TERMS AND CONDITIONS OF PARTNERS CLUB LOYALTY PROGRAM
These regulations („Regulations”) shall define the terms and conditions of the loyalty program (“Program” or “Loyalty Program”) intended for customers of SZOPEX-Dutkiewicz sp. Z o.o. sp.k. based in Olsztyn at 6 Kotańskiego Street, 10-166 Olsztyn, entered into the Register of Entrepreneurs kept by the District Court in Olsztyn, 8th Commercial Division of the National Court Register under the number KRS 0000724788, NIP 7390202240, REGON 510525357 – which is the organizer of this program (“Organizer”).
The purpose of the Loyalty Program is to provide the Participants with special gratuities for making purchases at stores belonging to the Organizer, providing Participants with dedicated promotions (prepared on the basis of the Participant’s previous activity in brick-and-mortar stores and online stores) and informing the Participants via electronic means of communication about these gratuities and promotions, as well as about other events and competitions prepared by the Organizer.
§ 1 Dictionary of definitions
In the Regulations, the following capitalized terms shall have the meaning assigned to them below:
- Application Form– an online form that will allow for registration in the program (providing personal data and submitting a declaration of acceptance of the Regulations).
- Account– a service provided electronically by the Organizer in the Online Shops, on the terms set out in their regulations.
- Organizer– SZOPEX-Dutkiewicz sp. z o.o. sp.k. with headquarters in Olsztyn at 6 Kotańskiego Street, 10-166 Olsztyn, entered into the Register of Entrepreneurs kept by the District Court in Olsztyn, VIII Commercial Division of the National Court Register under the number KRS 0000724788, NIP 7390202240, REGON 510525357.
- Product– a movable item that may be the subject of a sales contract between the Participant and the Organizer, included in the assortment of stationary stores or e-stores.
- Store– means the brand participating in the Loyalty Program under which the Organizer conducts the sale of Products in a stationary or mail-order. The list of stores is attached as Appendix No. 1 to the Regulations.
- Regulations– this document with attachments.
- E-store– mail order store run by the Organizer. The list of Online Shops is attached as Appendix No. 1 to the Regulations.
- Stationary store– a stationary shop run by the Organizer.
- Participant– an adult natural person with full legal capacity, who performed the activities referred to in § 3 sec. 2 of these Regulations.
§ 2 General provisions
- The subject of the program shall be:
- Enabling Participants to make purchases in Stores with a special discount, based on collected points, in accordance with these Regulations;
- The Organizer sending personalized commercial information to the Participants, including dedicated commercial offers (based on the personal data provided and the activity of the Participant in stationary stores and in online stores, in particular based on the history of purchases), information about events, competitions and promotions conducted by the Organizer, and other information aimed at promoting the economic activity conducted by the Organizer.
- As part of the Loyalty Program, the Organizer distinguishes modules corresponding to individual Stores (brands). When registering in the Program, the Participant selects a module according to his preferences. The selected Store (brand) is marked in the system as “Main Store”, and the other brands as “Partner Stores”. The choice of the Main Store results in communication and receiving information concerning, to a large extent, the selected Store, while the Participant may exercise his rights and obligations under the Program in each of the Stores. The participant may change the selected module at any time by sending an e-mail to [email protected]
§ 3 Conditions of participation
- The program is intended only for adult natural persons with full legal capacity.
- The condition for participation in the Program shall be:
- correctly completing the Application Form,
- accepting these Regulations,
- an active Account.
- Upon the fulfillment by the Participant of all the conditions specified in sec. 2 of this paragraph, an agreement shall be concluded between the Organizer and the Participant in accordance with these Regulations.
- Participation in the Program is free and voluntary.
- The participant is obligated to participate in the Loyalty Program in a manner consistent with generally applicable provisions of law, these Regulations, principles of social coexistence and morality, which in particular means:
- the obligation to provide true personal data and the obligation to immediately inform about any change thereof;
- obligation not to provide illegal content (e.g., content that violates personal rights as well as other rights of third parties);
- prohibition of using the Program in a way that interferes with its use by other Participants;
- prohibition of unauthorized modification of the content provided by the Organizer.
§ 4 Points
- For making purchases in Stores, the Participant shall receive points that can then be used to obtain a discount on subsequent purchases.
- Points are awarded to the Participant from the moment of joining the Program (i.e., from the moment indicated in §3 section 3 of these Regulations). Points are awarded for the purchase of products marked by the Organizer in stationary stores and in online stores (marking on the product card), each time the following shall be excluded from participation in the program:
- purchase of gift cards issued by the Organizer,
- costs of delivery of products to the Participant.
- The Participant receives 1 point for each PLN 1 of the purchased Product price (e.g., if the Participant purchases Products for PLN 299, he will receive 299 points).
- Points for an order placed in the E-store or a purchase made in a Stationary Store are canceled or expire in case of:
1) canceling an order made in the E-store,
2) returning the product in the Stationary Store on the basis of the Organizer’s return policy.
3) return of the product by the Participant based on the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) or the regulations of the Online Store.
- In the cases referred to in clause 4 points 1-3 of this paragraph, points used when placing an order in the E-store or used when making a purchase at the Stationary Store will be restored to the Account within 14 days.
- Points obtained by the Participant shall be valid for the entire duration of the Loyalty Program, provided that at least one purchase of the product is made in the Stores within 12 months from the last activation of points on the Account (in accordance with clause 8 of this paragraph).
- The purchase referred to in clause 6 of this paragraph shall not extend the validity period of the points, if the points from this purchase are canceled or expire in the manner described in clause 4 of this paragraph.
- The Participant is entitled to exchange points for a discount for future purchases, according to the proportion of 20 points = PLN 1 discount (e.g., if the Participant makes a purchase for PLN 100 and uses 300 points, he will receive a PLN 15 discount on the purchased Product), whereby each time the number of used points may not be less than 20 and must be a multiple of this number (i.e., the Participant may use, for example, 40, 60, 80, 100 points, until all points are used or until the maximum value of the discount referred to in sec. 11 of this section is reached).
- The participant may only have active points. The points are activated after 30 days from the date of receipt of the order (in the case of online purchases) or from the date of purchase (in the case of purchases in a stationary store).
- In the case of purchasing or ordering more than one Product, points are calculated pro rata for all products covered by this order or purchase.
- The discount obtained on the basis of membership in the loyalty program, regardless of its basis and calculation method, may not exceed 50% of the current selling price of the Product or 50% of the total price of the Products (in the case of a single purchase of two or more Products). Points cannot be used to cover any shipping costs.
- Each Participant will receive a bonus on their birthday in the form of the possibility of obtaining additional Points.
- The Organizer is entitled to conduct promotional campaigns or contests for a limited time, enabling Participants to obtain additional points for performing specific activities (e.g., making a purchase within a specified time, purchasing a specific type of product, participating in a competition). In each such case, the Organizer will inform in a clear and legible manner about the conditions for obtaining additional points (in particular by defining the promotion rules or competition regulations).
- In the event that the Participant pays for Products purchased online in Euro currency, the provisions of this section shall apply accordingly, with the following modifications:
- The Participant receives 4 points for each EUR 1 of the purchased Product (e.g., if the Participant purchases Products for EUR 100, he will receive 400 points).
- The Participant is entitled to exchange points for a discount for future purchases, according to the proportion of 100 points = 1 EUR rebate (e.g., if the Participant makes a purchase for EUR 50 and uses 300 points, he will receive a rebate of EUR 3 on the purchased Product), whereby each time the number of used points may not be less than 100 and must be a multiple of this number (i.e., the Participant may use, for example, 100, 200, 300 points, until all points are used or until the maximum discount value is reached, as referred to in clause 11 of this paragraph).
- Where a Participant pays for Products purchased online in US Dollar (USD), the provisions of this section shall apply accordingly, with the following modifications:
- The Participant receives 4 points for each USD 1 of the purchased Product (e.g., if the Participant purchases Products for USD 100, he will receive 400 points).
- The Participant is entitled to redeem the points for a rebate for future purchases, according to the ratio of 100 points = USD 1 rebate (e.g., if the Participant makes a purchase for USD 50 and uses 300 points, he will receive a rebate of USD 3 on the purchased Product), whereby each time the number of used points may not be less than 100 and must be a multiple of this number (i.e., the Participant may use, for example, 100, 200, 300 points, until all points are used or until the maximum discount value is reached, as referred to in clause 11 of this paragraph).
- Payment for the Products, in the currencies specified in clauses 14-15 above, is possible only in selected E-stores (detailed information on payments for Products at Online Stores is available in the “Payment methods” tabs on the websites of individual E-stores).
§ 5 Complaints and out-of-court procedures for complaints and redress
- The Participant has the right to submit a complaint for the provision of the service in a manner inconsistent with the Regulations or generally applicable law.
- Complaints can be submitted directly to any of the Stationary Stores or sent:
- in writing, to the Organizer’s address:
SZOPEX-Dutkiewicz sp. z o.o. sp.k.
ul. Kotańskiego 6, 10-166 Olsztyn
with the note “Complaint:Loyalty program”
- in the form of an e-mail to the e-mail address:[email protected].
- It is advisable that the complaint should contain at least: a description of the reason for the complaint, contact details enabling the reply and the Participant’s request.
- The organizer will respond to complaints within 30 days, on paper or another durable medium. A response to a complaint will be given in the same form as the notification (unless the parties agree on a different form of response).
- The participant is also entitled to use extrajudicial means of dealing with complaints and redress.
- Pursuant to Art. 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2016, item 1059, as amended), the voivodeship inspector undertakes actions aimed at out-of-court resolution of a civil law dispute between the Consumer and the entrepreneur by:
- enabling the parties’ positions to be brought closer together in order for the parties to resolve the dispute,
- presenting the parties with a proposal to resolve the dispute.
- Pursuant to Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), permanent consumer arbitration courts at voivodeship inspectorates consider disputes over property rights arising from contracts concluded between Consumers and entrepreneurs. The rules of organization and operation of Permanent Consumer Arbitration Courts are set out in the Regulation of the Minister of Justice for the organization and operation of Permanent Consumer Arbitration Courts of September 25, 2001 (Journal of Laws No. 113, item 1214).
- Proceedings for out-of-court resolution of consumer disputes referred to in clause 6 of this paragraph shall be initiated at the request of the consumer or the entrepreneur, submitted by the entrepreneur to the voivodeship inspector appropriate for the place of business. Contact details of the provincial inspectorates of trade inspection can be foundathttp://www.uokik.gov.pl/wazne_adresy.php#faq595.
- Proceedings before a permanent consumer arbitration court referred to in clause 7 of this paragraph shall be initiated upon a request submitted to the relevant provincial inspectorate of trade inspection. Application forms are available at the secretariat of each permanent consumer arbitration court and on the websites of provincial inspectorates of trade inspection. Contact details of permanent consumer arbitration courts can be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596.
- The consumer is also entitled to use the online dispute resolution system. The website https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=PL contains a platform enabling out-of-court settlement of disputes between consumers and entrepreneurs by electronic means in the event of a dispute arising from an online sales contract or a contract for the provision of services (ODR Platform).
- Additional information on extrajudicial methods of dealing with complaints and redress as well as the rules of access to these procedures can also be obtained athttps://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
§ 6 Rules of personal data processing – information clause
- The administrator of the Participant’s personal data is SZOPEX-Dutkiewicz sp. z o.o. sp.k. with headquarters in Olsztyn at 6 Kotańskiego Street, 10-166 Olsztyn – KRS: 0000724788 (hereinafter: “Administrator”). The Administrator can be contacted in the following form: in writing (correspondence address: SZOPEX-Dutkiewicz sp. z o.o. sp.k., ul. Kotańskiego 6, 10-166 Olsztyn), electronic (by sending an e-mail to the following address: [email protected]), and by telephone (by calling: +48 504 075 034).
- The administrator processes personal data based on the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation – hereinafter referred to as “GDPR”.
- The controller has appointed a data protection officer who can be contacted via e-mail: [email protected]or by phone at:+48 511 793 443.
- The Participant’s personal data will be processed for the following purposes:
- to conclude a contract and to perform this contract (pursuant to Article 6 (1) (b) of the GDPR), and in particular for the purpose of:
- Registration of Participants and considering complaints;
- Sending to Participants personalized commercial information, referred to in § 3 sec. 1 point 1) of the Regulations (based on profiling, which will not, however, lead to making decisions towards the Participant based solely on automated processing) and to verify the Participant’s entitlement to the discount referred to in § 4 of these Regulations).
- performance of obligations arising from tax and accounting regulations, pursuant to art. 6 (1) (c) of the GDPR;
- implementation of the legitimate interests of the Administrator (pursuant to Article 6 (1) (f) of the GDPR), which are:
- Administrator’s direct marketing;
- possible determination or pursuit of claims or defense against such claims;
- counteracting fraud and abuse as well as ensuring security;
- archiving of data for evidence purposes;
- market analysis.
- The recipients of the Participant’s personal data may be entities supporting the Administrator in conducting marketing activities (e.g., entities responsible for mailing), IT solution providers (e.g., hosting service providers, software websites), and entities providing consulting services to the Administrator.
- Personal data will be processed for the duration of the Agreement, and the processing period may be extended each time by the period of limitation of claims, resulting from generally applicable provisions of law.
- Each Participant has the right to access the content of personal data and request their rectification, deletion or limitation of processing, the right to transfer data and the right to object to the processing of personal data in the case of: data processing based on art. 6 (1) (f) of the GDPR, data processing for direct marketing purposes, including profiling, to the extent that the processing is related to such direct marketing.
- The participant may lodge a complaint with the supervisory body dealing with the protection of personal data.
- Providing personal data shall be voluntary, but necessary for the conclusion and performance of the contract.
§ 7 Termination of contract and amendment to Regulations
- The Participant may terminate the contract for the provision of the Loyalty Program service at any time, without giving reasons, by sending a statement to the Organizer in the following form: in writing (to the address of the Organizer’s seat), an e-mail sent to [email protected]or through a dedicated subpage provided by the Organizer.
- The Participant’s submission of any objection referred to in § 6 clause 7 of these Regulations, results in termination of the contract for the provision of the Loyalty Program service, as of the date of submitting the statement to the Organizer (due to the fact that the subject of the service provided is, among others, sending personalized commercial information).
- The participant may submit a declaration at any time (in writing, to the address of the Organizer’s office or by e-mail sent to [email protected]), with a request to stop sending him commercial information via SMS or e-mail. However, submitting such a declaration shall result in terminating the contract for the provision of the Loyalty Program service as of the date of submitting the declaration to the Organizer (due to the fact that the subject of the service provided is, among others, sending personalized commercial information).
- The Organizer may terminate the contract for the provision of Loyalty Program services with a 14-day notice period, for important reasons, which are:
- Changing the method of providing services for technical reasons;
- Change of the scope of services provided (modification, introduction of new or withdrawal of some services);
- Participant’s inactivity for a period of 3 years;
- Providing false personal data by the Participant;
- Breach by the Participant of generally applicable law.
- The organizer is entitled to amend these Regulations for important reasons, which are:
- Change of legal provisions or their interpretation made by the competent courts, authorities or (if such a change affects the legal relationship between the parties);
- Change of the method of providing services for technical reasons;
- Change of the scope of services provided (modification, introduction of new or withdrawal of some services);
- Notwithstanding the provisions of this paragraph, the Organizer is entitled to terminate the Loyalty Program at any time, upon 30 days’ notice.
- The submission of declarations by the Organizer referred to in clauses 4-6 of this paragraph is made by e-mail sent to the Participant’s address provided during registration. When submitting a declaration of amendment to the Regulations, the Organizer encloses the consolidated text of the Regulations in the form of a PDF file. The amendment to the Regulations comes into force after 14 days from the date of sending the information about the change. The amendment to the Regulations does not affect the legal relationship between the parties before its entry into force.
§ 8 Withdrawal from the contract – statutory right
- Regardless of other provisions of the Regulations, the Participant is entitled to withdraw from the concluded distance contract based on the provisions of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
- The right referred to in clause 1 is due within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date of concluding – on the basis of these Regulations – a distance contract.
- In order to exercise the right to withdraw from the contract, the Participant must inform the Organizer of his decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by traditional mail or e-mail). The participant may use the model withdrawal form constituting Annex 2 to the Regulations; however, it is not obligatory.
- In order to keep the deadline for withdrawing from the contract, it is sufficient for the information regarding the exercise of the right to withdraw from the contract to be sent before the deadline for withdrawing from the contract.
- The participant does not bear any costs in connection with the withdrawal from the distance contract.
§ 9 Final provisions
- Information concerning the Program on the Organizer’s website constitutes an invitation to conclude an agreement referred to in Art. 71 of the Civil Code (they are not an offer within the meaning of generally applicable law).
- The organizer ensures the security of the processed personal data of the Participant. The organizer has implemented and applies physical, organizational and technological protection measures necessary to ensure an adequate level of security of the personal data processed. The organizer has implemented technical measures to prevent the acquisition and modification of personal data sent electronically by unauthorized persons (authentication measures, https protocol). The organizer protects personal data against third party access and disclosure, with the provision that in certain situations the obligation to disclose them may result from legal provisions. Using the Organizer’s websites is associated with typical threats related to the use of the Internet, e.g., unauthorized access, unauthorized distribution, loss of data.
- The Regulations shall be valid from January 15, 2022.
- The contract for the provision of the Loyalty Program service is concluded in Polish.
- The content of the Regulations is available to the Participants free of charge in the appropriate tabs on the Store’s websites, from where Participants can at any time: download the Regulations, view its content, and print it out. In addition, the Regulations are available in stationary stores and at the Organizer’s office.
- In matters not covered by the Regulations, generally applicable provisions of Polish law shall apply. The choice of Polish law on the basis of the Regulations does not deprive the Participant of the protection granted to him on the basis of provisions that cannot be excluded by way of an agreement between the Seller and the consumer, under the law that would be applicable under applicable law in the absence of choice.
Appendix No. 1 –
List of Stores participating in PARTNERS CLUB
The current addresses of stationary stores can be found in the appropriate tabs on the above-mentioned websites.
Appendix No. 2
– exemplary model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
SZOPEX-Dutkiewicz sp. z o.o. sp.k. based in Olsztyn
ul. Kotańskiego 6, 10-166 Olsztyn
I/We(*) hereby inform about my/our withdrawal from the contract of sale of the following items(*) contract for the supply of the following items(*) contract for specific work consisting in the performance of the following items(*)/for the provision of the following service(*)
Date of conclusion of contract(*)/receipt(*)
Consumer(s) name and surname
Consumer(s) signature (only if the form is sent in paper version)
(*) Delete as appropriate.