1. ESPRIT FRIENDS PARTICIPATION
Operator of the Esprit Friends Program is Esprit Europe GmbH, Esprit-Allee, 40882 Ratingen, Germany, (hereinafter referred to as “Esprit”). Every natural person who has completed his/her 16th year of life and has his/her place of residence in the respective country in which membership is applied for can participate in the Esprit Friends program. To apply, the application form must be filled out completely in the mandatory areas, signed and handed in at the participating Esprit store. Online registration is possible at www.esprit.eu. Participation is free of charge.
2. OBJECT OF THE ESPRIT FRIENDS PROGRAM
The Esprit Friends program allows Esprit and other companies affiliated with Esprit to customize their products and services to the customers in a more targeted manner, and it offers you as the customer a number of benefits, such as:
• collecting loyalty points (hereinafter referred to as “E-Points”) during every purchase at Esprit companies as well as with other activities named by Esprit (e.g. interaction with social media portals, participation in community promotions, sharing of user-generated contents, participation in competitions, etc.)
• evaluation of your Esprit shopping behavior and your visit to the online shop and the Esprit app so that you can receive invitations to special events and vouchers that are customized to you in the online shop
• personal and individual communication and product recommendations in accordance with your shopping behavior, as a kind of “shopping consultant”
• personalized online shop and Esprit app, based on your interests
• redemption of your E-Points in the form of a discount in kind.
Therefore, for carrying out the conditions of participation and for your participation in the Esprit Friends program, it is necessary for Esprit to collect and evaluate your personal data regarding your purchases at Esprit companies and regarding your product interests as stated in the online shop and in the Esprit app. This is done with the purpose of personalizing this data, also by means using cookies and similar technologies. For this, Esprit cooperates closely with Esprit Retail B.V. & Co. KG (“Esprit Retail”), which operates the Esprit online shop and Esprit stores, as well as with Esprit Global Image GmbH (“Esprit Global Image”), which operates the Esprit app (both are also located at Esprit Allee, 40882 Ratingen, Deutschland). Esprit Global Image and Esprit Retail mutually transmit your personal data to Esprit, so that Esprit can provide the performance required within the scope of the Esprit Friends program. Due to this close cooperation, Esprit, Esprit Retail and Esprit Global Image are mutually responsible for the processing of your personal data, in order to provide the service within the scope of the Esprit Friends program. More information on how Esprit, Esprit Retail and Esprit Global Image process your personal data is found in the Esprit Friends Data Protection Declaration www.esprit.eu/support and here www.esprit.eu/support is a summary of the contract regarding the mutual responsibility of Esprit, Esprit Retail and Esprit Global Image.
In order to send you product information, offers and invitations by e-mail, Esprit, depending on the case, requires your express consent to do so, which you can provide in the participation form or on the Esprit website.
3. COLLECTING E-POINTS
For every purchase where you present a valid Esprit Friends Card (“Friends Card”) at the checkout of a Esprit store or Esprit outlet, or at an Esprit franchise store of an authorized external partner that is participating in the Esprit Friends program, or when you provide your Friends Card number in the online shop at www.esprit.eu, your personal Friends account will be credited with E-Points in the value of 3 % (1 % in Esprit outlet stores) of the purchase value. E-Points will expire when they are not converted into vouchers or used in our online shop within 12 months of date of purchase. One E-Points has the value of 1 euro ct. If you effect purchases with your Esprit Friends Card in a franchise store of an authorized external partner, it will transmit the necessary transaction data (goods, price, discount amount, place and time of purchase) to Esprit for a credit note, billing toward the external partner company, administration and pay-out of the discounts and administration of the Esprit Friends program.
4. REDEEMING E-POINTS
If, within 12 months after your first purchase as an Esprit Friend you acquire at least 600 E-Points, Esprit will send you a shopping voucher in the value of the E-Points collected in this time. With a purchase in our online shop, you can already redeem the E-Points with an account value of 250 E-Points. If you have received a shopping voucher, you can convert this to E-Points again in the online shop and then redeem it during online shopping. Esprit verifies the status of the points on your personal Friends account on a monthly basis. The individual conditions for making use of the respective voucher are found on the shopping voucher itself. If you registered online at www.esprit.com/friends at Esprit Friends, Esprit assumes that you prefer our online shop and will, as a default, not send any shopping vouchers by post. If you wish to receive the shopping vouchers by post, you must change your personal settings accordingly at www.esprit.com/friends. A cash pay-out of E-Points is not possible.
5. GOLD CARD
If you acquire 900 to 1,799 E-Points (with a purchase value of €300 to €599) (“Gold Status”) within 12 months after your first purchase as an Esprit Friend, we will automatically send you your personal Gold Card. It is valid for 24 months after attainment of the Gold status and not transferrable. If, in the last 12 months prior to expiry of the validity of your Gold Card, you once again collect 900 to 1,799 E-Points, we will automatically issue you a new Gold Card. In this case, your previous Gold Card loses its validity. If you do not collect the corresponding amount of E-Points, you will again be using your normal Friends Card.
6. PLATINUM CARD
If you acquire at least 1,800 E-Points (with a purchase value of at least €600.00) (“Platinum Status”) within 12 months after your first purchase as an Esprit Friend, we will automatically send you your personal Platinum Card. It is valid for 24 months after attainment of the Platinum status and not transferrable. If, in the last 12 months prior to the expiry of the validity of your Platinum Card, you once again collect at least 1,800 E-Points, we will automatically issue you a new Platinum Card. In this case, your previous Platinum Card loses its validity. If you do not collect the corresponding amount of E-Points, you will again be using your normal Friends Card or, if you have acquired sufficient E-Points for the Gold status, the Gold Card.
7. CARD LOSS AND LIABILITY
When you lose your Friends Card, you can apply for a substitute card from Esprit. If you think that a third person has gained access to your access data, please contact Esprit immediately. Esprit or its vicarious agents will only be liable for intent or gross negligence when damage is incurred due to a delayed provision of information regarding this, or a in the presence of a complete lack of information.
8. DATA PROTECTION
The Esprit Friends Data Protection Declaration explains how Esprit, Esprit Retail and Esprit Global Image process your personal data in connection with the Esprit Friends program. The data protection declaration can be found below www.esprit.eu/support and is also displayed as a notice/display at the check-out of every Esprit retail store. If desired, we are happy to send it to you by e-mail.
9. TERMINATION AND CESSER
Without complying with a deadline, you can terminate participating in the Esprit Friends program at any time. This is done as follows: provide a written notification, sent by post to: Esprit Europe GmbH, Esprit Friends c/o defacto realations GmbH, 90307 Nuremberg, Germany. Notification by e-mail to firstname.lastname@example.org. Esprit can terminate this agreement at any time by complying with a term of three months. Termination for cause shall not be affected by this. Every termination has to be in writing to be valid. You are obliged to render useless the Friends Card upon expiry of the cancellation deadline, and you are not to use it again. With termination for cause, this already applies upon receipt of the termination notification.
10. CHANGES TO THE ESPRIT FRIENDS CONDITIONS OF PARTICIPATION
By complying with an appropriate deadline, Esprit reserves the right to make changes or supplements to these conditions of participation, the prizes and benefits granted or processes related to the Esprit Friends program, to the extent that you, as a participant, are not disadvantaged in bad faith by means of this; with termination for cause, also without compliance of such a deadline, with reasonable safeguarding of your interests. The same applies for the discontinuation of the Esprit Friends program. Esprit also reserves the right to change or to supplement these conditions of participation as well as processes of the Esprit Friends program, provided this is in the interest of simple and secure processing and, in particular, when this is necessary so as to avoid abuse. Changes or supplements of the prizes and benefits or other processes related to the Esprit Friends program are provided by means of the usual Esprit Friends communication channels. You will be informed regarding changes or supplements to these conditions of participation in advance, at the least in text form, whereas this also includes the electronic form. A change shall be deemed agreed to when, within one month after the date of receipt of the change / supplementing notification in accordance with the section “Termination and Cesser”, you do not object, or when you use your Friends Card after expiry of this deadline. Esprit will notify you separately and accordingly in the corresponding notification regarding the change or supplement of the conditions of participation or the processes.