“BALAGAN GLOBAL COMMUNITY” LOYALTY PROGRAMME TERMS AND CONDITIONS
§ 1. General Provisions
- These Terms and Conditions (“Terms and Conditions”) lay down the principles and conditions of participation in the BALAGAN GLOBAL COMMUNITY Loyalty Programme (“BALAGAN GLOBAL COMMUNITY”) organised by BALAGAN spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Kielecka 1/1, 02-504 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under number KRS: 0000782251, REGON: 383124231, NIP: 5213863874, with the share capital of PLN 5,000 (the “Operator”).
- BALAGAN GLOBAL COMMUNITY is a loyalty programme which allows for collection of loyalty points with which the Operator’s customers can qualify for specific thresholds of membership in BALAGAN GLOBAL COMMUNITY, for which rewards are offered by the Operator in accordance with these Terms and Conditions.
- BALAGAN GLOBAL COMMUNITY is not a game of chance, lottery game, betting, promotional lottery, game in which the outcome is determined by randomness nor any other game referred to in the Gabling Law of 19 November 2009.
- Participation in BALAGAN GLOBAL COMMUNITY is voluntary.
- The contents of the Terms and Conditions are available on the website www.balaganstudio.com, in the Operator’s physical stores and in the Operator's registered office.
§ 2. Participation in BALAGAN GLOBAL COMMUNITY
- Participation in BALAGAN GLOBAL COMMUNITY shall be allowed only for natural persons who have full legal capacity to act and have an active account in the Operator’s online shop www.balaganstudio.com (the “Member”).
- 2. To join BALAGAN GLOBAL COMMUNITY, the Member must do the following: (i) provide their current e-mail address in the indicated place on the Operator’s website - on the web page dedicated to the BALAGAN GLOBAL COMMUNITY loyalty programme, at https://balaganstudio.com/en/111/loyalty-program, (ii) declare that they have read the Terms and Conditions, (iii) express their consents.
- The Member may join BALAGAN GLOBAL COMMUNITY also during a visit in one of the Operator’s physical stores, after completing the actions referred to in item (2) above, using the electronic device made available by the store staff.
- The following persons may not join BALAGAN GLOBAL COMMUNITY: (i) the Operator’s employees or (ii) persons permanently cooperating with the Operator on a different basis than an employment contract.
- Entrepreneurs within the meaning of Art. 4 (1) of the Act on Entrepreneurs of 6 March 2018, including any entities making commercial or wholesale purchases from the Operator, also in the Operator’s online shop www.balaganstudio.com, may not become Members of BALAGAN GLOBAL COMMUNITY.
- BALAGAN GLOBAL COMMUNITY may not be used for further resale of products or for generating profits.
§ 3. Loyalty Points In BALAGAN GLOBAL COMMUNITY
- The Operator shall award loyalty points for purchases made by the Member using the Operator’s online shop www.balaganstudio.com or in the Operator’s physical stores in the specified currency accepted by the Operator.
- Loyalty points are credited to the Member according to the following system:
- for each PLN 1 (one Polish zloty) spent = 1 point;
- for each EUR 1 (one euro), GBP (one British pound), ILS 1 (one Israeli shekel, USD 1 (one American dollar) = points shall be calculated according to the middle exchange rate for the given currency as of the day preceding the purchase date.
- Loyalty points shall be earned exclusively for purchases made after the Member has logged into their account in the Operator's online shop www.balaganstudio.com or provided their e-mail address to the cashier (in the case of purchases in physical stores).
- Loyalty points shall be awarded by the Operator within 30 days after the purchase date.
- Return of a product purchased by the Member shall cause removal of the loyalty points earned for that purchase from the Member’s balance.
- Loyalty points shall not be awarded for purchasing a gift card.
- The Member shall receive an e-mail with the information about the points awarded after each purchase qualifying for the programme. At the same time, the number of the points accrued shall be displayed in the on-going newsletter e-mails sent to the e-mail address provided by the Member upon registration in the programme.
- The Operator may create separate temporary campaigns within BALAGAN GLOBAL COMMUNITY in which loyalty points will be offered for completing specific actions. Information about this together with the actions required, number of loyalty points offered and conditions for earning the loyalty points shall be published each time by the Operator on the web page dedicated to the BALAGAN GLOBAL COMMUNITY loyalty programme at https://balaganstudio.com/en/111/loyalty-program.
- Loyalty points may not be exchanged for money and shall not constitute electronic money. Loyalty points shall not be exchanged for other products nor gift cards.
- Membership in BALAGAN GLOBAL COMMUNITY is personal and non-transferable, which means that the Member may not share the accrued loyalty points with third persons, nor give access to their account in the Operator’s online shop www.balaganstudio.com to third persons.
- Each Member’s loyalty points shall be valid for 12 (twelve) months following the date of earning the first loyalty points in BALAGAN GLOBAL COMMUNITY. After the lapse of that time frame, the points shall be reset to zero and accrued again. The loyalty points shall be reset to zero after the lapse of each 12-month period.
§ 4. Rewards And Rules For Their Use
- The Operator shall automatically qualify the Member who has collected a specified number of loyalty points for the specified threshold of BALAGAN GLOBAL COMMUNITY membership, which shall mean that the Member shall be granted a reward for that threshold.
- The Operator specifies the following thresholds of membership in BALAGAN GLOBAL COMMUNITY:
- Threshold 1 - ‘Warsaw’ - between 1,000 and 1,499 loyalty points;
- Threshold 2 - ‘Paris’ - between 1,500 and 1,999 loyalty points;
- Threshold 3 - ‘Berlin’ - between 2,000 and 2,499 loyalty points;
- Threshold 4 - ‘Copenhagen’ - between 2,500 and 2,999 loyalty points;
- Threshold 3 - ‘Tokyo’ - between 3,000 and 3,999 loyalty points;
- Threshold 3 - ‘Tel Aviv’ - at least 4,000 loyalty points.
- Should the Member give their consent to receive commercial information via e-mail, the Operator shall notify the Member about (i) crediting a specified number of loyalty points after a purchase and (ii) reaching a given qualifying threshold of the BALAGAN GLOBAL COMMUNITY loyalty programme by the Member.
- The Operator shall each time communicate to the Member the manner of collecting the rewards.
- Within BALAGAN GLOBAL COMMUNITY the Operator may change the rewards granted to the Members for reaching a given qualifying threshold in accordance with item (2). The requirements relating to the above as well as the detailed changes shall be published each time by the Operator on the web page dedicated to BALAGAN GLOBAL COMMUNITY at: https://balaganstudio.com/en/111/loyalty-program.
- If one of the rewards granted to the Member is a discount to be used in Balagan Studio, the following rules shall apply to the use of that discount:
- the discount (discount code) may be used only once and shall be applied to one selected product;
- a discount (discount code) shall be valid for the cheapest product not discounted, if there is more than one product in the shopping cart;
- the discount shall be valid for particular product in the order even if some of the products might be later returned by the Member; in the case of returning the products, the value of the discount applied to the returned product shall not be made available to Member again and the value of the executed order shall not change with regard to the other purchased products which were not returned;
- the discount may not be used for paying for the Operator's gift cards;
- the discount shall be valid only for products that are not discounted.
§ 5. End Of Participation In BALAGAN GLOBAL COMMUNITY
- The Member may terminate the membership in BALAGAN GLOBAL COMMUNITY effective immediately by making a declaration via e-mail to the address firstname.lastname@example.org.
- The Operator may terminate the contract for participation in BALAGAN GLOBAL COMMUNITY with the Member effective immediately if the Member has breached the provisions of the Terms and Conditions or applicable legal regulations.
- Termination of the contract for participation in BALAGAN GLOBAL COMMUNITY shall result in the loss of loyalty points collected by the Member and loss of the right to redeem the points collected by the Member for rewards. The Member's loyalty points shall be erased on the date of effective termination of the contract for participation without the possibility to have them restored.
- The Operator may terminate the BALAGAN GLOBAL COMMUNITY loyalty programme at any moment and shall notify the Members about this fact, not later than 30 days prior, through their account or via e-mail to the address indicated by the Member.
§ 6. Complaint Procedure
- The Member may file a complaint relating to the membership in BALAGAN GLOBAL COMMUNITY in writing to the Operator’s registered office or via e-mail to the address email@example.com.
- The complaint shall state that it relates to the BALAGAN GLOBAL COMMUNITY membership and include the Member’s data: first name and e-mail, the reason for complaint and justification, as well as the Member's request for action.
- The Operator shall consider the complaint within 14 (fourteen) days after receipt thereof. The Member shall be notified about the consideration of the complaint immediately via e-mail sent to the address specified in the complaint notice.
- The Operator’s decision to accept or dismiss the complaint shall be final, which shall not exclude pursuit of claims by the Member before court.
- The Operator shall notify the Member who is a consumer about the possibility of using out-of-court complaint and redress mechanisms, among other things, by filing a motion for mediation or initiation of amicable proceedings by the Member after the end of the complaint procedure. The motion may be downloaded from the website http://www.uokik.gov.pl/). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection can be found at the website https://www.uokik.gov.pl/wazne_adresy.php. A consumer may obtain help in connection with settlement of a dispute also using the services of the poviat (city) consumer spokesmen or social organisations whose statutory work is consumer protection (such as the Consumer Federation, Association of Polish Consumers).
- The website of the online system for dispute resolution between consumers and entrepreneurs on the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr.
§ 7. Personal Data Processing
- The controller of the Members’ personal data in accordance with the Regulation of the Parliament of the European Union and of the Council (EU) of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the GDPR), is the Operator (BALAGAN spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Kielecka 1/1, 02-504 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw under number KRS 0000782251, REGON 383124231, NIP 5213863874, having the share capital of PLN 5,000.00). .
- The Operator shall process the following personal data of Members: first name, last name, e-mail address and address of residence.
- The Operator can be contacted at the e-mail address: firstname.lastname@example.org.
- The personal data provided to the Operator by the Members shall be processed for the performance of the contract concluded with the Member for the purposes of participation in the BALAGAN GLOBAL COMMUNITY loyalty programme, as well as for the fulfilment of obligations resulting from the law and for marketing purposes.
- Personal data processed for the performance of the contract concluded with the Member for the purposes of participation in the BALAGAN GLOBAL COMMUNITY loyalty programme - legal grounds: Art. 6 (1) (b) of GDPR (Member’s consent);
- Personal data processed for the fulfilment of obligations resulting from the law - legal grounds: Art. 6 (1) (c) of GDPR (the processing is necessary for the fulfilment of the controller’s legal obligation);
- Personal data processed for marketing purposes - legal grounds: Art. 6 (1) (f) of GDPR (the processing is necessary for legally justified interests of the Controller).
- The Member’s personal data may be transmitted to entities supporting the operations of the BALAGAN GLOBAL COMMUNITY loyalty programme, providers of IT tools used for the service of the programme and storage of data, providers of e-mail marketing software as well as other entities processing the personal data, where necessary, the Controller of which is the Operator on the basis of relevant contracts.
- The personal data shall not be processed in a manner resulting in automated decision-making, including profiling.
- Provision of personal data is voluntary; however, it is necessary for participation in the BALAGAN GLOBAL COMMUNITY loyalty programme.
- The persons whose personal data are processed have the right to access such data at any time, to demand rectification or erasure thereof, to demand limitation of the processing, the right to data portability, the right to object to the processing and to withdraw the consent to the processing at any time. To the extent in which the data are processed on the basis of the expressed consent, the withdrawal of the consent shall not affect the legality of the processing done before the withdrawal.
- The personal data shall be stored for the duration which is necessary for performance of the contract concluded with the Member for the purposes of participation in the BALAGAN GLOBAL COMMUNITY loyalty programme, however, no longer than until the lapse of the limitation period for bringing potential claims.
- The Member has the right to lodge a complaint with the data protection authority, i.e., the President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warsaw.
- The Operator’s data processing notice is available at: https://balaganstudio.com/en/25/privacy-policy.
§ 8. Final Provisions
- These Terms and Conditions shall become applicable on 1 March 2022 and shall remain valid until the end of the BALAGAN GLOBAL COMMUNITY loyalty programme announced by the Operator (and the Operator shall indicate the end date of the programme at least 30 days prior).
- The Operator has the right to change the Terms and Conditions throughout the duration of the BALAGAN GLOBAL COMMUNITY loyalty programme without specifying the reason as long as such change does not violate the rights and obligations acquired by the Member prior to the change. Should the Terms and Conditions be changed, the Operator shall publish such change together with the current wording of the Terms and Conditions on the BALAGAN GLOBAL COMMUNITY website. The changes shall become applicable on the day of announcement thereof.
- The Operator shall be decisive in all matters relating to the BALAGAN GLOBAL COMMUNITY loyalty programme which have not been laid down in these Terms and Conditions.
- The provisions of the Civil Code shall apply to all matters not regulated herein.