps club members constantly informed about new discounts and promotions.

(2) Upon agreeing to receive the newsletter, club members will receive an anniversary voucher by email on their BIOGENA Club anniversary.

(3) Free parcel delivery in Germany and Austria*

* Applies from Bronze membership level onwards for orders placed in the BIOGENA online shop with a delivery address in Germany or Austria. Applies to standard delivery only.

(4) Upon first registering with the BIOGENA Club, club members with Bronze status will receive a one-off voucher for an initial treatment at a BIOGENA Biohacking Store & Lab or a BIOGENA PLAZA. This does not apply to the initial treatment involving hyperbaric oxygen therapy.

(5) Gold members receive one Biohacking Credit per year, redeemable for a free treatment. Diamond members receive a 10 per cent discount on all Biohacking treatments. The terms and conditions of redemption as published from time to time apply.

(6) Members at the Silver, Gold and Diamond status levels receive an annual voucher for a free family day ticket to the IKUNA Nature Discovery Park. Redeemable here.

(7) Members receive an annual voucher for the BIOGENA Academy (€100 for Silver members, €250 for Gold members, €400 for Diamond members).

(8) Upon achieving Silver status, the club member will receive a one-off voucher for a free bone density scan at one of the BIOGENA centres. Book here.