TERMS & CONDITIONS
OF THE “DENI CLUB” LOYALTY PROGRAMME

The Terms and Conditions are effective as of 1/3/2024. Thus, all previous terms and conditions effective with respect to the Programme are repealed.


Introduction

These terms and conditions of the “Deni Club” Loyalty Programme define the requirements for participation in the “Deni Club” loyalty programme (“Programme”) organised by DCG S.A. with its registered office in Warsaw (04-907), at ul. Bystrzycka 81A, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS (National Court Register number): 0000285675 (“Organiser”), intended for regular Customers of DENI CLER MILANO (“Stores”), in the territory of the Republic of Poland.


DEFINITIONS:

All capitalised terms herein shall have the meaning defined in these terms and conditions below:

1.1. “Registration” – means the creation of an account on the Website by the Customer by filling out the relevant form and providing all the required data, which is equivalent to the Customer expressing their wish to join the Programme;

1.2. “Member” – means the natural person who has correctly completed the Registration and has joined the Programme;

1.3. “Member Account” – means the account created using the particulars of the Member on the Website according to the Terms and Conditions.

1.4. “Reference Period” – the period of 12 successive calendar months running from 1 March of each calendar year until the end of February of the following year. The first Reference Period starts on 1 March 2024.

1.5. “Points” – means the points acquired by the Member in connection with a purchase of the products of the “Deni Cler Milano” brand only in Stores and on the Website, entitling the Member to receive discounts according to these terms and conditions;

1.6. “Regulation” – Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation) of 27 April 2016.

1.7. “Store” – means the physical store of the Organiser operated under the “Deni Cler Milano” brand. A list of the Stores can be found on the Website.

1.8. “Website” – means the online store of the Deni Cler Milano brand operated at www.denicler.eu.

GENERAL PROVISIONS:

2.1. Programme Members may include natural persons who are over 18 and have full legal capacity. Also, joining the Programme requires having an active e-mail address and a phone number, which must be provided at the time of the Registration.

2.2. Under the Programme, the Members are entitled, after meeting the requirements, to receive discounts on the purchase of “Deni Cler Milano” products available in the Stores or on the Website under the terms defined in the Terms and Conditions.

2.3. Starting from the effective date of these Terms and Conditions, i.e., from 1/3/2024, persons interested in joining the Program can do so by completing the Registration.

2.4. By completing the Registration, the Member acknowledges that they have read the Terms and Conditions and accept their provisions.

2.5. The Member joins the Programme after it is verified that they meet the requirements of the Terms and Conditions. Each Member who correctly joins the Programme in line with the Terms and Conditions is assigned an individual number of the virtual Programme membership card where the Points will be recorded.

2.6. After the Member joins the Programme, a Member Account is created where the Member can check the virtual number of the Programme membership card together with the available balance of points.

2.7. These Terms and Conditions are available in the Stores and on the Website of the Organiser: www.denicler.eu.

2.8. The Programme only applies to products available in the Stores and on the Website.

2.9. The Terms and Conditions are subject to Polish law.

PERSONAL DATA:
3.1. The controller of the personal data of the Member is the Organiser.

3.2. The Organiser has appointed a data protection officer. The data protection officer is Maciej Strycharz. For all matters connected with personal data processing, including, in particular, the need to exercise the rights connected with data processing, the data protection officer can be contacted at rodo@denicler.eu.

3.3. The personal data of the Member provided in connection with participation in the Programme are processed for the following purposes:

3.3.1. enabling the Member to participate in the Programme (the basis for processing is Article 6(1)(b) of the GDPR),

3.3.2. granting discounts to the Member in connection with their participation in the Programme (the basis for processing is Article 6(1)(b) of the GDPR),

3.3.3. performing legal obligations, including, in particular, the obligation of financial reporting (the basis for processing is Article 6(1)(c) of the GDPR),

3.3.4. establishing, exercising or defending against claims made in connection with participation in the Programme (the basis for processing in this case is Article 6(1)(f) of the GDPR – where the legitimate interest of the controller should be understood as the possibility of exercising claims),

3.3.5. conducting the Organiser’s marketing activities (the basis for processing is Article 6(1)(a) of the GDPR).

3.4. The Member is not obliged to provide their personal data in the Programme, but the data are required to participate in the Programme. Failure to provide personal data prevents participation in the Programme. This does not apply to data processing for commercial and marketing purposes, which is carried out only in case of voluntary consent, irrespective of participation in the Programme.

3.5. The personal data of the Member may be transferred only to the parties that are entitled to receive them by the law. The controller may also provide the data of the Member to parties with which it has signed a contract for support services concerning the IT systems used to process the data, parties providing support in the form of contracted services and according to the signed data processing agreements, parties providing consulting, advisory, audit, legal assistance, tax and accounting services, parties providing document archiving services, parties cooperating with us regarding account books, taxes and legal issues – to the extent to which they become data controllers.

3.6. The Member has the right to request from the Organiser access to their personal data, the right to request their rectification, erasure or restriction of processing as well as the right to object to the processing done based on a legitimate interest of the controller. If the Member has consented to receive commercial information from the Organiser, they shall have the right to withdraw their consent at any time, which will not affect the lawfulness of any processing done based on the consent before its withdrawal. The Member also has the right to lodge a complaint with the President of the Personal Data Protection Office (UODO) (ul. Stawki 2, 00-193 Warszawa).

3.7. The personal data will be retained for the duration of participation in the Programme. After the discontinuation of this relationship, the data will be retained for the duration of the retention period determined according to the law and with consideration of the period of limitation for claims. The standard retention period is 6 years, and it shall expire upon the lapse of the last day of the calendar year unless stipulated otherwise by the provisions of the law. In case of an ongoing dispute or proceedings, the retention period shall run from the date of the final and non-appealable conclusion of the dispute or proceedings. In case of multiple proceedings, the period shall end upon the final and non-appealable conclusion of the last of them, irrespective of the manner in which it was concluded, unless the provisions of the law provide for a longer data retention period or longer period of limitation for claims or rights the proceedings concern. Where personal data are processed for legitimate purposes of the Controller and based on the consent of the Member – the data shall be processed until the consent is withdrawn.

3.8. The personal data of the Member shall be processed in the form of analytical profiling for sales and marketing purposes to adapt the materials distributed by the Organiser to the needs and interests of the Member and to conduct measurements that will enable the Organiser to improve its services. Binding decisions are not automated, i.e., they are not made without human involvement.

3.9. The personal data of the Member will not be transferred outside the European Union or to international organisations.

3.10. The Organiser has appointed a data protection officer. The data protection officer is Maciej Strycharz. For all matters connected with personal data processing, including, in particular, the need to exercise the rights connected with data processing, the data protection officer can be contacted at rodo@denicler.eu.

PARTICIPATION IN THE PROGRAMME. BENEFITS

4.1. On the account of successful Registration, every Member shall receive a one-off discount to be used for the first purchase in the Store or on the Website in the amount of 10% of the price of the purchases. The discount shall be applied automatically to the total price of the products in the cart at the time of the first purchase on the Website after the successful Registration. If the Member wishes to use the discount in the Store, they shall have to notify an employee of the Store of their discount and provide their personal data, i.e., their first name and last name for verification. The employee of the Store may request the Member to produce an identity document to verify the consistency of the provided data.

4.2. After Registration, points will be added to the virtual membership card automatically for every product purchased on the Website or in the Store.

4.3. If the products are purchased in the Stores, the Member shall have to provide their personal data, i.e., their first name and last name, to the employee of the Store to receive Points for the purchase. The employee of the Store may request the Member to produce an identity document to verify the consistency of the provided data.

4.4. All new Points will be saved and visible in the Member Account after the lapse of 14 days from every purchase of the products in the Store or on the Website. If products purchased in the Store or on the Website are returned, the Points shall not be saved on the Member’s Account. If the products are returned after the Points are saved on the Member Account, the Points awarded for the returned products will be removed from the Member Account.

4.5. The Points will be added separately in each Reference Period. On the last day of each Reference Period, the Organiser will verify the number of Points collected by the Member in that Reference Period and, based on the number of Points available at that time, award a discount to the Member for the next Reference Period, i.e., according to the thresholds referred to in paragraph 4.7 below. In connection with the verification referred to above, the number of Points received by the Member in the previous Reference Period will be transferred to the next Reference Period.

4.6. The Member receives 1 Point for every full PLN 1.00 gross spent on products available in the Stores or on the Website.

4.7. Under the Programme, Members may receive the following statuses:

4.7.1. PLATINO – entitling to a discount on products available in the Stores and on the Website amounting to 20% of the price of the products. To receive the PLATINO status, the Member must collect more than 150,000.00 Points in a given Reference Period. In addition, the Member also gains the following:

1. a) the right to a special discount if the Organiser organises a private sale (dedicated to the specific Member) of the products taking place before the sale of the products available to all customers of the Stores;
2. b) the right to use free clothing adjustments for the products purchased in the Stores.

4.7.2. ORO – entitling to a discount on products available in the Stores and on the Website amounting to 15% of the price of the products. To receive the ORO status, the Member must collect at least 25,000.00 Points in a given Reference Period. In addition, the Member also gains the following:

1. a) the right to a special discount if the Organiser organises a private sale (dedicated to the specific Member) of the products taking place before the sale of the products available to all customers of the Stores;
2. b) the right to use free clothing adjustments for the products purchased in the Stores.

4.7.3. ARGENTO – entitling to a discount on products available in the Stores and on the Website amounting to 10% of the price of the products. To receive the ARGENTO status, the Member must collect at least 10,000.00 Points in a given Reference Period. In addition, the Member also gains the following:

1. a) the right to use free basic clothing adjustments for the products purchased in the Stores with a discount of up to 40% on the regular price;
2. b) the right to a special discount if the Organiser organises a private sale(dedicated to the specific Member) of the products taking place before the sale of the products available to all customers of the Stores.

4.7.4. BIANCO – entitling to a discount on products available in the Stores and on the Website amounting to 5% of the price of the products. To receive the BIANCO status, the Member must collect at least 1000.00 Points in a given Reference Period.

4.7.5. PRIMO BIANCO – starting status of the Member after joining the loyalty programme and a Member who has collected up to 999 Points during the given Reference Period.

4.8. The discounts referred to in the paragraphs above do not add up.

4.9. The statuses indicated in paragraph 4.7 above will change automatically after the Member obtains the required number of Points, and this does not require any action on the part of the Member.

4.10. The discounts awarded to the Members under these Terms and Conditions will be determined based on the gross unit price of the product, and cannot be combined with other discounts or special offers unless indicated otherwise in the terms and conditions of the relevant special offer.

4.11. The Member may receive information about the balance of their Member Account and information about the points awarded or deducted after logging into their Member Account on the Website.

4.12. The Member may have only one active Member Account.

4.13. Only the Member can use the status and benefits received under the Programme.

EXCLUSION FROM THE PROGRAMME

5.1. The Organiser may refuse to admit the Member into the Programme if the Customer does not meet the requirements of the Terms and Conditions.

5.2. The Organiser may terminate the Member’s participation in the Programme against notice if, at the time of Registration, the Member has provided false data or if they share their Member Account or the number of the virtual membership card with third parties.

5.3. The Member can withdraw from the Programme at any time after logging in to their Member Account via the Website and using the option to withdraw from the Programme or by filling out a declaration available in the Stores. To receive the declaration form, the Customer should request it from an employee of the Store.

5.4. The Programme is effective for an indefinite period from 1/3/2024. The Organiser reserves the right to terminate the Programme for the Members as indicated in paragraph 7.1 of the Terms and Conditions with 30 days’ notice.

5.5. If the Programme is terminated, the Organiser is obliged to publish information about the completion of the Programme in the Stores and on the Website.

5.6. The Member’s Points cannot in any case be exchanged for money, and they cannot be grounds for any claims of the Member against the Organiser.

AMENDMENTS TO THE TERMS AND CONDITIONS

6.1. The Organiser may modify these Terms and Conditions with effect for the future according to the rules described below.

6.2. The Organiser shall in each case notify the Members of the changes made in the Terms and Conditions as indicated in paragraph 7.1 of the Terms and Conditions with 14 days’ notice and by publishing the amended Terms and Conditions in the Stores and on the Website.

6.3. The amended Terms and Conditions will be effective after the lapse of 14 days from their publication. If the Member does not consent to the changes in the Terms and Conditions, they may withdraw from the Programme. This does not exclude or prejudice the Member’s right to withdraw from the Programme at any time.

NOTICES

7.1. Unless the Terms and Conditions stipulate otherwise, notices are delivered to the Member by e-mail to the address specified at the time of Registration or as a text message to the mobile phone number of the Member. All complaints concerning delivery as described in this paragraph will be considered individually based on specific actual circumstances.

7.2. All notices to the Organiser referred to in these Terms and Conditions may be made only by the Member or a person producing an authorisation by the Member.

TRANSITIONAL PROVISIONS

8.1. Members of this Programme will also be deemed to mean the persons who, before 1 March 2014, were registered by the Organiser as Members of the “Deni Club” Loyalty Programme effective in the period from 29 February 2024 (“Previous Programme”). A Member who has collected points under the Previous Programme receives the status and benefits to which they are entitled under the Programme for the Reference Period starting on 1 March 2024.

8.2. As of 1 March 2024, cards issued in a physical form under the “Deni Club” Loyalty Programme indicated in paragraph 8.1 above will only be possible to use when purchasing “Deni Cler Milano” products in the Stores. Purchasing “Deni Cler Milano” products on the Website using a physical card will require prior verification of the Member’s data. To this end, the Member shall be obliged to provide their data by filling out and signing the relevant form available in the Stores. To receive the relevant form, the Customer should request it from an employee of the Store.

Warsaw, 14/2/2024

- Organiser -