Partners Club Regulations

Information

TERMS AND CONDITIONS OF THE PARTNERS CLUB LOYALTY PROGRAM [ROMANIA]

This regulation ("Terms and Conditions") defines the terms and conditions of the Loyalty Program ("Program" or "Loyalty Program") for customers of SZOPEX-Dutkiewicz limited liability limited partnership with registered office in Olsztyn, ul. Kotańskiego 6, 10-166 Olsztyn, registered in the Register of Entrepreneurs conducted by the Olsztyn District Court, 8th Commercial Section of the National Court Register under number KRS 0000724788, NIP 7390202240, REGON 510525357 - which is the organizer of this program ("Organizer").

Contact details for Customers in Romania:

address for deliveries: SZOPEX-Dutkiewicz sp. z o.o. sp.k., ul. Kotańskiego 6, 10-166 Olsztyn (Poland);
telephone number of the Customer Service Department: + 40 312 294 652 - available on working days, during the working hours of the CSD indicated in the footer of each subpage of the Online Shop (charge as for a regular telephone call, depending on the tariff package of the service provider used by the Customer);
e-mail address of the Customer Service Department: [email protected].

The purpose of the Loyalty Program is to offer Participants special rewards for purchases made in stores owned by the Organizer, to provide Participants with dedicated promotions (prepared on the basis of the Participant's previous activity in stationary stores and online stores) and to inform Participants via electronic communication about these rewards and promotions, as well as about other events and contests prepared by the Organizer.

§ 1 Definitions

In these Terms and Conditions, the following capitalized terms shall have the meanings assigned below:

Registration Form - online form that allows registration in the Programme (provision of personal data and declaration of acceptance of the Terms and Conditions).
Account - service provided electronically by the Organiser in the Online Shops, according to the rules specified in their regulations.
Organizer - SZOPEX-Dutkiewicz sp. z o.o. sp.k., with registered office in Olsztyn, ul. Kotańskiego 6, 10-166 Olsztyn, entered in the Register of Entrepreneurs conducted by the Olsztyn District Court, 8th Commercial Section of the National Court Register under number KRS 0000724788, PIN 7390202240, REGON 510525357.
Product - a movable good that can be the subject of a sales contract between the Participant and the Organiser, which is included in the range of Online Shops.
Shop - means a brand, participating in the Loyalty Program, under which the Organizer conducts the sale of Products. The list of Shops is attached as Annex No. 1 to the Terms and Conditions.
Terms and Conditions - this document and its annexes.
Online Shop - a home delivery shop operated by the Organiser. The list of Online Shops is attached as Annex 1 to the Terms and Conditions.
Participant - an adult natural person with full legal capacity who has performed the actions referred to in § 3 para. 2 of these Terms and Conditions.

§ 2 General Provisions

The object of the Programme is:
To enable Participants to make purchases in the Shops at a special discount, based on the points collected, in accordance with the content presented in these Terms and Conditions;
The Organiser will send Participants personalised commercial information containing, among other things, dedicated commercial offers (based on the personal data provided and the Participant's activity in the Stationary Stores and Online Stores, in particular based on the purchase history), information about events and competitions and promotions organised by the Organiser, as well as other information for the purpose of promoting the Organiser's commercial activity.

Within the Loyalty Program, the Organizer distinguishes modules corresponding to individual Shops (brands). When registering for the Programme, the Participant selects the module according to his/her preferences. The selected shop (brand) will be marked in the system as "Main Shop" and the other brands as "Partner Shops". The selection of the Main Store results in the communication and receipt of information mainly related to the selected Store, and the Participant may exercise his/her rights and obligations under the Programme in any 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 Programme is intended only for natural persons of full legal capacity.
Participation in the Programme is subject to:
correct completion of the Application Form,
acceptance of these Terms and Conditions,
holding an active Account. 3.
When the Participant fulfils all the conditions indicated in paragraph 2 of this Article, an agreement shall be concluded between the Organiser and the Participant in accordance with these Terms and Conditions.
Participation in the Programme is free of charge and voluntary.
The Loyalty Programme is organised on the territory of Romania.
The Participant is obliged to participate in the Loyalty Program in a manner consistent with generally applicable laws, these Terms and Conditions, the principles of social conduct and good customs, which means, in particular:
1) the obligation to provide truthful personal data and the obligation to inform immediately of any changes thereto;

2) the obligation not to provide illegal content (e.g. content that infringes the personal interests and other rights of third parties);

3) not to use the Programme in a way that interferes with the use of the Programme by other Participants;

4) prohibiting unauthorised modification of content provided by the Organiser.

§ 4 Points

Firstly, by making purchases in the Shops, the Participant receives points, which can then be used to obtain a discount on subsequent purchases.
Points are awarded to the Participant from the moment of joining the Programme (i.e. from the moment specified in § 3 paragraph 3 of these Terms and Conditions). Points are awarded for the purchase of products marked by the Organiser in the Online Shops (marking on the product sheet), but the following are excluded from participation in the Programme in each case:
1) purchase of gift cards issued by the Organiser,

2) the cost of delivery of products to the Participant.

The Participant will receive 0.9 points for every 1 RON of the price of the Product purchased (e.g. if the Participant purchases Products worth 100 RON, he/she will receive 90 points).
Points for an order placed in the Online Shop are cancelled or expire in case of:
1) cancellation of the order placed in the Online Shop,

2) return of the Product by the Participant based on generally applicable laws or the Online Shop rules.

In the cases referred to in para. (4) points 1-2 of this paragraph, the points used when placing an order in the Online Store will be returned to the Account within 14 days.
Points earned by the Participant are valid for the entire duration of the Loyalty Program, provided that the Participant makes at least one purchase of the product in the Store within 12 months from the date of the last activation of points in the Account (in accordance with paragraph 8 of this paragraph).
The purchase, referred to in para. (6) of this paragraph does not extend the validity of the points if the points from this purchase are cancelled or expire in accordance with the procedure described in para. (4) of this subparagraph.
The Participant has the right to exchange points for a discount on future purchases, according to the ratio 20 points = 1 RON discount (for example, if the Participant makes a purchase of 100 RON and uses 300 points, he/she will receive a discount of 15 RON on the Product purchased). The Participant may use, for example, 40, 60, 80, 100 points, until all available points are used or until the maximum discount referred to in para. 11 of this paragraph).
The Participant may only dispose of active points. Points shall be activated 30 days after the date of receipt of the order.
In the case of purchase or order of more than one Product, points shall be counted proportionally for all Products subject to that order or purchase.
The discount, obtained as a result of loyalty program membership, regardless of the basis and method of calculation, may not exceed 50% of the current sale 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 delivery costs.
Each Participant will receive a bonus in the form of the possibility to earn additional Points on his/her birthday.
The Organiser has the right to conduct promotional activities or time-limited competitions that allow Participants to collect additional Points for performing certain actions (e.g. making a purchase within a certain time period, purchasing a certain type of product, participating in a competition). In each such case, the Organiser will clearly and legibly inform Participants of the conditions for obtaining additional Points (in particular by defining the rules of the promotion or competition).

§ 5 Complaints and out-of-court procedures for dealing with complaints and appeals

The Participant has the right to complain about the provision of services in a manner not in accordance with the Terms and Conditions or with generally applicable legal provisions.
Complaints may be submitted, for example, in the form of:
in writing to: SZOPEX-Dutkiewicz sp. z o.o. sp.k., ul. Kotańskiego 6, 10-166 Olsztyn (Polska);
by electronic message/e-mail, sent to: [email protected]

It is recommended that the complaint submitted includes at least: a description of the reason for the complaint, contact details to enable the exchange of information and the Participant's request.
The organiser will respond to complaints within 30 days, on paper or on another sustainable medium. The response to the complaint will be given in the same form in which the complaint was filed (unless the parties agree on a different form of response).
The Participant has the right to use out-of-court complaint and appeal procedures. Consent to participate in out-of-court consumer dispute resolution procedures is voluntary. In the event of such need, the Organiser shall submit a declaration of consent or refusal to participate in the procedures referred to in the preceding sentence, in written form or on another sustainable medium.
Detailed information on the possibility for the consumer to use out-of-court complaint and redress procedures (including rules on access to these procedures) is available on the websites of the relevant public authorities.
The consumer also has the right to use the European dispute resolution platform (ODR platform), available at https://ec.europa.eu/consumers/odr.

§ 6 Personal data processing rules - information clause

The administrator of the Participant's personal data is SZOPEX-Dutkiewicz sp. z o.o. sp.k. with registered office in Olsztyn, ul. Kotańskiego 6, 10-166 Olsztyn - KRS: 0000724788 (hereinafter also referred to in this paragraph as: "Administrator"). The Administrator's contact details are set out in the preamble to these Terms and Conditions.
The Administrator processes personal data under 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 repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as "GDPR".
The Administrator has appointed a Data Protection Inspector, who can be contacted by e-mail: [email protected] or by telephone: +48 511 793 443.
The Participant's personal data will be processed for the purpose of:
1) the conclusion of a contract and for the purpose of the performance of that contract (pursuant to Article 6 (1) (b) GDPR), and in particular for:

(a) Registration of Participants and processing of complaints;

(b) Sending personalized commercial information to Participants, as referred to in § 3 para. 1 para. 1) of these Terms and Conditions (on the basis of profiling, which must not, however, lead to decisions on the Participant being taken on the sole basis of automatic processing) and for the purpose of verifying the Participant's eligibility for the discount referred to in § 4 of these Terms and Conditions).

2) the fulfilment of obligations arising from tax and accounting legislation, pursuant to Art. 6 para. (1) lit. (c) of the GDPR;

3) the realisation of the legitimate interests of the Administrator (pursuant to Art. 6 para. (1) lit. (f) GDPR), which are:

direct marketing of the Administrator;
the possible establishment or pursuit of claims or defence against such claims;
the prevention of fraud and abuse and to ensure security;
archiving data for evidential purposes;
market analysis.
The recipients of the Participant's personal data may be entities that support the Administrator in carrying out marketing activities (e.g. entities responsible for sending mailings), IT solution providers (e.g. hosting service providers, software services) and entities that provide consulting services to the Administrator.
Personal data will be processed for the duration of the Contract, and the processing period may be extended each time by the limitation period for litigation resulting from generally applicable laws.
Each Participant shall have the right to access the content of personal data and to request rectification, erasure or restriction of the processing thereof, the right to transferability of data and the right to object to the processing of personal data in the case of: processing of data pursuant to Art. 6 para. (1) lit. (f) GDPR), processing for direct marketing purposes, including profiling, insofar as 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.
The provision of personal data is voluntary but necessary for the conclusion and performance of the contract.

§ 7 Termination of the contract and modification of the Terms and Conditions

The Participant may terminate the contract for the provision of the Loyalty Programme service at any time, without stating reasons, by sending a declaration to the Organiser in the following form: in writing (to the address of the Organiser's registered office), by e-mail sent to [email protected] or via a dedicated sub-page provided by the Organiser.
Submission by the Participant of any of the objections referred to in § 6 para. 7 of these Terms and Conditions shall result in the termination of the contract for the provision of the Loyalty Programme service, as of the date of submission of the statement to the Organiser (due to the fact that the provision of the service includes, among other things, the sending of personalised commercial information).
The Participant may at any time submit a declaration (in writing to the Organiser's registered office or by e-mail sent to [email protected]) requesting not to receive any further commercial information in the form of SMS or e-mail. However, the submission of such a declaration shall result in the termination of the Loyalty Programme service contract as of the date of submission of the declaration to the Organiser (due to the fact that the service provided includes, inter alia, the sending of personalised commercial information).
The Organiser may terminate the Loyalty Programme service contract with 14 days' notice for good cause, which are:
1) Change in the way of service provision for technical reasons;

2) Change in the scope of the services provided (modification, introduction of new services or withdrawal of services);

3) The Participant has been out of business for a period of 3 years;

4) Provision of false personal data by the Participant;

5) Violation by the Participant of generally binding legal regulations.

The Organiser has the right to amend these Terms and Conditions for important reasons, which are:
1) Changes in legal provisions or their interpretation by the competent courts, authorities or offices (provided that such changes have an impact on the legal relationship between the parties);

2) Change in the way services are provided for technical reasons;

3) Change in the scope of the services provided (modification, introduction of new services or withdrawal of part of the services);

Notwithstanding the provisions of this paragraph, the Organizer has the right to terminate the Loyalty Program at any time with 30 days notice.
The Organiser shall make the declarations referred to in paragraph. (4) - (6) of this paragraph by an e-mail message sent to the e-mail address of the Participant indicated during registration. By submitting the declaration of amendment to the Terms and Conditions, the Organiser attaches the full text of the Terms and Conditions as a PDF file. The amendment to the Terms and Conditions shall enter into force 14 days after the date of sending the amendment information. The modification of the Terms and Conditions does not affect the legal relationship between the parties prior to its entry into force.

§ 8 Withdrawal from the contract

Notwithstanding any other provisions of the Terms and Conditions, the Participant has the right to withdraw from the concluded remote contract.
The right referred to in para. (1) shall be granted within 14 days without giving any reason. The period for withdrawal from the contract shall expire 14 days after the date of conclusion - on the basis of these Terms and Conditions - of the distance contract.
In order to exercise the right to withdraw from the contract, the Participant must inform the Organiser of his/her decision to withdraw from the contract in an unequivocal statement (e.g. a letter sent by post or e-mail). The Participant may use the model withdrawal form, which is attached as Annex 2 to the Terms and Conditions, but it is not compulsory.
In order to comply with the withdrawal period, it is sufficient that the information on the exercise of the right to withdraw from the contract is sent before the expiry of the withdrawal period.
The participant does not incur any costs in connection with withdrawal from the remote contract.

§ 9 Final provisions

The Programme information on the website of the Organiser constitutes an invitation to conclude the contract.
The Organiser ensures the security of the processing of the Participant's personal data. The Organiser has implemented and uses the necessary physical, organisational and technological safeguards to ensure an adequate level of security of the personal data processed. The Organiser has implemented technical measures to prevent unauthorised persons from obtaining and altering personal data transmitted electronically (authentication measures, https protocol). The organizer protects personal data against third party access and disclosure, with the proviso that in certain situations the obligation to disclose such data may result from legal regulations. The use of the Organiser's websites is linked to the typical dangers associated with the use of the Internet, e.g. unauthorised access, unauthorised distribution, loss of data.
The rules are valid from 17.12.2022.
The Loyalty Programme service contract is concluded in Romanian.
The content of the Terms and Conditions is available to Participants free of charge in the corresponding tabs on the Shops' websites, from where Participants may at any time download the Terms and Conditions, view their content, as well as print them.
In matters not covered by these Terms and Conditions, the legal regulations normally applicable shall apply.

Annex 1 -
List of Participating Shops within PARTNERS CLUB

Store Name
Online shop address
BeRunner
https://berunner.ro/

Annex no 2
- model withdrawal form

(This form should only be completed and returned if you wish to withdraw from the contract)

To:
SZOPEX-Dutkiewicz sp. z o.o. sp.k. z siedzibą w Olsztynie
ul. Kotańskiego 6, 10-166 Olsztyn
POLSKA
e-mail: [email protected]

I/we hereby inform you (*) of my/our (*) withdrawal from the contract for the sale of the following goods(*) the contract for the delivery of the following goods(*) the contract for the performance of the following things(*)/provision of the following services(*):
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-
-

Date of contract(*)/date of receipt(*):
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Name and surname of consumer(s):
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Address of consumer(s):
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Signature of consumer(s) (only if this form is sent on paper):
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Date:
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(*) Delete as appropriate.

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