Terms and Conditions of Participation “Trade-in Program”

of FRITZ.com GmbH, Alt-Moabit 95, 10559 Berlin, shop@fritz.com, registered in the commercial register of the Charlottenburg Local Court under HRB 111009 B, represented by the managing directors Jan Oetjen and Jan-Christian Werner, VAT ID No.: DE418843475 (hereinafter the “Provider”).

§ 1 Subject matter of the Trade-in Program

The Provider offers eligible customers (see § 2), within the scope of the “Trade-in Program,” the opportunity—when purchasing a new FRITZ!Box in the Provider’s online shop at fritz.com—to send in their FRITZ!Box that meets the requirements pursuant to § 3 and is eligible for participation (hereinafter also the “old device”) and, following successful inspection, to receive cashback in the amount stated on the product detail page at the time of purchase of the new FRITZ!Box.
The new FRITZ!Box is purchased from the Provider at the regular full retail price. The cashback amount payable in the event the requirements for cashback are met is not offset directly at the time of purchase, but is paid out subsequently only after the submitted old FRITZ!Box has been inspected with a positive result.
The Trade-in Program applies exclusively to selected FRITZ!Box devices (see also § 3). In particular, other products such as repeaters, mesh sets, smart home devices, gateways, powerline products, WLAN sticks and other accessories are not eligible for participation.

§ 2 Eligibility to participate

Eligible to participate are natural persons aged 18 or older who reside in the Federal Republic of Germany and who, under a purchase contract via the Provider’s online shop, purchase from the Provider a new FRITZ!Box that is marked as participating in the Trade-in Program.
Participation requires that, when purchasing the new FRITZ!Box, the model of the old FRITZ!Box to be returned (old device) is correctly selected in the designated drop-down menu on the product detail page.
Participation in the Trade-in Program is only possible once per customer/customer account, i.e., only one (1) old device per customer may be returned in the context of a new purchase and remunerated with cashback. Multiple participation—also via multiple orders, different customer accounts, delivery addresses or payment methods of the same person/the same household—is excluded. The Provider reserves the right to review this and, in case of suspicion, to request evidence. In the event of justified doubts, the Provider is entitled not to pay out the cashback or to make payment conditional upon the submission of further evidence. If a customer has unlawfully received cashback, such cashback must be repaid to the Provider without undue delay, and the Provider is entitled to reclaim it from the customer.
Cashback may be combined with a valid employee discount. The granting of cashback is independent of the use of an employee discount, provided the terms and conditions of the Trade-in Program are met. A cash payment or any other offsetting of the employee discount is excluded.

§ 3 Eligible and excluded devices

Eligible are exclusively FRITZ!Box devices that are the customer’s sole property (see also § 4), that can be selected via the drop-down menu on the relevant product detail page, and that meet the requirements of this § 3.
Expressly excluded from the Trade-in Program are:
- (Former) provider FRITZ!Box devices and/or devices provided by an internet/telecommunications provider (e.g., devices that were made available to the customer free of charge or at a reduced price, or were sold to the customer, under a provider contract),
- rental devices and/or devices that are (co-)owned by a third party (e.g., landlord, provider, lessor),
- FRITZ! products that are not FRITZ!Box devices, such as repeaters, mesh sets, smart home devices, powerline products, gateways, WLAN sticks, SFP modules, and other accessories.
The Provider reserves the right to check, on the basis of the serial number, device labeling, rating plate or other characteristics, whether it is a provider or rental device. If such a device is identified, or in the event of justified doubts, cashback will not be granted (see § 6) and/or the Provider is entitled to reclaim cashback that has already been granted. In particular, the Provider is entitled to request further evidence or information from the customer, such as suitable proof of ownership. The customer is obliged to provide this within a reasonable period set by the Provider. If no submission is made and/or no sufficient proof is provided within the set period, the granting of cashback may be refused and/or cashback already paid out may be reclaimed.

§ 4 Confirmation of ownership

By participating in the Trade-in Program, the customer confirms that the submitted old FRITZ!Box is the customer’s sole property and is free of third-party rights, and in particular that it was not made available to the customer by a third party under a rental, leasing or provider contract.
The Provider reserves the right to request appropriate proof of ownership (e.g., proof of purchase) in case of doubt.

§ 5 Procedure of the Trade-in Program

Purchase and selection of old device product: When purchasing a new FRITZ!Box, the customer selects the model of an eligible old device in the online shop on the relevant product detail page or on the Trade-in landing page. The new FRITZ!Box must be purchased by the customer at the regular full purchase price.
Return shipment of the old FRITZ!Box: The customer must send the old device to be submitted to the Provider at the customer’s own cost and risk. For the return shipment, the customer may also use the return label sent by the Provider to the customer by e-mail after completion of the order, in which case the return shipment of the eligible old FRITZ!Box would be free of charge—however, the shipping risk nevertheless remains with the customer. The old FRITZ!Box must be returned within 30 days after receipt of the return label to the following address: Fritz.com GmbH, c/o DHL Home Delivery GmbH, OLD DEVICE, Marienberger Str. 210, 38122 Braunschweig, Germany.
Confirmation of receipt: After receipt of the return shipment, the customer will receive an e-mail confirmation.
Inspection: The Provider checks whether the submitted FRITZ!Box is an eligible device pursuant to § 3 and whether the other requirements of the Trade-in Program are met.
Payment: If the inspection result is positive, cashback in the amount stated on the product detail page at the time of purchase (usually within 7–10 business days after receipt of the return shipment) will be refunded. The refund will be made using the same payment method with which the customer previously paid the Provider for the new FRITZ!Box.
If no return shipment is made within the period pursuant to para. 2, the claim to cashback expires without replacement; the purchase contract for the new FRITZ!Box remains unaffected.

§ 6 Rejection of participation / return shipment back to customer

The Provider further reserves the right not to grant cashback if:
- the submitted FRITZ!Box is not an eligible product pursuant to § 3,
- the customer has already participated in the Trade-in Program (see § 2 para. 3),
- there are justified doubts regarding the customer’s ownership of the FRITZ!Box.
If participation in the Trade-in Program is rejected, the customer will be informed. If the submitted device does not meet the requirements of the Trade-in Program, the Provider will inform the customer of the reasons for the rejection and, where applicable, request the customer to submit suitable proof within a reasonable period. If the customer does not provide such proof within this period, the submitted device will be disposed of or destroyed by the Provider, provided the Provider has informed the customer thereof. Alternatively, the customer may, within the set period, request that the device be returned to the customer at the customer’s own expense. If the customer does not respond within the period, the customer’s consent to disposal or destruction of the device shall be deemed granted.

§ 7 Data protection

The personal data collected within the scope of the Trade-in Program (e.g., name, address, bank details, order data) will be processed exclusively for the implementation and handling of the Trade-in Program and will not be passed on to third parties unless this is necessary for carrying out the program (e.g., shipping service providers, payment processing). Further information can be found in the privacy policy.
The customer is responsible for deleting personal data on the old device submitted by the customer. The customer must delete personal settings and personal data from their FRITZ!Box before submitting it (e.g., by resetting the FRITZ!Box to factory settings).

§ 8 Liability

The Provider is not liable for loss or damage to the submitted old FRITZ!Box during transport unless this is due to intent or gross negligence on the part of the Provider or a shipping service provider commissioned by the Provider. For shipping, it is recommended to use the shipping label provided by the Provider with shipment tracking; however, this is by no means mandatory.

§ 9 Duration and termination of the Trade-in Program, final provisions

The Provider reserves the right to adjust the cashback amount within the scope of time-limited promotions or to temporarily suspend it. The applicable cashback amount is the amount communicated on the product detail page at the time of purchase of the new FRITZ!Box and/or in these terms and conditions.
The Provider reserves the right to otherwise change, restrict, or end the Trade-in Program at any time with effect for the future. Any claims already acquired by customers from ongoing participation in the Trade-in Program shall not be affected thereby.
Legal recourse is excluded to the extent permitted by law.
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.