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Loyalty Rewards Program Terms of Use

Introductory Notes:

Article 1.

1.1. Tommy d.o.o. with its seat in Split, 93 Domovinskog rata, OIB 00278260010 (also: Company) manages the Tommy Loyalty Rewards Program (also: Program.)

1.2. These Terms of Use set forth the relationship between the Company managing the Program and each individual voluntarily participating in the Program as a Member. Program participation is free of charge. The purpose is of this service is to reward its Members through the Program for loyalty shown and enable them to use privileges such as price discounts, as well as to distribute discount, promotional and similar information in a timely manner.

1.3. Membership is open to individuals of legal age residing in the Republic of Croatia (also: Member.) Neither legal nor professional entities may become a Program Member.

1.4. Each Member undertakes to inform themselves of these Terms of Use, as well as the various other documents referred to herein. Valid Program rules, as well as documents referred to therein, shall be publicly accessible through the Company’s Internet pages, www.tommy.hr/program-vjernosti. The Company reserves the right to change or amend these Terms of Use (also: Terms of Use) of which Members shall be notified by content published on the Internet page listed above.

1.5. These Terms of Use set forth the duties and obligations for both the Company and Program Members.

1.6. Any gendered expressions used in the original Croatian text of these Terms of Use are a result of grammatical convenience, and equally apply to both genders.

1.7. The Program enables Members to enjoy various shopping benefits as well as promotional benefits, based on the Member’s spending habits and interests within the Program. These benefits are not redeemable for cash, but only for reward points which the Member may use for discounts on future purchases, as is regulated elsewhere in these Terms of Use. Within the framework set forth in the Terms of Use, Each Member voluntarily decides when and how they will consume the points they have accrued.

1.8. Access documentation as well as communication shall take primarily in the Croatian language.

1.9. Membership in the Program may be used for personal purposes only. Members use the Program rights and privileges only and exclusively after showing their own Tommy Loyalty Card (also: Card.) Through each use of their Card, Members affirm they accept the Terms of Use valid at the time, as well as other documents referred to therein.

1.10. Program Members may earn various benefits, depending on their spending habits, additional information and expressed interests, as well as other preferences stated within the Program. The Company may refuse to award certain benefits or withdraw (cancel) benefits previously approved if it is determined that (a) the Member broke the Terms of Use and/or other conditions set on a Program Member’s behavior, or (b) the benefits were awarded by mistake, or (c) the Member for whatever reason returned or replaced the product/service which was the subject of the benefit in question.

Program Membership and Proper Use:

Article 2.

2.1. Program membership and ownership of a Card is achieved by filling out a Program application. Any person wishing to join the Program is obligated to fill out a printed contact form, which may be obtained at any of the Company stores, or submit an electronic application form (online), available at the Company’s website – www.tommy.hr/program-vjernosti, or via the Tommy mobile application. In order for the applicant to enjoy access to the Program, the printed application form must be legibly filled out in its entirety and signed by the applicant, while an electronic application form must be filled out in its entirety and confirmed by the applicant whereby their user account is created and protected with a password of their choosing, so that the Company can determine the identity of the applicant from the application. If the applicant’s personal information is changed after they have made an application, they are obligated to inform the Company in writing, by sending registered mail to the Company seat labeled “Tommy Loyalty Rewards Program” (Croatian, “za Tommy programa nagrađivanja vjernosti”) or by updating their online user profile.

2.2. By submitting an application, the applicant affirms they are familiar with and fully accept the Terms of Use and the Privacy Statement, whereas the non-acceptance of these documents precludes a person from participating in the Program.

2.3. A filled-out application form must be brought to a Company store and deposited in the appropriate location.

2.4. If the Applicant is sending an application form through the mail, the Company recommends using registered mail. The Company shall not be held liable for cases of mail that was not received or of shipments lost by the mail carrier.

2.5. Members using the printed application form shall keep a temporary perforated card with a unique machine-readable code and a unique numerical identifier, which shall serve as a temporary replacement for a permanent Card, until that is delivered.

2.6. The information necessary to fill out an application form (whether printed or electronic) by a User for the purpose of Program admittance are as follows: full name, gender, date of birth, address, email address and telephone number (also: Basic Info.)

2.7. Basic info submitted by a Member when applying for Program admittance shall be used as a communication channel between the Company and the Member, namely through email messages sent to their address and SMS (text) messages sent to their mobile phone. The Member is obligated to choose at least one of these communication channels. Not choosing at least one communication channel precludes a person from Program membership.

2.8. When a person is admitted to the Program, their password-protected user account is created. The user account is the basis of a Member’s registration and encompasses all Program-related information for that Member. The user account is accessed exclusively by using the web application at the address www.tommy.hr/program-vjernosti, where each Member may see a balance of rewards points accrued and consumed. The Member shall not be obligated to use the web application, in which case they may gain insights into their user account points on each printed bill following a purchase.

2.9. The Member may at any time update and edit their user profile. Each Member does so of their own volition, voluntarily deciding whether they will enter additional information into the system (for example: do you shop online; what store type do you prefer – market, supermarket, maximarket, hypermarket; shopping periods, household details and similar), or details regarding their interests (for example interests in Company activities tailored at animal lovers and pet owners; children’s programs: toys and school supplies and similar.) These additional details are not required and each Member fills them out of their own volition. They shall be used with the exclusive aim of gaining insights into client habits, needs and interests in order to improve the selection of goods we carry and Member satisfaction, as well as to inform loyal Members of upcoming price discounts and tailor promotional material to their interests.

2.10. Basic info may not be changed throughout the period of Program membership, except in situations where this would reflect real life changes such as changes of address, legal name changes, telephone number or email address changes and similar, of which the Member is obligated to inform the Company as set forth in Article 2.1.

2.11. Each Member shall be delivered timely information on price discounts as well as promotional materials such as catalogs through their chosen communications channel, in order for them to enjoy the wide variety of Program benefits tailored to their consumer needs.

2.12. Each Member is obligated to keep their account access password secret. All actions performed using the Member’s access info (including their password) shall be considered actions performed by that Member. The Member is obligated to use correct information during registration as well as to keep their user profile up to date; to change their password if it was abused or if they suspect it was abused; and to use the service in accordance with all valid regulations.

2.13. Multiple registrations are not allowed.

2.14. By filling out an application form or by editing or subsequently amending basic info, or by entering additional information and interests, the Member guarantees all the information they have supplied are correct. The Company shall not be held liable for incorrect or faulty information listed on the application form and/or subsequently modified basic info, nor for any damages (whether material or non-material) arising therefrom.

2.15. The electronic mail address and mobile phone number supplied by the Member may not be previously assigned to another user account. It is not permissible to supply an email address or a mobile phone number, nor other contact information, not belonging to the Member, in particular single-use email addresses and single-use mobile phone numbers. Each Member must keep their account access info safe and are forbidden from sharing access to their user account with any other persons. Each interaction with the Company through a user profile or from an email address forming a part thereof shall be assigned to the Member. This also applies to cases of third parties gaining unauthorized access to the Member’s user profile and/or account as well as cases of third parties having access to the user’s profile through the Member’s actions. The Member is obligated to inform the Company without delay of any unauthorized use of their profile and to change their access information if there are suspicions of unauthorized use of their user account and/or email address.

Tommy Loyalty Card:

Article 3

3.1. The Company issues and owns the Card.

3.2. By issuing a Card the Company accepts the Member’s entry into the Program. The Card proves Program membership.

3.3. A permanent Card may be physically issued and made of plastic, or in digital form. It contains a unique machine-readable code as well as a unique identifying number legible to the Member.

3.4. The Card is issued free of charge and has no expiry date. It is valid until its cancellation. It shall be delivered to the Member’s mailing address as listed on the application form. Until a member receives a permanent Card in accordance with Article 3 above, a Member may use a temporary card (printed on paper) which forms a part of the printed application form. A Member may also ask for a card electronically (online), either through the Company’s website at www.tommy.hr/program-vjernosti or through the Tommy mobile application. Online applicants will be immediately issued an electronic card, however they may also ask for a physical Card to be issued to them. Costs that may be accrued by the Member in establishing and maintaining an Internet connection are not part of the services rendered. The Member bears sole responsibility for the aforementioned, and shall refer to their Internet Service Provider for any queries. Additionally, using the digital card service requires sufficient battery strength and brightness intensity to scan the ID code at checkout. Until a permanent card is issued, the temporary card may be used for 4 (four) months starting with the activation date. During that period the User may only accrue points, without the possibility of consuming them, or access to any of the Program’s other benefits. Obtaining a permanent card in accordance with Article 3 above invalidates the temporary paper card.

3.5. The Card may be used at the Company’s points of sale exclusively.

3.6. The Member shall be liable for the proper use and safe storage of the Card. The Company shall bear no liability for the loss, destruction or abuse of the Card by third parties. In cases of loss or theft of the Card, the Member undertakes to report this by emailing the address kartica@tommy.hr (or by sending regular mail to the Company address given in Article 1), in which cases the Member shall have no rights to any damages.

3.7. Having received a written notice of a missing/stolen Card, the Company shall inspect the points balance and block the Card in question. The written notice shall be considered a request for the issuance of a new card. A new Card shall be produced for the Member within 10 business days counting from the day the notice was received. The reward points found at the time the request was processed shall be transferred to the new Card.
If the card was abused and reward points consumed before the written notice was received, the Company shall not be held liable for the reward points, which cannot be refunded to the Member. The new Card shall be sent to the Member’s mailing address listed in the new card issuance request.

3.8. Writing on the Card, erasing anything from it, or any other form of emendations to its contents are not allowed. Any such action shall render the Card invalid.

Accruing Reward Points and Access to Discounts:

Article 4.

4.1. The Member is obligated to show the cashier their Card at checkout in order to accrue reward points. Subsequent accrual or transference of reward points to other cards is allowed only in accordance with Article 3.7. above.

4.2. All newly registered Members are entitled to 100 welcome points assigned to their Card. An additional one-time reward for filling out their user profile in its entirety (Basic Info + additional info + interests) shall not exceed 100 points. The Company undertakes to remind users once a month using pop-up website elements such as banners and push notifications on mobile devices of the possibilities of amending and modifying their profiles and achieving additional benefits.

4.3. Reward points are accrued during any purchase of goods or services, or during other activities pertaining to reward points taking place at a point of sale. Spending 10 kunas (1,33 €) earns a Member one reward point, so that, for example, a Member spending 99,00 kuna (13,14 €) shall have earned 9 reward points thereby. Reward points thus accrued shall count as a discount expressed in kuna (euros), with 1 accrued reward point becoming 0,10 kn (0,01 €) in discounts.

4.4. The following product categories: cigarettes, prepaid mobile phone vouchers, printed materials and recycled packaging deposits, as well as the following services: paying bills and receiving packages, shall be exempted from the billed sum from which reward points are calculated and their sum on each receipt shall not be counted toward reward points.

4.5. The following product categories: cigarettes, prepaid mobile phone vouchers, printed materials and recycled packaging deposits, as well as the following services: paying bills and receiving packages, shall likewise be exempted from the billed sum from which discounts are deduced which (discounts) were earned by the Client’s reward points accrual converted into kuna (euro).

4.6. In addition to the listed products and services, the Company retains the right to exclude select products and/or services from reward points calculations and discount availability, which decisions shall be published at the Company’s website - www.tommy.hr/program-vjernosti.

4.7. A requirement for using discounts expressed in kuna is that the billed sum must exceed the discounted amount, which calculation shall exclude product categories listed in Articles 4.4. and 4.5.

4.8. When accrued reward points are converted into kuna discounts, the billed sum must be no less than 50,00 kuna (6,64 €), or must exceed the discount achieved through the Member’s reward points consumption.

4.9. Reward points may not be redeemed for cash. Reward points accrued during a purchased may be used during the next purchase.

4.10. A reward points billing period shall be a three-month period, namely an annual quarter (I., II., III., IV.) A Member may use rewards points as discounts immediately upon accrual, and at the latest by the expiration of the following billing period. Accrued reward points need not be used in a single purchase during a billing period. With the expiry of the billing period, awards accrued during the preceding billing period but not yet consumed shall be rendered invalid.

4.11. Members shall not accrue reward points on purchases where the billed amount was less than 10,00 kuna (1,33 €).

4.12. Members shall accrue a minimum of 100 reward points in order to convert them to kuna discounts on their purchases.

4.13. Members may inspect the status of their reward points in the following ways: inspecting the printed bill issued to them after each purchase (the bottom of the bill lists their reward points balance), asking the cashier, connecting to the website by entering their Card number, using the Tommy mobile application, emailing a query to kartica@tommy.hr or by telephone queries to the Croatian toll-free number 0800 02 03.

Privacy and Personal Information:

Article 5.

5.1. The Company processes the Member’s personal information for the purposes of operating the Program. As the manager of the Program, the Company processes the personal information supplied by the Member at registration (whether on paper, through the mobile application or the website) as well as the information gathered about the Member during their participation in the Program.

5.2. The Program Privacy Statement (also: Privacy Statement) is available on the Company’s website at www.tommy.hr/program-vjernosti, where full information on Member information processing practice, personal information security, Members’ rights pertaining to their personal information, personal information retention periods and other related information may be found. Modifications and amendments to the Privacy Statement shall not be considered a modification or amendment to these Terms of Use.

Membership Termination:

Article 6.

6.1. Program Membership shall be terminated by (1) the Program being terminated, (2) a Member’s voluntary exit from the Program, (3) the Member’s exclusion from the Program or (4) a Member’s failure to receive a new Card in accordance with Article 3.7. above.

6.2. The Company reserves the right to terminate the Program at any time. The Program shall be terminated at the moment indicated in the Company’s decision to terminate the Program.

6.3. In case the Loyalty program is terminated, the Company shall inform Members by announcements published on the Company website at www.tommy.hr/program-vjernosti, informing them also of the ways to consume the remaining reward points balance following the Program’s termination.

6.4. A Member may terminate their participation in the Program at any time. The Member may terminate their participation in the Program by filling out a proper Request for Program exclusion (also: Request) which may be found at this link (in Croatian language) and mailing it in accordance with the instructions given on the Request form, or emailing it to the address kartica@tommy.hr, using accurate information identical to those submitted at registration, or amended during the Member’s participation in the Program. The Member may consume the accrued but unused reward points prior to their submitting the Request. Requests are processed immediately upon receiving them online, or within seven (7) days of receiving a printed request, indicating the time required for processing a Request from the time a valid Request was received by the Company. After this time the Member’s information shall be anonymized or erased in a secure manner unless different positive regulations apply. Terminating a Program membership means the invalidation of all unused reward points assigned to a Card.

6.5. The Company may exclude a Member from the Program without warning or notice in cases of suspicion of a Member’s behavior contrary to these Terms of Use, or if this is required in order for the Company to satisfy a contractual or legal demand, or in other cases listed in these Terms of Use.

6.6. In order to keep membership info up to date, the Company has the right to exclude from the Program any Member whose Card is inactive for at least 1 (one) year. In such cases all benefits to which a Member was entitled, as well as remaining accrued but unused reward points shall be rendered invalid.

6.7. On the day the Program is terminated, or on the day the Member withdraws from the Program or is excluded therefrom, the Member shall permanently lose all their Membership privileges and benefits, including the right to redeem their accrued but unused reward points.

Responsibilities:

Article 7.

7.1. Except in cases of deliberate abuse or gross negligence, the Company shall not be held liable for damages (whether material or non-material) resulting from:

  • neglecting to inform the Member of benefits, resulting in the impossibility of their use, and/or
  • faulty products, and/or
  • system malfunction including wrongly assigned benefits, which may include wrongly debited or credited reward points, and/or
  • a lack or diminishing of points or other benefits resulting from unauthorized access to systems (malware attacks and similar) and/or
  • theft, loss, copying or other unauthorized uses of the Card, the Member’s user account or user profile and reward points and other benefits listed thereat, and/or
  • cases where access to Program benefits during a single transaction/purchase was temporarily unavailable, and/or
  • actions by the Member including actions by third parties to whom the Member made their card available, or whom the Member allowed to access their user account.

7.2. The Company shall not be held liable for the accuracy of information supplied by the Member at the time of registering, nor for any possible damages (whether material or non-material) which may arise therefrom.

Final Notes:

Article 8.

8.1. All changes and amendments to the Terms of Use shall be published on the Company’s Internet pages at www.tommy.hr/program-vjernosti. Changes and amendments shall apply after 14 days have passed from the publication date of the notice, and shall be considered accepted unless the Member returns the Card to its issuer during that period or cancels the use of their Card in writing during that period. All reward points and benefits must in that case be consumed within a 14 day period, after which they shall be rendered invalid.

The court authorities in Split shall arbitrate any disputes between the Company and any Member.

In Split, November 2, 2021.


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