S’portofino Club Program Regulations

 

§ 1. DEFINITIONS

1. S’portofino – SAT sp. z o.o. with its registered office in Poznan, ul. Grochowska 27, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznan – Nowe Miasto and Wilda in Poznan, 8th Commercial Division of the National Court Register under KRS number 0000633957, NIP [taxpayer identification number]: 7792446406, REGON [National Official Business Register number]: 365284658.

2. Online Store – the store operated by S’portofino at www.sportofino.com, intended for Customers using the English, German, Italian, French, Romanian and Slovak versions of the Online Store.

3. Online Store Regulations – the regulations of the Online Store applicable to the language version and country in which the Customer makes a purchase, available here.

4. Regulations/S’portofino Club Regulations – this document setting out the rules of the S’portofino Club Program.

5. Program/S’portofino Club Program – S’portofino loyalty program intended for Customers, offering benefits on the terms set out in the S’portofino Club Regulations.

6. Consumer – an adult natural person having full legal capacity, making a purchase in the Online Store, where such purchase is not directly related to that person’s business or professional activity. For the purposes of the Regulations, a Consumer shall also mean a natural person conducting a sole proprietorship who enters into an agreement directly related to his/her business activity, where the content of that agreement indicates that it is not of a professional nature for that person, arising in particular from the subject matter of the business activity conducted by that person, made available pursuant to the provisions on the Central Register and Information on Business Activity.

7. Guest – a Consumer making purchases in the Online Store who does not have a Customer Account and has not joined the S’portofino Club Program.

8. Customer – a Consumer making purchases in the Online Store, having a Customer Account and using its functionalities on the terms set out in the Online Store Regulations, who has not joined the S’portofino Club Program or has resigned from participation in the Program.

9. Customer Account – an individual Customer account in the Online Store, used to place orders, manage order history and returns, and enabling participation in the S’portofino Club Program. The Customer Account contains information on the Member’s actions and activity in the S’portofino Club Program.

10. Member – any Customer who has a Customer Account and has joined the S’portofino Club Program.

11. Products – goods available in the Online Store’s offer.

§ 2. GENERAL PROVISIONS

1. The S’portofino Club Program is operated by S’portofino in the Online Store.

2. The purpose of the S’portofino Club Program is to provide Members with privileged access to dedicated benefits, promotional offers, special events and other privileges related to participation in the Program, including by providing Members with commercial information about selected offers and benefits before they are made available to other customers or on terms available exclusively to Members.

3. The S’portofino Club Regulations govern exclusively the rules of participation in the S’portofino Club Program. The general rules for using the Online Store are set out in the Online Store Regulations.

4. Participation in the S’portofino Club Program is voluntary, free of charge and constitutes an optional additional service provided by S’portofino.

5. S’portofino employees and members of the immediate families of S’portofino employees, i.e. descendants, ascendants, siblings and adopted persons, may not be Members.

§ 3. CONDITIONS OF PARTICIPATION AND REGISTRATION

1. A Customer who meets the requirements described below may join the S’portofino Club Program.

2. Participation in the S’portofino Club Program and obtaining Member status are conditional upon jointly:

a. having a Customer Account,

b. providing first name, last name and e-mail address in the form (identical to the e-mail address assigned to the Customer Account),

c. accepting the S’portofino Club Regulations and consenting to receive commercial information concerning the S’portofino Club Program at the e-mail address.

3. It is not possible to join the S’portofino Club Program without having a Customer Account.

4. Providing a telephone number is optional. Failure to provide a telephone number does not prevent joining the Program.

5. The Customer may join the S’portofino Club Program at any time by:

a. if the Customer does not have a Customer Account – checking the appropriate box (checkbox) during the Customer Account registration process in the Online Store,

b. if the Customer has a Customer Account – from the Customer Account panel, by completing the data and checking the appropriate boxes (checkboxes).

6. Providing an e-mail address and consenting to the sending by e-mail of commercial information concerning the S’portofino Club Program is a condition of participation in the S’portofino Club Program, as e-mail constitutes the primary communication channel between S’portofino and the Member.

7. Via the e-mail address, S’portofino provides the Member with information related to participation in the Program concerning granted benefits, available advantages, vouchers, invitations to events and other entitlements available to Members.

8. Via the e-mail address, S’portofino also provides the Member with information about offers, promotional campaigns and other benefits prepared by S’portofino, including information made available to Members before it is directed to other customers.

9. Withdrawal by the Member of consent to receive by e-mail information concerning the S’portofino Club Program is equivalent to resignation from participation in the Program (termination of the agreement), as it prevents the provision of information necessary to achieve the purpose of the S’portofino Club Program and thus prevents the purpose of participation from being fulfilled.

10. S’portofino reserves the right to verify the correctness of the data provided in the form for joining the S’portofino Club Program and to exclude a Member from the S’portofino Club Program if conduct contrary to generally applicable provisions of law or to the S’portofino Club Regulations is identified, in particular in the following cases:

a. providing incomplete or false data during registration,

b. using another person’s Customer Account without that person’s consent,

c. acting with the aim of committing fraud, including manipulating the mechanisms of the S’portofino Club Program.

§ 4. S’PORTOFINO CLUB BENEFITS

1. As part of participation in the S’portofino Club Program, Members are entitled to the benefits indicated in the benefits table.

2. The welcome discount and the permanent purchase discount are not cumulative and cannot be combined with other codes, discounts and promotions reducing the value of Products.

S’PORTOFINO CLUB BENEFITS TABLE

§ 5. HOW TO USE S’PORTOFINO CLUB PROGRAM BENEFITS

1. Use of the benefits available to a Member in the Online Store is conditional upon logging in to the Customer Account before finalizing the order (proceeding to the cart and making payment).

2. It is not possible to use Program benefits after an order has been placed if the Member has not fulfilled the identification requirement in the manner described above.

§ 6. RESIGNATION FROM PARTICIPATION IN THE PROGRAM

1. Resignation from participation in the S’portofino Club Program within 14 days from the date of joining the Program constitutes withdrawal from the agreement. In order to exercise the right of withdrawal, the Member should inform S’portofino of his/her decision by means of an unequivocal statement.

2. The statement of withdrawal from the agreement may be submitted:

a. in writing – sent to the S’portofino address,

b. electronically – sent to the e-mail address: customer@sportofino.com

c. using the digital withdrawal function in the Customer Account, available after prior login to the Customer Account, which is carried out in two steps:

• launching the function for withdrawal from the S’portofino Club Program agreement in the Customer Account, followed by completing the withdrawal statement form or confirming the automatically generated data,

• the statement of withdrawal from the S’portofino Club Program agreement is submitted upon confirmation of the withdrawal from the agreement.

3. The statement of withdrawal from the agreement in the form indicated in section 2(a)–(b) and above may be submitted using the form made available by S’portofino; however, this is not mandatory.

4. After receiving a statement submitted using the digital withdrawal function (section 2(c) above), S’portofino will send the Member, to his/her e-mail address, confirmation of its receipt containing the full text of the statement and the exact date and time of its submission.

5. To meet the deadline for withdrawal from the agreement, it is sufficient to send the statement in accordance with section 2 above before the expiry of the 14-day period.

6. Resignation from participation in the Program after 14 days from the date of joining the Program constitutes termination of the agreement and results in its immediate termination.

7. The notice of termination may be submitted in a form analogous to those specified in section 2(a)–(c) above, except that in such a situation the steps indicated in point (c) are carried out using the buttons activating the agreement termination function. The notice of termination may be submitted using the form made available by S’portofino; however, this is not mandatory.

8. The Member may also resign from participation in the Program (terminate the agreement) by:

a. withdrawing consent to receive by e-mail information concerning the S’portofino Club Program in the Customer Account settings (upon withdrawal of consent, the Member acquires Customer status),

b. deleting the Customer Account in the Customer Account settings,

c. sending a message to the e-mail address: customer@sportofino.com

9. Upon resignation from participation in the Program, the Member acquires Customer status, unless the Member has deleted the Customer Account – in such a case, the Member acquires Guest status.

10. Upon resignation from participation in the Program, the Member loses the right to receive the benefits indicated in the benefits table.

11. Resignation from participation in the Program does not affect the possibility of using benefits granted before the date of resignation and not used by the Member during his/her participation in the Program.

12. In the event of resignation from participation in the S’portofino Club Program that does not result from deletion of the Customer Account, the Customer Account is retained with its full functionality.

13. S’portofino points out that the ‘Unsubscribe’ function or another similar function made available directly by an external e-mail service provider in the mailbox interface may operate as a one-step function. This means that clicking such a function may result in the immediate transmission to S’portofino of an instruction to unsubscribe the Member, without the need for additional confirmation by the Member. Use of such a function results in resignation from receiving commercial information sent in connection with participation in the S’portofino Club Program and is at the same time treated as resignation from participation in the Program on the terms set out in § 6.

§ 7. COMPLAINTS

1. Complaints concerning the operation of the S’portofino Club Program may be submitted in writing to the address of S’portofino’s registered office or electronically to the e-mail address: customer@sportofino.com

2. The complaint should contain: the Member’s first name and last name, postal address and e-mail address, the grounds for the complaint, as well as the Member’s specific request related to the complaint submitted.

3. If the information indicated in the complaint is incomplete, before considering the complaint S’portofino will request that it be supplemented.

4. S’portofino will consider the complaint within 14 calendar days from the date of receipt of a properly prepared and complete complaint.

5. S’portofino will inform the Member of the outcome of the complaint by letter or e-mail, depending on the manner in which the complaint was submitted.

6. If the complaint is rejected, the Member may use out-of-court methods of dispute resolution and pursuing claims, as set out in the Online Store Regulations applicable to the relevant Online Store.

§ 8. AMENDMENTS TO THE REGULATIONS

1. S’portofino is entitled to amend the Regulations in the event of:

a. a change in provisions of law or their interpretation affecting the organization, operation or conditions of participation in the S’portofino Club Program;

b. the issuance of a court judgment or another act of a public administration authority requiring the provisions of the S’portofino Club Regulations to be adjusted;

c. the need to amend or remove provisions that have been deemed prohibited clauses or provisions infringing collective consumer rights;

d. the introduction of new functionalities on the Website which require the provisions of the S’portofino Club Regulations to be adjusted,

e. a change in the scope, manner of operation or rules for providing services under the S’portofino Club Program, in particular through the introduction of new benefits and functionalities;

f. technical, technological or organizational changes concerning the manner in which the S’portofino Club Program operates, including changes aimed at improving the security, quality or comfort of using the Program;

g. a change in S’portofino’s identification, contact or address details;

h. the need to clarify the provisions of the Regulations, remove interpretative doubts or improve their transparency, provided that this does not lead to a limitation of Members’ rights;

i. a change in S’portofino’s commercial policy concerning the operation of the Program, consisting in a change in the assortment, sales channels, network of Showrooms, manner of conducting sales, rules for organizing promotional campaigns or scope of benefits offered under the S’portofino Club Program, if an amendment to the Regulations is necessary to adapt the Program to such a change.

2. Amendments to the Regulations enter into force 14 days after Members have been informed of their introduction.

3. S’portofino will inform Members of an amendment to the Regulations by publishing the new content on the Website and sending the new content to the Member’s e-mail address.

4. A Member who does not accept amendments to the S’portofino Club Regulations may resign from participation in the S’portofino Club Program before the date on which the amendments enter into force (termination of the agreement).

5. Sales agreements for Products concluded before an amendment to the S’portofino Club Regulations shall be governed by the provisions thereof in force on the date the agreement was concluded.

6. An amendment to the Regulations does not affect rights acquired by Members before the date on which the relevant amendment enters into force.

§ 9. PERSONAL DATA

Information concerning S’portofino’s processing of personal data in connection with participation in the S’portofino Club Program is contained in the Privacy Policy available here.

§ 10. FINAL PROVISIONS

1. The Member is not entitled to transfer the rights and obligations related to participation in the S’portofino Club Program to another person.

2. Participation in the S’portofino Club Program is personal. The Member may not act through a representative when exercising rights arising from participation.

3. The minimum technical requirements necessary to use the S’portofino Club Program are identical to the requirements set out in the Online Store Regulations applicable to the relevant Online Store.

4. Information on specific risks related to the use of services provided electronically and on the technical measures used by S’portofino to protect and secure data (prevention of abuse) is contained in the Online Store Regulations and in the Privacy Policy available here.

5. The Member bears sole responsibility for negative consequences resulting from a breach of the security rules set out in the Online Store Regulations, in particular for loss of access to the Customer Account caused by making login details available to third parties.

6. With regard to providing the Member with necessary updates required to maintain conformity of the S’portofino Club Program, the rules set out in the Online Store Regulations shall apply.

7. The S’portofino Club Program is valid for an indefinite period. S’portofino has the right to terminate the S’portofino Club Program for important reasons, subject to informing Members at least 90 days in advance. Important reasons include:

a. a change in generally applicable provisions of law or their interpretation by state authorities or courts that has a direct impact on the Program and requires its termination,

b. the economic unprofitability of the Program, understood as a situation in which the costs of maintaining the Program or granting benefits permanently exceed S’portofino’s business benefits,

c. a change in S’portofino’s commercial or marketing strategy, including in particular a decision to replace the current Program with another form of loyalty program or another sales support model,

d. technical and technological reasons, such as the need to shut down, rebuild or replace IT systems used to operate the Program, if their continued operation in their current form is impossible or excessively costly,

e. the need to prevent abuse, where mass activities violating the rules of the Program or harming S’portofino’s interests are identified and cannot be eliminated by amending individual provisions,

f. the announcement of liquidation or cessation of business activity by S’portofino.

8. S’portofino will provide notice of termination of the S’portofino Club Program by publishing information on the Website and sending information to the Member’s e-mail address assigned to the Customer Account.