Loyalty Program Terms and Conditions www.loudresses.com

TABLE OF CONTENTS:

GENERAL PROVISIONS
DEFINITIONS
JOINING THE LOYALTY PROGRAM
RULES OF PARTICIPATING IN THE PROGRAM
PERSONAL DATA
TERMINATION OF THE LOYALTY PROGRAM, TERMINATION OF PARTICIPATION, WITHDRAWAL FROM THE PROGRAM
COMPLAINT PROCEDURE
FINAL PROVISIONS

These Terms and Conditions define the rules of operation and conditions of participation in the Loyalty Program organized by LOU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ. The Loyalty Program is addressed to Customers making purchases in the Online Store www.loudresses.com and aims to reward regular Customers for their purchasing activity and other actions taken in the Online Store. The Loyalty Program is voluntary and free of charge.

GENERAL PROVISIONS
1. These Terms and Conditions define the rules of operation and conditions of participation in the Loyalty Program.
2. The organizer of the Loyalty Program is the company LOU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Leszno (registered office address and correspondence address: ul. Usługowa 5, 64-100 Leszno, Poland); entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0001039749; registry court where the company's documentation is stored: District Court Poznań-Nowe Miasto i Wilda in Poznań, IX Commercial Division of the National Court Register; share capital: PLN 100,000.00; NIP: 6972311618; REGON: 302689485, email address: kontakt@lou.pl and contact telephone number: +48 22-873-88-88.
3. The Loyalty Program is valid until further notice.
4. The Loyalty Program is organized in the Online Store operated by the Organizer and available at the following internet address: https://www.loudresses.com.
5. The administrator of personal data processed in connection with the implementation of this Loyalty Program is the Organizer. Personal data is processed for the purposes, for the period and on the basis and principles indicated in section 5 of these Terms and Conditions. Providing personal data by the Customer, as well as registering an Account and using the Loyalty Program, is voluntary, however, failure to provide personal data necessary to use the Loyalty Program (registration of a Customer Account) results in the inability to participate in the Program and use its functionalities.
DEFINITIONS
1. The terms used in these Terms and Conditions and beginning with a capital letter mean:
  1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
  2. POINTS – virtual points recorded within the Customer Account, awarded to a Customer using the Program by the Organizer for concluded and paid Sales Agreements in the Organizer's Store or in exchange for other activities undertaken by the Customer in accordance with these Terms and Conditions. Points do not constitute a means of payment outside the Online Store.
  3. CUSTOMER ACCOUNT, ACCOUNT – an individual Customer account in the Online Store operated by the Organizer, in which the Customer's data and information about their activities within the Online Store and the Loyalty Program are collected, including in particular the current number of Points collected by the Customer, their purchase history and Points received and spent. The rules for registration and operation of the Account are set out in separate Terms and Conditions of the Online Store made available on its website.
  4. CUSTOMER – a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity, who makes purchases in the Organizer's Store and uses or intends to use the Loyalty Program in accordance with the conditions set out in these Terms and Conditions.
  5. CIVIL CODE – the Act of April 23, 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended).
  6. ORGANIZER, SELLER – LOU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Leszno (registered office address and correspondence address: ul. Usługowa 5, 64-100 Leszno, Poland); entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0001039749; registry court where the company's documentation is stored: District Court Poznań-Nowe Miasto i Wilda in Poznań, IX Commercial Division of the National Court Register; share capital: PLN 100,000.00; NIP: 6972311618; REGON: 302689485, email address: kontakt@lou.pl and contact telephone number: +48 22-873-88-88.
  7. PRODUCT – goods or services available in the Online Store and being or capable of being the subject of a Sales Agreement between the Customer and the Seller.
  8. LOYALTY PROGRAM, PROGRAM – a loyalty program for Customers operated by the Organizer in accordance with these Terms and Conditions through the Organizer's Stores.
  9. TERMS AND CONDITIONS – these Terms and Conditions of the Loyalty Program, available on the Online Store website.
  10. ONLINE STORE, STORE – the Organizer's online store operated at the internet address: https://www.loudresses.com.
  11. SALES AGREEMENT – the Seller's undertaking to transfer ownership of the Product to the Customer, with the Customer's undertaking to pay the Seller the agreed price for that Product.
JOINING THE LOYALTY PROGRAM
1. Any Customer making purchases in the Organizer's Store who has a registered Customer Account may use the Loyalty Program. The rules for registration and operation of the Account are set out in separate Terms and Conditions of the Online Store available at: https://loudresses.com/pl/about/regulamin-sklepu-internetowego-www-lou-pl-1.html/.
2. Upon creation of the Account, the Customer may collect and exchange Points within the Program in exchange for performing the activities provided for in these Terms and Conditions. Use of the Program and the collected Points is free of charge and voluntary.
3. A Customer using the Program is obliged to provide data consistent with the actual state of affairs. In the event of a change in the data provided, the Customer is obliged to update it immediately from the level of their Account or through direct contact with the Organizer, in particular via email at: kontakt@lou.pl or in writing to the address: ul. Usługowa 5, 64-100 Leszno, Poland.
4. The Customer is obliged to use the Program in accordance with its assumptions and purpose, in a manner consistent with the law and good morals, with respect for personal rights and copyrights and intellectual property of the Organizer and third parties. The Customer is prohibited from taking actions aimed at circumventing the conditions of participation and use of the Program set out in these Terms and Conditions.
5. A Customer may have only one Customer Account at a time. The Customer should keep their Account login details confidential from third parties. The Customer is prohibited from entrusting the Account to other persons, including through rental or lending.
6. The Loyalty Program does not cover purchases made as part of sales other than consumer sales, i.e. wholesale sales, B2B trade cooperation or on the basis of individually agreed commercial terms with the Customer (in particular individually agreed prices, discounts or payment terms), which by their nature exclude the possibility of participating in the Loyalty Program on general terms. Points are not awarded for Sales Agreements concluded on such terms.
RULES OF PARTICIPATING IN THE PROGRAM
1. The basic assumption of the Loyalty Program is for the Customer to collect Points for the purchase of Products or other activities provided for by the Organizer, which can then be exchanged in the Online Store for discounts in accordance with these Terms and Conditions.
2. The Customer may collect Points in the Program in the following ways:
  1. Making purchases – Points are awarded to the Customer for concluded and paid Sales Agreements in the Online Store according to the following conversion rate: 1 Point for each PLN 1.00 (in words: one zloty and 00/100) of the gross sale price of the Product (Points are calculated from the price of the Product, excluding delivery costs and other fees not constituting the sale price).
    1. Points are calculated from full zlotys, rounding down (for example, if the gross price of a Product in the basket is PLN 190.99, the Customer receives 190 Points).
    2. Points are awarded and credited to the Customer Account after 30 calendar days from the date of performance of the Sales Agreement (payment of the Order and delivery of the Product to the Customer).
  2. Other activities in the Online Store – Points are also awarded to the Customer for other activities undertaken in the Online Store:
    1. Newsletter subscription – 50 Points.
    2. Adding a Product review – 50 Points.
    3. Points are due to the Customer upon the first performance of a given activity with which these Terms and Conditions associate obtaining Points (e.g. first subscription to the Newsletter or first review of a given Product). The Customer is prohibited from taking any attempts to circumvent the above rules in order to obtain undue Points. The Organizer has the right to remove unduly awarded Points from the Customer Account if it determines in any way that the Points obtained were awarded in violation of the rules set out in these Terms and Conditions.
3. If, after awarding Points, the Organizer determines, based on objective circumstances (in particular the quantity, value or frequency of Orders, payment terms, content of separate commercial arrangements or sales documents), that a given Sales Agreement was concluded as part of a sale other than consumer sales, i.e. wholesale sales, B2B cooperation or on individually agreed commercial terms excluding participation in the Program in accordance with the above provisions of the Terms and Conditions (see section 3.6), the Organizer will inform the Customer thereof, indicating the reason, and deduct from the Account balance the Points awarded for that Sales Agreement, provided that the deduction does not apply to Points already exchanged for a discount used in a fulfilled Order.
4. Collected Points are permanently assigned to the Customer Account. Points are non-transferable and cannot be transferred to another Account or to a third party. Points cannot be exchanged for cash or cash equivalent.
5. In the event of withdrawal from the Sales Agreement by the Customer, regardless of the basis for such withdrawal, the Customer is not entitled to Points awarded for the Product from which they withdrew. If Points were awarded before the withdrawal from the agreement, they will be deducted from the balance on their Account after the Customer's withdrawal from that agreement.
6. The Customer may check the balance of their Points at any time after logging into their Account, i.e. in the appropriate tab in the Account settings, as well as during the Order placement in the Order Form – the cart page displays information about the total number of Points held.
7. The Customer may collect Points and use them throughout the entire period of validity of the Loyalty Program (i.e. until its cancellation), but no longer than for the period of holding and using the Account in the Online Store. Loyalty points do not expire.
8. Points can be exchanged for a discount to be used exclusively for purchases in the Organizer's Online Store according to the following conversion rate:
  1. 450 Points – 5% discount;
  2. 2000 Points – 10% discount;
  3. 5000 Points – 15% discount.
9. Exchange of Points for a discount may take place during the Order placement – after the Customer logs into their Account in the Online Store.
10. A Customer who wishes to pay with Points should select the appropriate option in the Order Form and provide the number of Points they hold that they wish to exchange for a discount. Subsequently, in the subsequent steps of the Order Form, the value of the Sales Agreement will be automatically reduced accordingly by the value of the discount selected by the Customer.
11. The Customer may use all Points held or only a part of them within one Order, provided that only one discount may apply per Order – in accordance with the conversion rate indicated in section 4.8 above. Discounts are not granted in fractional parts.
12. Upon payment with Points, the balance in the Customer Account is automatically reduced by the number of Points constituting the cost of the discount. The condition for the exchange is that the Customer holds a sufficient number of Points corresponding to the value of the selected discount.
13. The discount is one-time and reduces only the gross sale price of the Product, excluding delivery costs or other fees not constituting the price of the Product.
14. In the event of withdrawal by a Customer who is a consumer from the Sales Agreement without giving a reason in accordance with their statutory rights, Points for unused discount are restored to the Customer Account.
15. The Loyalty Program, including Points and discounts awarded under it, cannot be combined with other promotional campaigns and discounts in the Organizer's Store, unless the separate terms of a given promotion or discount state otherwise.

PERSONAL DATA

The administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Organizer (hereinafter: "Administrator"). Personal data is processed in accordance with applicable law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as "GDPR" or "GDPR Regulation".
The Administrator processes personal data for the purposes, for the period and on the basis of the principles set out in this section of the Terms and Conditions. Providing personal data is voluntary, however, failure to provide personal data necessary to participate in the Loyalty Program results in the inability to participate in it.

The Administrator may process personal data for the following purposes, on the following grounds and for the following periods:

Purpose of data processing	Legal basis for data processing	Data retention period
Implementation of the Loyalty Program by the Organizer	Article 6(1)(b) of the GDPR Regulation (contract) – processing is necessary to enable a given person to participate in the Loyalty Program by creating a Customer Account in the Online Store and using its functionalities in accordance with these Terms and Conditions, including also for ongoing, proper communication regarding participation in the Program with the data subject via electronic means of communication	Data is stored for the period of the person's use of the Loyalty Program functionalities, i.e. until the Customer Account in the Online Store is deleted or the Program is terminated in any manner.
Maintenance of accounting records	Article 6(1)(c) of the GDPR Regulation (legal obligation) in connection with Article 74(2) of the Accounting Act of 30 January 2018 (Journal of Laws of 2018, item 395, as amended) – processing is necessary to fulfill the legal obligation incumbent on the Administrator	Data is stored for the period required by law obliging the Administrator to keep accounting records (5 years, counting from the beginning of the year following the financial year to which the data relates).
Establishment, pursuit or defense of claims that may be raised by the Administrator or that may be raised against the Administrator in connection with the Loyalty Program	Article 6(1)(f) of the GDPR Regulation (legitimate interest of the administrator) – processing is necessary for the purposes arising from the legitimate interests of the Administrator – consisting of establishment, pursuit or defense of claims that may be raised by the Administrator or that may be raised against the Administrator	Data is stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the period of limitation of claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years).

In order to organize the Loyalty Program, the Administrator may need to use the services of external entities. The Administrator uses only the services of such processors who provide sufficient guarantees of implementation of appropriate technical and organizational measures, so that the processing meets the requirements of the GDPR Regulation and protects the rights of data subjects. The Administrator transfers data only when it is necessary to achieve a given purpose of personal data processing and only to the extent necessary to achieve it. Customers' personal data in connection with the use of the Program may be transferred to the following recipients or categories of recipients:
1. service providers supplying the Administrator with technical, IT and organizational solutions enabling the Administrator to conduct business activity, including the Loyalty Program (in particular suppliers of computer software for business operations, email and hosting providers, and software suppliers for company management and providing technical support to the Administrator) – the Administrator makes the collected Customer's personal data available to the selected supplier acting on its behalf only in cases and to the extent necessary to achieve a given data processing purpose consistent with this section 5 of the Terms and Conditions;
2. providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) – the Administrator makes the collected Customer's personal data available to the selected supplier acting on its behalf only in cases and to the extent necessary to achieve a given data processing purpose consistent with this section 5 of the Terms and Conditions.
Each data subject has the following rights:
1. Right of access, rectification, restriction, erasure or portability – the data subject has the right to request from the Administrator access to their personal data, rectification, erasure ("right to be forgotten") or restriction of processing, and has the right to object to processing, and also has the right to data portability. Detailed conditions for exercising the above rights are set out in Articles 15-21 of the GDPR Regulation.
2. Right to withdraw consent at any time – a person whose data is processed by the Administrator on the basis of consent given (on the basis of Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation) has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
3. Right to lodge a complaint with a supervisory authority – a person whose data is processed by the Administrator has the right to lodge a complaint with a supervisory authority in the manner and procedure specified in the provisions of the GDPR Regulation and Polish law, in particular the Act on the Protection of Personal Data. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
4. Right to object – the data subject has the right to object at any time – for reasons related to their particular situation – to the processing of their personal data based on Article 6(1)(e) (public interest or official authority) or (f) (legitimate interest of the administrator), including profiling based on these provisions. The Administrator shall no longer be permitted to process such personal data in such a case, unless the Administrator demonstrates the existence of compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for the establishment, exercise or defense of legal claims.
5. Right to object regarding direct marketing – if personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of their personal data for such marketing purposes, including profiling, to the extent that the processing is related to such direct marketing.
6. In order to exercise the rights referred to in this section 5 of the Terms and Conditions, you may contact the Administrator by sending an appropriate message in writing or by email to the Administrator's address indicated at the beginning of the Terms and Conditions.

TERMINATION OF THE LOYALTY PROGRAM, TERMINATION OF PARTICIPATION, WITHDRAWAL FROM THE PROGRAM
1. The Loyalty Program is valid for an indefinite period, i.e. until cancelled by the Organizer.
2. The Organizer reserves the right to terminate the Loyalty Program subject to the following conditions:
  1. The Organizer will inform Customers using the Program about the date of termination of the Loyalty Program with 2 months' notice via email and through an appropriate notice on the Customer Account.
  2. Termination of the Program by the Organizer will not affect the benefits granted to the Customer under the Program, including the expiry date of Points collected in the Account. Customers will be entitled to redeem collected Points, including using their due discounts, in accordance with the original expiry date resulting from these Terms and Conditions.
  3. Upon the expiry of the last day of the Loyalty Program, it will no longer be possible to collect new Points.
3. The Organizer reserves the right to suspend the Customer Account and the related Program functionalities for a given Customer only for important reasons, i.e. when the Customer, despite a request from the Organizer stating the reason, violates these Terms and Conditions and the rules of participation in the Program set out therein.
  1. Suspension of the Account and Program functionalities may occur for a specified period indicated by the Organizer or for an indefinite period (until the reason for suspension ceases). The Organizer informs about the suspension via an email message sent to the address assigned to the Customer's Account.
  2. During the suspension, it is not possible to log in to the Account, collect Points or use other privileges of the Loyalty Program.
  3. During the suspension, the Customer is obliged to take actions aimed at removing the reasons for suspension, and after their removal, the Customer is obliged to immediately inform the Organizer thereof. The Organizer will unblock the Account and Program functionalities immediately after the reason for their suspension ceases, no later than within 5 Business Days.
  4. In the event of a suspension lasting more than 30 calendar days and the reasons for suspension not ceasing, the Organizer has the right to terminate the Customer's participation in the Loyalty Program (terminate the agreement for using the Customer Account) with a 7-day notice period. Termination occurs by means of a declaration sent via email message to the address assigned to the Customer's Account. Upon the expiry of the notice period, the Customer Account is liquidated and the data assigned to it, including Points in the Program, are deleted.
4. The Customer may, at any time and without giving a reason, withdraw from participation in the Loyalty Program by deleting their Account in accordance with the Terms and Conditions of the Online Store, for example by sending an appropriate declaration to the Organizer via email at: kontakt@lou.pl or in writing to the address: ul. Usługowa 5, 64-100 Leszno, Poland.
  1. The Customer's withdrawal from the Account and the Loyalty Program takes effect immediately.
  2. The consequence of withdrawal from the Account and the Loyalty Program is the liquidation of the Customer Account, and thus the inability to log in further and the permanent deletion of data assigned to it, including accumulated Points.
COMPLAINT PROCEDURE
1. Complaints related to the Loyalty Program, including any reports regarding the use of the Customer Account, may be submitted by the Customer, for example, via email at: kontakt@lou.pl or in writing to the address: ul. Usługowa 5, 64-100 Leszno, Poland.
2. It is recommended to include in the complaint description as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity, the complainant's expectations and contact details – this will facilitate and expedite the processing of the complaint by the Organizer. The requirements set out in the preceding sentence are merely recommendations and do not affect the validity of complaints submitted without the recommended description.
3. If the contact details provided by the complainant change during the complaint process, the complainant is obliged to notify the Organizer thereof.
4. The complainant may attach evidence (e.g. photos, documents) related to the subject of the complaint to the complaint. The Organizer may also ask the complainant to provide additional information or send evidence (e.g. photos) if this will facilitate and expedite the processing of the complaint by the Organizer.
5. The Organizer will respond to the complaint immediately, no later than within 14 days from the date of receipt of the complaint.
FINAL PROVISIONS
1. The law applicable to the Loyalty Program is Polish law.
2. The Organizer reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes in law; being subject to a legal or regulatory obligation; changes to the Points conversion rate in the Loyalty Program; addition, modification or removal of benefits covered by the Loyalty Program; improvement of the quality of service or security of Customers in connection with their participation in the Program; changes to the Organizer's data; development of the Online Store, including Customer Accounts and their functionalities – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The amended Terms and Conditions are binding on the Customer if the requirements set out in Articles 384 and 384¹ of the Civil Code are met, i.e. the Customer has been properly notified of the changes and has not terminated their participation in the Loyalty Program (in particular, has not deleted their Account) within 15 days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any fees, a Customer who is a consumer has the right to withdraw from the agreement. Amendments to the Terms and Conditions do not affect the Customer's acquired rights, including already concluded, ongoing and performed Sales Agreements and Points and discounts awarded to Customers.
3. Matters not regulated in these Terms and Conditions shall be governed by the provisions of the Civil Code and other relevant provisions of generally applicable Polish law.

The above Terms and Conditions apply to the Loyalty Program operated in the online store loudresses.com