TERMS AND CONDITIONS OF THE VIP CLUB LOYALTY PROGRAM
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INTRODUCTION
1.1. These terms and conditions regulate the rights and obligations of a member of the VIP club loyalty program (hereinafter referred to as the “Loyalty Program”) EKAZENT Management Parndorf GmbH, FN 331602 a, Parkring 12, 1010 Wien (hereinafter referred to as the “Operator”), which is the operator of the outlet center PARNDORF FASHION OUTLET at Gewerbestraße 4, 7111 Parndorf, in which retail sales of goods and services of independent sellers and providers (hereinafter referred to as “Merchants”) is carried out, and the operator of the website https://www.parndorffashionoutlet.com.
1.2. The Operator also operates a loyalty mobile application on the iOS and Android platform called Parndorf Fashion Outlet App, which contains in particular a loyalty card (VIP card), which entitles the holder to apply currently available discounts at merchants who are involved in the loyalty program (VIP discounts), an overview of current commercial promotions (excluding VIP discounts), a list of merchants in the shopping center (Stores), divided into merchants and merchants at whom the VIP discount can be applied, Bonus program, user profile and application settings (hereinafter referred to as the “Application”).
1.3. The Operator is not a merchant and does not operate in the e-shop application.
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MEMBERSHIP
2.1. Only a natural person with full legal capacity who has set up a user profile in the Application in his/her own non-business interest (hereinafter referred to as a “Member”) can be a member of the Loyalty Program. The condition of full legal capacity need not be met if the natural person has reached the age of 16 and has the consent of the parent(s), guardian or legal guardian with the membership in the Loyalty Program, and at the same time has reached such intellectual maturity that he/she is aware of his/her obligations arising from membership in the Loyalty Program. The Operator reserves the right to request a written confirmation of such consent.
2.2. Employees, managers, directors, representatives and representatives of the operator or merchants are also eligible for membership, but they may be excluded from participating in certain discounts.
2.3. By applying for membership, the applicant confirms that he/she meets all the conditions for membership in the loyalty program. By using the Application, the membership applicant and subsequently the member agrees to these terms and conditions. If the membership applicant or member does not agree with these terms and conditions, he/she is not entitled to use the Application.
2.4. Membership is free of charge and no purchase is required to establish membership.
2.5. Membership in the loyalty program is personal, non-transferable and is subject to these terms and conditions and any other rules, regulations, policies and procedures adopted by the Operator and approved by the member by using the Application. One membership is limited to one person and one registered e-mail address.
2.6. Companies, groups, organizations or other entities, or any other entities interested in commercial or collective buying, are not eligible for membership. Membership cannot be resold and no one may make profit of it in any way.
2.7. The condition of membership and at the same time the obligation of members is to ensure that the contact details and e-mail address are up-to-date.
Information on the processing of personal data of members by the operator can be found in our Privacy Policy.
2.8. The Member undertakes not to: (i) share, transmit, distribute, record or promote communications or content that could harm or adversely affect the Operator and the products or services of the merchants; (ii) act or use any device to restrict, damage, interfere with or prevent any other member from using the Application or affect its security; iii) use any device or mechanism (including traffic restricting spiders, robots, crawlers, avatars and intelligent agents) to navigate or search the Application or to copy application content; (iv) provide his/her membership or login details to the Application to any third party; (v) use the Application for purposes for which it is not intended; (vi) distribute, rent, lease, modify or otherwise transfer or assign the Application, including in copy, display or communicate it to the public; vii) make copies of the Application or parts thereof (does not apply to a copy of the Application by downloading it to a member’s device); (viii) do reverse engineering, decompile, disassemble, display or demonstrate the Application; (ix) remove or alter notices of the Application or its marks or proprietary labels appearing on the Application; (x) violate the terms, policies, licenses or code of ethics regarding the online elements of the Application; and (xi) interfere with the Application source code, access the Application source code and make the Application source code available to a third party or overload the Application by requirements.
2.9. The member can cancel the membership in the Loyalty Program at any time through technical support. Membership may also be terminated by the Operator, in particular if abuse of the Loyalty Program, proven or legitimately suspected fraud, breach of these terms and conditions, longterm inactivity in the membership or any conduct detrimental to the interests of the Operator or merchants is found. Cancellation of membership by the Operator may be a reason for rejecting a new application for membership in the Loyalty Program, even repeatedly.
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BONUS PROGRAM (BENEFITS)
3.1. For each purchase at a merchant who is a partner of the benefit program (hereinafter referred to as “Partner”), the member receives points. In order to earn points, after completing the purchase, the Partner’s sales assistant must request the submission of the relevant QR code and read it via a special function of the application open on the member’s device. The member acknowledges that at one seller, points for a purchase can only be charged once a day, any other retrieving will be rejected. Points can only be retrieved immediately after completing a purchase at the seller, later requests to retrieve points may not be accepted by the seller.
3.2. After collecting a predetermined number of points to obtain the selected currently available benefit, the member is entitled to apply the selected currently severance benefit at the partner, after submitting an open application on the member’s device. It is not possible to claim the benefit without submitting an open application on the member’s device. Some benefits can be applied repeatedly until the points account is used up.
3.3. The current status of a member’s points account, the list of partners, the list of benefits and the number of points for achieving them or the history of the points account are contained in the Application in the Bonus program section.
3.4. The points earned belong exclusively to the member who collected them and cannot be transferred to any other person or other member (even in the event of cancellation of membership).
3.5. Points are unlimited in time.
3.6. Some partners may set special conditions for obtaining points, which the member is obliged to follow. The member will be acquainted with the special conditions directly by the Partner.
3.7. By cancelling the membership in the Loyalty Program, the member loses all points earned so far, and the member’s profile, history of his purchases and points account, etc. will be deleted.
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CHANGES TO THE LOYALTY PROGRAM AND CONTRACTUAL TERMS
4.1. The Operator is entitled, at its own discretion, to terminate, amend, limit, suspend or modify the Loyalty Program and/or these terms and conditions at any time without prior notice to the member, in particular in the event of a change in applicable law or changes by merchants. The Operator is also entitled to terminate the Loyalty Program.
4.2. Changes to the Loyalty Program and terms and conditions are published in the Application in the user profile section. All changes shall enter into force 14 days from the date on which the change was published in the Application, unless otherwise specified for the change. If the member does not agree with the change, he/she is no longer entitled to use the Application or be a member of the Loyalty Program and is obliged to cancel his/her membership immediately, by continuing to use the Application, the member automatically agrees with the change. The member will also be informed about the change of the contractual conditions by e-mail, to the address entered in the member’s user profile in the Application.
4.3. The member’s obligation is to regularly get acquainted with changes to the loyalty program or these terms and conditions.
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LIMITATION OF LIABILITY
5.1. The operator is not responsible for any system failure or malfunction of the Application or the Loyalty Program or any consequences thereof. The Operator is not responsible for loss or any harm resulting to any person from the suspension, alteration or termination of membership, Loyalty Program or Application. The Operator is not responsible for the topicality of the benefits in the Application or for the possible impossibility of applying the currently available benefits due to a reason on part of the partner.
5.1. The operator is not responsible for any system failure or malfunction of the Application or the Loyalty Program or any consequences thereof. The Operator is not responsible for loss or any harm resulting to any person from the suspension, alteration or termination of membership, Loyalty Program or Application. The Operator is not responsible for the topicality of the benefits in the Application or for the possible impossibility of applying the currently available benefits due to a reason on part of the partner.
The operator is not liable for misuse of your e-mail address and/or customer accounts if these are used by unauthorized persons.
5.3. The liability of the operator for contractual breaches and liability in tort is limited to intent and gross negligence. A liability of the operator for slight negligence is excluded in any case – as far as the liability is not based on an injury of life, body or health. The operator is not liable for lost profit, incurred costs, or for consequential harm or damage.
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SUPPORT
6.1. In the case of any questions regarding the Loy6.1. In the case of any questions regarding the Loyalty Program, contact the at +43 2166 20805 or by e-mail: info@parndorffashionoutlet.com
6.2. In the case of a problem with the operation of the Application, please contact technical support by e-mail: @parndorffashionoutlet.com
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FINAL PROVISIONS
7.1. Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of Austrian private international law. These terms and conditions may be subject to consumer protection laws in force in the member’s country of residence, under which the member may also have other rights. The exercise of these rights is the responsibility of the member.
7.2. The parties undertake to resolve all disputes arising in connection with the Loyalty Program and these terms and conditions preferably amicably out of court. In the event that disputes are not resolved out of court, the exclusive jurisdiction of the court having subject-matter jurisdiction for Innere Stadt Wien is agreed.
If the customer is a consumer, the jurisdiction of the competent court for the customer’s place of residence or habitual abode is applicable for such disputes. Other existing jurisdictions for actions of a consumer against the operator remain unaffected.
7.3. A member is not entitled to exclude the effectiveness of these terms and conditions, to amend or supplement the provisions of these terms and conditions (including any part thereof), even if only in a way that does not substantially change these terms and conditions or in a way that expresses identical terms only in other words. Any reference of a member to his/her own conditions or the conditions of third parties does not produce legal effects
7.4. No customs shall be used to interpret these terms and conditions.
7.5. Should any provision of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions of these terms and conditions. An invalidity of a single provision of these terms and conditions does not result in the invalidity of the entire terms and conditions. The remaining provisions shall remain effective unchanged. In the event of the invalidity of a provision, mutual rights and obligations are governed by the relevant provisions of the Austrian Civil Code, which are closest to the purpose of the invalid provision.
7.6. All intellectual property rights in the Application and the Loyalty Program are the property of the Operator and shall not be transferred or assigned by the use of the Application to a member.
7.7. These terms and conditions shall enter into force and become effective on 26th of August 2021.