TERMS AND CONDITIONS OF THE TATUUM BRAND LOYALTY PROGRAM - VALID FROM 25/05/2018
§ 1 General Provisions
1. In these Loyalty Program Terms and Conditions, further called the “Terms and Conditions”, the following definitions shall apply:
Organizer – the Company KAN Sp. z o.o. with a registered office in Łódź, address: 92-760 Łódź, ul. Wiączyńska 8a, entered into the entrepreneurs’ register kept by the District Court for Łódź – Śródmieście in Łódź, XX Commercial Division of the National Court Register under the KRS number KRS 119998, assigned the REGON number 471164930 and Tax ID 7251019880, with a share capital of 6 500 000,00 PLN.
Program – the loyalty program specified by these Terms and Conditions;
Participant – a natural person with full capacity to perform acts in law, making purchases at the Organizer’s stationary store, who decides to participate in the Program;
Online Store – the Internet store operated by the Organizer, located on the website https://www.tatuum.com/en and its subpages;
Stationary Store – a point of sales operated by the Organizer or a Tatuum Partner; the current list of stationary stores is available at the address http://www.tatuum.com/pl/stores;
Account – a Participant’s individual account through which they can take part in the Program specified by these Terms and Conditions;
Loyalty Card – a card awarded to Customers as part of purchases made at Stores, which enables them to make purchases using specific percentage discounts awarded on the Card; rules governing the issue of Loyalty Cards are specified in separate terms and conditions;
Customer – a person who is a customer of a Stationary Store and who may also be a Participant in the Program;
Points – points accumulated by the Participant for purchasing goods at Stores. Points entitle the Customer to receive discounts and other benefits according to rules specified in the Terms and Conditions;
Voucher – a monetary benefit awarded to Program Participants as part of purchases made;
Agreement – an agreement to join the Program, which has been entered into between the Organizer and the User based on the Terms and Conditions;
Tatuum Partners – natural persons, legal entities and organizational units without a legal personality, cooperating with the Organizer for the purpose of selling Tatuum brand goods. A list of Tatuum Partners can be found in the attachment.
2. These Terms and Conditions specify the terms and rules of participation in the Program operated by the Organizer.
§ 2 General Rules of Participation
1. A Program Participant can only be a natural person with full capacity to perform acts in law, who meets all the prerequisites specified in these Terms and Conditions.
2. Prior to joining the Program, a Participant undertakes to familiarize themselves with the contents of these Terms and Conditions.
3. A Participant may join the Program at any moment of its duration.
4. Participation in the Program is voluntary and free of charge.
5. The Program specified by these Terms and Conditions is carried out exclusively within the territory of the Republic of Poland.
6. The Program commences on the 1st of March 2017 and continues until terminated by the Organizer.
7. Purchases made with the Loyalty Card are not counted as purchases within the scope of this Program. This means that a Customer who has a Loyalty Card will not will not be able to use it in the Program specified by these Terms and Conditions.
8. In connection to participation in the Program, a Participant shall receive information regarding promotions, Vouchers and other information connected with the Program from the Organizer at their e-mail address or telephone number.
§ 3. Procedure of participating in the Loyalty Program
1. In order to join and use the Loyalty Program the Participant must complete a free of charge registration.
2. A Participant has the possibility to register to the Program by:
a) filling out a registration form at one of the Stationary Stores,
b) by filling out a form at the Online Store.
3. In the registration form the Customer must provide in particular:
a) their Name and Surname,
b) mobile telephone number,
c) e-mail address,
d) date of birth.
It is forbidden to enter illegal content within the registration form, in particular false information.
4 A Customer wo wishes to join the Program by filling out a form at a Stationary Store upon signing the form enters into an Agreement with the Organizer. An activation link shall be sent to the e-mail address provided in the registration form, which must be clicked on to participate in the Program.
5. A person who wishes to join the Program by filling out a form at the Online Store must hold an account at the Store or register such an account while joining the Program. For that purpose they should fill out the registration form available on the website www.tatuum.com, providing all data required therein. The form constitutes an offer to enter into an Agreement directed by the Organizer to the Customer. After filling out the form and submitting a declaration accepting the Terms and Conditions, the Customer must click the “Register” button, which shall send the form to the Organizer. An activation link shall be sent at the e-mail address provided in the form; clicking that link shall be equivalent to accepting the Organizer’s offer and entering into an Agreement.
§ 4 Account
1. The Participant logs in to their Account through the “My Account” tab available on the main page of the Online Store. Logging in takes place using the e-mail address and password individually specified by the Participant.
2. The password is confidential, it is prohibited to disclose the password to any third parties.
3. Only one Account may be assigned to any single e-mail address.
4. As part of the Account a Participant may, in particular:
a) make purchases at the Online Store,
b) browse their transaction history at the Online Store and Stationary Store,
c) filter by purchase dates, locations, prices of purchased goods and their index,
d) browse a list of five nearest stationary stores which shall be verified according to the postal code provided during registration to the Program,
e) receive information regarding current promotional campaigns,
f) receive shopping Vouchers for later use, as stipulated in § 5 of the Terms and conditions,
g) receive Points for performed actions, as specified in § 5 of the Terms and conditions.
5. Deletion of an Account by the Participant shall result in forfeiting any awarded entitlements specified in item 4 above in relation to participation in the Program.
6. Every Program Participant may hold only one active Account which entitles them to accumulate Points and exchange them for Vouchers.
§ 5 Vouchers and Points
1. In connection with participation in the Program, the Participants are issued Vouchers in the following categories:
a) Welcome Voucher,
b) Loyalty Voucher,
c) Birthday Voucher.
The Organizer sends Vouchers at the Participant’s e-mail address and telephone number after fulfilling the prerequisites specified below, within 21 days from the day of fulfilling the prerequisites to be awarded a Voucher.
2. When making purchases at a Store, after the Participant provides their Account information, the Participant is credited Points in the amount of at least 1 point per 1 PLN.
3. The Participant receives a Welcome Voucher after registering to the Program. The Welcome Voucher entitles the Participant to receive a 50 PLN discount when making purchases at the Store for a minimum amount of 299 PLN.
4. The Participant receives a Birthday Voucher on the day specified in the registration form as their date of birth. The Birthday Voucher entitles the Participant to receive a 50 PLN discount when making purchases at the Store for a minimum amount of 299 PLN.
5. The Participant receives a Loyalty Voucher for every 800 Points accumulated for purchases at Stores after joining the Program. The Loyalty Voucher entitles the Participant to receive a 50 PLN discount when making a subsequent purchase at the Store. Upon accumulating 800 Points or upon the expiry of 365 days after joining the Program or zeroing the Points, the accumulation of Points commences anew (zeroing of Points).
6. The Welcome Voucher and Loyalty Voucher are valid for 90 days after being sent to the Participant. The Birthday Voucher is valid for 30 days after being sent to the Participant.
7. If a Participant does not use a Voucher within 30 days from its receipt, the Organizer shall send a reminder of the active usable Voucher at the Participant’s e-mail address or telephone number.
8. The Participant may use Vouchers only for making purchases of products in non-discounted collections.
9. Discounts granted by the Vouchers can be combined.
If the Points or Vouchers have been awarded contrary to the Terms and Conditions, the Organizer is entitled to invalidate a corresponding number of Points accumulated by the Participant or invalidate the issued Vouchers.
§ 6 Returns and Complaints of goods purchased as part of the Program
1. A Customer who is a Program Participant may return purchased goods in accordance with terms separately specified by the Organizer, subject to item 2 below.
2. In the event of returning goods whose purchase constituted a basis for awarding Points and issuing a Voucher, such Points are subject to deduction and a corresponding Voucher becomes inactive. This does not apply to situations where goods are returned as a result of a substantiated complaint.
3. In the event of once again exceeding the amount which entitles to use the Voucher, a Voucher becomes active which is confirmed by the Organizer with an sms / e-mail notification sent to the Participant.
§ 7 Duration of the Agreement
1. The Agreement is entered into for an unspecified time.
2. The Participant is entitled to terminate the Agreement and withdraw from participation in the Program at any time. A corresponding statement can be submitted: by unchecking the consent “I wish to participate in the Loyalty Program” under the “My account” tab, personally in a protocol at any of the Stationary Stores, via post at the Organizer’s address or via e-mail at [email protected]
3. The Organizer is entitled to terminate the Agreement maintaining a one month notice period, effective at the end of a calendar month, if the Organizer decides to abandon operating the Program. The Organizer is entitled to terminate the Agreement with immediate effect, if the Participant has in their registration form provided false information or has performed other illegal activities against the Organizer in connection with participating in the Program. Termination may be effected in writing or via e-mail at the Customer’s address.
§ 8 Personal data protection
1. In order to joint the Program, a Participant must fill out a corresponding form. There it is required to provide specific personal data. Also, in correspondence with the Organizer the Participant may provide their personal data in order to enable the Organizer’s response.
2. The provision of personal data is voluntary, but necessary to enter into an Agreement and take advantage of the benefits available in the Program.
3. Any personal data which the Participant enters into the registration form or provides in their correspondence with the Organizer is processed in accordance with requirements stipulated in Polish law, in particular the 29th of August 1997 Personal Data Protection Act.
4. The Organizer is the Administrator of personal data. In order to carry out the Program at Stationary Stores operated by Tatuum Partners the Organizer shall disclose the Participants’ personal data to said Tatuum Partners. The Tatuum Partners shall become administrators of the disclosed data. The Organizer may subcontract the processing of Customers’ personal data to another entity based on an agreement concluded in accordance with art. 31 of the 29th of August 1997 Personal Data Protection Act.
5. The Participant is entitled to access their personal data and verify or amend it, as well as delete their data by submitting a corresponding request to the Organizer. In relation to data disclosed to Tatuum Partners in accordance with item 4 of this section, the abovementioned requests should be directed towards the corresponding Tatuum Partner.
6. The Organizer processes the Participants’ personal data and uses it within the scope and for purposes essential to carry out the Program.
7.Based on additional and optional consent given by the Participant, the Organizer has the right to send at the Participant’s e-mail address or telephone number commercial information, including sent via end user devices (e.g. computer, server) and automated calling systems. The consent stipulated in the preceding sentence may be withdrawn by the Customer at any time.
8. Personal data collected by the Organizer may be transferred to authorized state authorities based on applicable legal regulations.
9. The Organizer incorporates technical measures required by current personal data protection regulations in order to prevent the acquisition and modification of electronically transmitted personal data by unauthorized persons.
§ 9 Complaint procedure
1. All complaints should be submitted at the e-mail address [email protected], via post directly at the Organizer’s address, or personally in a protocol at any of the Stationary Stores.
2.In the complaint it is necessary to provide the Participant’s data which enable response to the complaint, as well as a description of the event which is the basis for complaint.
3. The Organizer shall investigate complaints within 14 days from the
§ 10 Final provisions
1. These Terms and Conditions are provided without charge in electronic form through the Organizer’s website, in a version enabling their acquisition, reproduction and storage, as well as in hardcopy form at Stores.
2. The Organizer reserves the right to amend the provisions of the Terms and Conditions, if the necessity to implement changes arises directly from changes to legal regulations and in order to improve the quality of services provided. In the event of one of the above causes, the Organizer shall provide Participants, at the e-mail addresses they have given, with information of a planned change to the Terms and Conditions with a link redirecting to the new wording of the Terms and Conditions. Such information shall be sent to Participants at least one month prior to the effective date of the planned changes. Participants shall also be informed of changes to the Terms and Conditions through information published on the website at the address www.tatuum.com/pl, including a list of changes and dates of individual changes specified at the end of the Terms and Conditions.
3. In case of not accepting the changes to the Terms and Conditions, the Participant is entitled to withdraw from participating in the Program by sending a corresponding statement at the Organizer’s address.
4. The Parties undertake to resolve any disputes arising from the performance of these Terms and Conditions in the first instance through mutual agreement. In case of a lack of understanding, the disputes shall be resolved by a common court of appropriate jurisdiction in accordance with provisions of the 17th of November 1964 Civil Procedure Code.
5. The Terms and Conditions become effective on the date of their publication.