TERMS AND CONDITIONS OF THE BONUS PROGRAM OF WOLW-POL SP. Z O. O.
§1. Definitions
The following terms used in the Terms and Conditions have the following meanings:
1.1. Terms and conditions - Terms and conditions of the Bonus Program of WOLW-POL sp. z o.o. (a limited liability company) with a registered office in Warsaw, Poland.
1.2. Buyer - a natural person with full legal capacity, who has an account in the Online Store and has made at least 1 (one) purchase.
1.3. Program Participant (hereinafter Participant) - a buyer who has agreed to these Terms and Conditions by registering to accumulate bonus points within the Vitkac Bonus Program.
1.4. Organizer - the WOLW-POL sp. z o.o. - a limited liability company with a registered office in Warsaw, Poland.
1.5. Program Participant's Account or Participant's Account - a buyer's account created, based on Buyer's invitation to participate in the Vitkac Bonus Program sent by the Program Organizer.
1.6. Regular Customer - any Participant with an active Participant account assigned to one of the levels of the Bonus Program.
1.7. Online store - means the online store operated by the WOLW-POL sp. z o.o. company with its registered office in Warsaw.
1.8. Bonus Points or Points - points awarded to the Participant for the purchase of products from the online store.
1.9. Products - all products of the commercial offer which are available in the online store excluding shipping costs in the online store.
1.10. Partner of the Program - means the companies cooperating with the online store run by the WOLW-POL sp. z o.o. company based in Warsaw.
1.11. Settlement period - a period of 13 months prior to the current date, excluding the last 30 days, calculated separately for each Participant Account.
1.12. Procedure for assigning levels in the Bonus Program - the procedure associated with the individual Participant's Account, in which, after a period of 30 days from the achievement of the turnover in the settlement period necessary for acquiring a certain level in the Bonus Program, the current Threshold is specified and the Participant is assigned to a particular Level.
1.13. Purchase Thresholds - The maximum amount of money required to achieve and/or maintain Levels in the Bonus Program.
1.14. Levels in the Bonus Program - rewards for reaching Purchase Thresholds named Bronze, Silver, Gold and Platinum. A program participant may reach these thresholds and receive certain privileges, as specified in the Terms and conditions.
§2 The idea of the Bonus Program
2.1. Membership and participation in the Bonus Program are free of charge, completely voluntary and do not oblige Program Participants to provide any benefits to the Organizer, which is the Wolw-Pol Sp. z o.o. company, based in Warsaw, 53 Górczewska Street.
2.2. The purpose of this program is to give special recognition to our loyal customers who appreciate the quality of the products we offer. This is reflected in the amount and value of purchases made in the Online Store.
2.3. These terms and conditions contain the conditions for participation in the Program and apply to the Organizer and Participants since their announcement in the stores of Wolw-Pol Sp. z o.o. and on websites: www.dieselshop.pl, www.vitkac.com and www.likusconceptstore.pl for an indefinite period, subject to the possibility of suspension or termination by the Organizer at any time without giving reasons.
§3. Terms and conditions for joining the program:
3.1. Only natural persons with full legal capacity can participate in the program.
3.2. The status of a Regular Customer is granted to a participant of the program who has an active Participant Account represented by assignment to one of the thresholds detailed in par. §2 and also has or has had bonus points in his/her Participant Account.
3.3 The Buyer will receive an invitation to participate in the Bonus Program when he/she has purchased goods in the Online Store during the settlement period for the amount indicated in par. §5 5.12, which allows joining the lowest threshold. Depending on the amount spent during the settlement period, the Buyer will receive an invitation to join one of the four Levels in the Bonus Program. The Program offers each Participant the opportunity to maintain their Level in the Program or to reach a new (higher) Level in accordance with the Threshold Award Procedure for the separate settlement period. In addition, the Program provides for the possibility of losing the awarded Levels when the value of purchases during the settlement period falls below the amount assigned to the lowest Threshold.
3.4. Level changes (Bronze, Silver, Gold, Platinum) are possible each time after 30 days of achieving a certain turnover in an individual settlement period. The requirements and privileges of each Level are detailed in par §5 5.12.
3.5. The participant must fill out the registration form legibly, completely and truthfully so that the Organizer can check the data at any time. The participant is responsible for the accuracy of the data entered.
3.6 The Organizer reserves the right to refuse registration in justifiable cases, such as incomplete or incorrect data provided.
3.7 Joining the Program is possible by accepting the invitation to participate in the program and agreeing to the terms and conditions of the program in the buyer`s account.
3.8 To effectively participate in the Program, you must agree to these terms and conditions of the Bonus Program offered by the Organizer (available on the Organizer's website) and agree to receive commercial offers via electronic means of communication.
3.9 Giving your consent and providing your email address and other personal information is voluntary, but required to participate in the Program.
3.10 The consents referred to in §3 sections 3.7 and 3.8 of these terms and conditions may be given during online registration. The Program Participant becomes eligible to use the Program services only upon full registration in accordance with the provisions of this paragraph (after logging into his/her registered account).
§4. Status of the Regular Customer
4.1. Upon fulfilment of the conditions set out in §3, the Program Participant is entitled to begin accumulating a pool of Bonus Points granted by the Program and allotted to the designated Regular Customer Account.
4.2 The use of the Participant's Account and the accumulation of reward points by anyone other than the designated owner of the account is a violation of the General Terms and Conditions.
4.3 The Participant is obliged to inform the Organizer of any loss of access to the Participant account or of any suspected account abuse by a third party.
4.4 Participant undertakes to notify the Organizer of any changes to his/her personal data. In the absence of notification of changes to personal data, the Organizers are not responsible for delays or omissions due to failure to update data.
4.5 The Organizer is not responsible for the negative consequences resulting from incorrect or incomplete information in the registration form, as well as for the loss of access to the Account, which led to the inability of the Organizer to ensure the proper use of the Program by the Participant.
4.6 The benefits associated with the Participant's named account will become effective upon receipt of an invitation from the Organizer, acceptance of the invitation, and acceptance of the Bonus Program Conditions.
4.7 The program offers 5 levels (Paper, Bronze, Silver, Gold and Platinum). Its eligibility is based on an individual purchase threshold calculation based on the value of transactions completed during the settlement period, that is the period based on 13 months prior, excluding transactions completed in the last 30 days.
4.8 Named qualification for each Level is implemented according to the Procedure for Awarding Levels in the Bonus Program.
4.9 If a Participant fails to make transactions for the minimum amount accordant with his/her current Purchase Threshold during a settlement period, the Participant will automatically lose his/her awarded Level and the system will qualify him/her for the currently available Level in accordance with the Level Award Procedure. A regular Customer is given another chance to reach a higher level in a given settlement period.
4.10 A regular customer who has not achieved the required purchase threshold to reach the Bronze level in a given settlement period is automatically qualified for the Paper level and may be re-qualified for the Bronze level (or higher) if, within a period not longer than the new settlement period, he/she makes purchases with a value that qualifies him/her for the specified level. Qualification to the higher level will occur automatically when the applicable transaction amount (purchase threshold) is exceeded.
4.11 The Participant's Account contains information about transactions made, points accumulated, and active points for purchase from the Online Store. Items purchased in the online store can be returned from the Participant’s account.
§5 Points
5.1 Bonus Points earned from transactions made can be used for the next purchases from the Online Store. Points are calculated based on the value of the order at the amount specified at the level to which the user belongs. The discount amount will be converted into points according to the currency in which the Customer made the purchase.
5.2 Each 1 (one) point accumulated in the Participant's Account is equivalent to 1 (one) zloty (or other currency in which the transaction was made).
5.3 When calculating the number of Points a Participant will receive for a transaction, the transaction amount will be rounded up to the nearest 1 zloty or other currency in which the transaction was made.
5.4 Unused points will expire after 90 days from the date of awarding Points for transactions made.
5.5 If the Participant cancels the transaction and the full purchase price of the product is refunded to the Participant, the number of Points accumulated in the Account will be reduced by the number of Points accumulated when the Product was purchased.
5.6 In the case of partial cancellation of a transaction by a Participant resulting in a partial refund of the purchase price of the product to the Participant, the number of points accumulated in the account is reduced by the number of points earned on the purchase of this product.
5.7 Points are not exchangeable for cash.
5.8 The Participant can check the status of points in their Participant Account.
5.9 Points for purchasing goods from the online store will be activated in the participant's account 30 days after the transaction date. Points earned from the online store transactions are available 30 days after the transaction that earned the points.
5.10 Depending on the value of the transactions, participants can qualify for Paper, Bronze, Silver, Gold, or Platinum levels. At each level, the participant is entitled to different privileges:
Paper Level
- points are awarded only if you reach at least Bronze level
- a Regular Customer account is maintained, where the Participant has access to the
purchase history and current purchase thresholds calculated during the settlement
period
- the participant may use product shipping and returns of products within the
participant’s account
Bronze Level
- points are calculated based on 5% of order value
- access to exclusive sales that are not available to non-participating customers
- access to sales 24 hours before other Buyers
- free delivery for 1 month from the moment you qualify for the level
Silver Level
- points are calculated based on 10% of order value
- access to exclusive sales that are not available to non-participating customers
- access to sales 48 hours before other Buyers
- free delivery for 3 months from the moment you qualify for the level
Gold Level
- points are calculated based on 15% of order value
- access to exclusive sales that are not available to non-participating customers
- access to sales 72 hours before other Buyers
- free delivery for 6 months from the moment you qualify for the level
- free invitations to events organized by Vitkac
Platinum Level
- points are calculated based on 20% of order value
- access to exclusive sales that are not available to non-participating customers
- access to sales 72 hours before other Buyers
- free delivery for 12 months from the moment you qualify for the level
- free invitations to events organized by Vitkac
- codes and discount vouchers to be used with program partners
5.11 A participant at each level is entitled to accumulate points in the same way.
5.12 The limits (or so-called Purchase Thresholds) for acquiring subsequent Levels are calculated backwards over a period of up to 13 months, not counting the last 30 days. Here are the purchase thresholds for reaching the next level:
The Paper Level is given to the Participants each time they enter the program, but the value of transactions made during the settlement period will not exceed the Bronze level enrollment amount.
The Bronze Level will be awarded to the participant for each transaction with a value if the buyer registers with the online store during the settlement period and makes a purchase of PLN 2,000.00 before the end of the settlement period.
The Silver Level will be awarded to the participant for each transaction with a value if the buyer registers with the online store during the settlement period and makes a purchase of PLN 5,000.00 before the end of the settlement period.
The Gold Level will be awarded to the participant for each transaction with a value if the buyer registers with the online store during the settlement period and makes a purchase of PLN 10,000.00 before the end of the settlement period.
The Platinum Level will be awarded to the participant for each transaction with a value if the buyer registers with the online store during the settlement period and makes a purchase of PLN 20,000.00 before the end of the settlement period.
§6 Use of Points
6.1 The Program Participant status entitles Participants to use a range of privileges and promotional campaigns offered exclusively to Program Participants.
6.2 The current pool of Points left to be used is always visible in the Participants profile page after logging in to the Participant’s Account – Points can be used to obtain a discount on purchases (up to 30% off at a time) in the form of a value discount.
6.3 The value of the product is defined as the price which the Participant pays for the purchased product.
6.4 The Organizer reserves the right to exclude products from awarding a value discount on their purchase to the Participant’s account.
6.5 As part of the “pay with points” option the Program Participant obtains a discount of up to 30% off the value of the shopping bag (regardless of the transaction’s currency) by using the accumulated Points. When the number of accumulated Points is higher than the number of Points used for the “pay with points” option, the Program Participant can use the remaining Points for subsequent transactions.
6.6 In the case of returning a product bought using the “pay with points” option, the Participant will not recover the points used during the transaction – the Participant will not be able to use those points again. The refund will apply only to money paid by the Participant in the transaction made.
6.7 In the case of using the “pay with points” option when the shopping bag includes products excluded from being used to award a value discount to the Participant’s account, the points will be used proportionally to amount to a discount on each full-priced product that is not on sale or discounted.
6.8 The status of a Regular Customer comes with privileges and access to additional promotional discounts and special offers not available outside the Program. Special offers will be sent to Program Participants ahead of time, which will allow them to enjoy exclusive offers and discounts.
§7 Responsibility of the Participant
7.1 Any violation of the provisions of these Terms and Conditions in any capacity by the Program Participant, failure to make payment for the purchased Products, dishonest conduct aimed at ineligible acquirement of Bonus Points, providing false information, as well as behavior that violates the Terms and Conditions of the Online Store can result in a temporary suspension of the Account of the Program Participant or terminating his/her participation without notice or compensation, including the annulment of all Points accumulated on the Program Participant’s Account.
7.2 The Participant can make a complaint about measures undertaken on the basis of section 1 of this Paragraph in accordance with the provisions of §7. The suspension or deletion of the Participant’s Account does not affect the ability of the Organizer or Program Partners to assert their rights under applicable law.
7.3 During the suspension of the Participant’s Account, exercising the rights resulting from the Program is not possible. During the suspension of the Account, the Program Participant is obliged to take action to eliminate the causes of the suspension and to notify the Organizer immediately after they are eliminated. The Organizer reactivates the Participant’s Account immediately after the elimination of the cause of its suspension, not later than within 14 calendar days.
§8 Suspension or termination of the Program
The Organizer has the right to pause providing the Bonus Program (Pause). The Organizer will notify the Program Participant about any planned pause through publishing information about the said Pause on the web pages of the Online Store with a notice of at least 3 days. The Organizer can additionally inform Program Participants by an e-mail sent to the e-mail address of the Program Participant or by other electronic communication channels indicated by the Participant. Regular Customers can choose the preferred electronic communication channels in the Account’s settings.
- In the case of an unplanned Pause, the Organizer will make every effort to restore the functioning of the Program.
The Organizer has the right to suspend or terminate the Program for valid reasons at any time, which will be communicated to Participants by publishing information about the planned Termination of the Program on the web page of the Online Store with a notice of at least 14 days. The Participant has the right to use Points awarded before the date of obtaining information about the termination of the Program until the day of the Program’s termination. The valid reasons mentioned above include:
a) A change in the provisions of applicable law (or a change in their interpretation) affecting the functioning of the program in any way,
b) significant changes in the market situation,
c) a change in the Organizer’s trading or marketing strategy,
d) a significant change in the Organizer’s economic situation,
e) the need to modify, reorganize or replace IT systems,
f) the need to prevent misuse,
g) the liquidation of the Organizer’s company,
h) the termination of the present Program in order to implement a new one.
- During the suspension or after the termination of the Program, Points will not be awarded / deducted.
§9 Complaints
- The Program Participant is entitled to make complaints about the Program (hereinafter referred to as the Complaint).
- Complaints should be sent via electronic mail to: customerservice@vitkac.com
- Complaints will be handled according to the following complaint procedure:
a) the complaint should be submitted no later than within 7 calendar days from the occurrence of the event;
b) it is recommended to send the complaint from an e-mail address linked with the Program Participant Account;
c) it is recommended to send the complaint to customerservice@vitkac.com
- In order to make their handling more efficient, complaints should include information that helps to clearly identify the individual Client (name and surname, address / contact information, date of birth, etc.), as well as a description of the event that is of concern and the expectations regarding the Organizer’s actions when resolving the complaint;
- The Organizer reserves the right to contact the Client and supplement the information if it is deemed insufficient to resolve the submitted complaint;
The Organizer will handle the complaint immediately, but no later than within 30 days, and will notify the Participant immediately about the manner of resolving the complaint in the same form in which it was submitted.
- Submitting a complaint does not exempt the Buyer from the fulfillment of relevant obligations towards the Online Store.
- Rejection of the claims put forward during the complaint procedure or the expiration of the period mentioned in §9.7 does not affect the right to pursue these claims in the common court.
- The rules laid down in the present paragraph 9 concerning the manner of submitting and resolving complaints are for information purposes only and are meant to make the handling of the complaint more efficient; the requirements do not affect the rights of consumers in any way.
§10 Right to withdraw
10.1 When joining the Program, the Participant has the right to withdraw from the agreement on participating in the Program without stating any reasons within 14 days from entering the agreement (that is from the moment the Participant receives the registration confirmation to the e-mail address indicated in the form), pursuant to the requirements of the Act of 30 May 2014 on consumer rights.
10.2 In order for the right to withdraw described in section 1 of the present paragraph to be implemented, the Participant should report the wish to withdraw from the agreement on taking part in the Program by submitting an appropriate Statement via electronic mail to the Organizer’s e-mail address: customerservice@vitkac.com
10.3 In order to exercise the right to withdrawal, the Participant can use the withdrawal form template constituting Appendix No. 1 to these Terms and Conditions.
§11 Changes to Terms and Conditions
- Program Participants acknowledge and accept the fact that the Program can be changed at any time. Any changes to the Terms and Conditions and to the functioning of the Program will be announced to the Participants in each case via the Participant account and/or electronic means of communication within 14 days of the changes coming into force.
- The Participant has the right to resign from participating in the Program in accordance with the present Terms and Conditions. Further participation in the Program after the changes are in force implies their acceptance. Participants who do not agree to changes in the Terms and Conditions can resign from participating in the Program using the procedure indicated in §10 of the Terms and Conditions.
- Changes in the Terms and Conditions do not affect the Participant’s rights acquired prior to the changes coming into force.
§12 General information
- Program Participants can resign from participating in the Program without stating any reasons. In order to resign Participants should select “I am resigning from the Vitkac Club” after logging into the Account.
12.1. Resigning from the Program means the deletion of the account and loss of the total number of Points accumulated as part of the Program with no possibility of transferring the points to a different account or recovering them.
12.3 Program Participants do not have the right to request the withdrawal of the equivalent of awarded Points or to transferring the equivalent of those Points as part of the Participant Account.
12.4 The Organizer’s responsibility as part of the Program is limited to the currently available number of (unused) Points on the Participant’s Account that is not subject to a complaint or annulment on the part of the Participant or any Program Partner.
- All technical support inquiries or technical issues should be reported to customerservice@vitkac.com
- All inquiries about partnering as part of the Bonus Program should be sent to customerservice@vitkac.com
§13 Personal Data
13.1 The personal data provided will be processed in accordance with 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 (GDPR), in particular with art. 5 of the above-mentioned Regulation, for the purpose of implementing the Company’s Bonus Program.
13.2 The Administrator of the personal data of Program Participants is Wolw-Pol sp. z o. o, a limited liability company in Warsaw, Poland, address: 01-401 Warszawa, ul. Górczewska 53, the District Court in Warsaw, XII Commercial Department of National Court Register, Register for Entrepreneurs holds the registration documents of the company under the number: KRS 0000205145 (hereinafter the Administrator or the Company).
13.3 The personal data processed by the Administrator includes the following: name and surname, e-mail address, address of residence, contact phone number.
13.4 The data of the Participants in the Bonus Program organized by Wolw-Pol will be processed for the purpose of implementing the Company’s Bonus Program, that is the selling of products at dedicated, preferential prices to Participants, as well as the accumulation and use of points, assigning statuses and discounts, and – after the Participant provides relevant, additional consent – for marketing and profiling purposes
13.5 The legal basis for processing the Participant’s personal data is:
- implementing the Bonus Program in accordance with the Terms and Conditions agreed to by the Participant – Article 6(1)(b) GDPR,
- the Organizer’s legally legitimate interest, which consist in particular in pursuing claims against Participants or defense against submitted claims as well as exchanging correspondence with the Participant – Article 6(1)(f) GDPR.
- the consent of the data subject – Article 6(1)(a) GDPR. Consent can be withdrawn at any time. The withdrawal of consent does not affect the validity of data processing prior to the withdrawal.
13.6. The personal data of Bonus Program Participants will be processed for the period necessary to implement the Bonus Program and conduct relevant accounting, and further for an additional period of limitation for any potential claims specified by law or until the withdrawal of consent.
13.7. The processing of personal data of the Participant in the Company’s Program may be transferred for the purpose of properly executing the said Program to the following categories of recipients:
- Service providers supplying the Administrator with technical and organizational solutions enabling the implementation of the Company’s Bonus Program, in particular companies providing IT support, software providers and partners supporting marketing activities.
- Entities providing legal, accounting and consulting services ensuring the proper operation of the Company’s Bonus Program
- Postal operators and couriers
13.8. Providing personal data is voluntary, but is a prerequisite for participating in the Company’s Bonus Program
13.9. The Program Participant has the right to: receive confirmation on the processing operations of his/her personal data; access his/her personal data; rectify/supplement personal data; request erasure of personal data; restrict the processing of personal data; transfer personal data; object to the processing of personal data (in particular with regard to profiling);
13.10. The Participant in the Company’s Bonus Program also has the right to lodge a complaint with the authority that supervises compliance with the rules on the protection of personal data.
13.11. Access to the data is possible at the Administrator’s headquarters. Moreover, the Administrator provides the e-mail address iod@vitkac.com that can be used to contact the Administrator regarding personal data (including the withdrawal of consent).
13.12. The Administrator does not intend to transfer collected data outside the EEA.
13.13. The Administrator makes automated decisions based on personal data, including profiling (unless profiling has been objected to). Historical personal data is used for the purpose of profiling, and in this case the processing results in the preparation of special offers and informing Participants about current products and promotions.