Le Klub Programme Terms and Conditions

RECITALS:

Le Klub (hereinafter “Le Klub”) is a customer loyalty programme developed and operated by Kaporal Group SAS, a company with a capital of €21,498,204 having its registered office at 20 boulevard Ampère - 13014 Marseilles - France, registered with the Marseilles Trade and Companies Register under number 793 955 501, acting both in its own name and as representative of all companies in the Kaporal Group (hereinafter “Kaporal”).

Le Klub is a programme reserved for Kaporal customers and #Kaporal ambassadors. These Le Klub programme terms and conditions (hereinafter the “Terms and Conditions”) define the conditions governing membership and the advantages Members can benefit from.


Article 1 – Participating Stores

Stores under the Kaporal brand (including Kaporal.com), including branches, franchises or affiliates, hereinafter the “Participating Stores”, proposing membership of the Le Klub programme, the accumulation of Le Klub points and accepting Le Klub Cheques with the exception of the Caen, Creutzwald, Vannes, Vesoul and Portugal stores.


Article 2 - Membership

Customers can become members: - when making a purchase in one of the Participating Stores - by publishing a photo on the #Kaporal gallery. Membership is free and personal. Customers can become members by simply asking in Participating Stores and communicating minimal personal information. FIRST NAME, SURNAME, EMAIL ADDRESS, MOBILE NUMBER, POSTCODE.

Only individuals aged over 18 can become Le Klub members. Members must be consumers, i.e. acting for purposes which do not fall within the scope of a commercial, industrial, artisanal or self-employed activity.

Membership is effective immediately. It will result in the creation of a customer account on www.kaporal.com for all individuals who do not yet have an account. This will allow members to consult the number of Le Klub points they have accumulated.

Membership is personal and nominative. Only Members can accumulate Le Klub points and benefit from the advantages described below. These advantages cannot be transferred to a third party. Only one membership per person is authorised. Minors who wish to subscribe to the Le Klub programme must obtain authorisation from their legal representatives. Kaporal reserves the right to request proof thereof at any time.

Members guarantee the accuracy of all information provided and they alone shall be held liable for any incorrect, incomplete or obsolete information. Kaporal reserves the right to request, at any time, any document proving the identity of an individual who wants to become a member or who has become a member of the Le Klub programme, in particular in the case of homonymy. Any incorrect, incomplete or obsolete membership request will not be taken into account.

It is the responsibility of Members to keep information concerning them up to date, either by asking in-store or via their Customer Account on the website www.kaporal.com. Kaporal cannot, under any circumstances, be held liable if a member fails to receive an offer due to obsolete or incorrect information.

By becoming a member, members recognise that they have read and accept the Terms and Conditions. These terms and conditions are available free of charge on the Kaporal.com website and on the Kaporal Le Klub mobile application.

Kaporal reserves the right to verify that these Terms and Conditions are respected.

Membership of the Le Klub programme is not time-limited. A member can cancel his membership at any time by contacting serviceclient@kaporal.com or sending a letter to the Kaporal Marketing Department, 20 boulevard Ampère, 13014 Marseilles.


Article 3 - Le Klub Benefits

Le Klub allows its members to benefit from:
• Points which can be converted into Le Klub Cheques and gifts;
• Exclusive Le Klub advantages, defined hereafter;
• Other advantages, benefits and invitations to exclusive Le Klub events, at Kaporal’s discretion.


Members will continue to benefit concurrently from Kaporal offers which are not exclusive to the Le Klub programme.
3.1. Accumulating points

Points are obtained in the 3 specific ways described below. Kaporal reserves the right to change its point system at any time and to organise special Bonus point operations. Points accumulated by Customers do not have any market value (except in the form of Le Klub cheques) and cannot be transferred or communicated to third parties.

3.1.1 Accumulating points by making purchases

Le Klub programme members accumulate points each time they make a purchase in Participating Stores or on Kaporal.com. These points are only counted if a member has provided his surname, first name, email address, mobile phone number and postcode when making his purchase.

For each purchase a Member makes in-store or online, he will be awarded ten (10) Le Klub points per Euro spent, on all articles (excluding gift cards purchase, see specific terms described below). These points are immediately credited for in-store purchases. For online purchases, points are credited upon dispatch of the order. Points are calculated based on the amount actually paid by the customer (i.e. after deduction of any discount) on each receipt, rounded up to the nearest euro. If a refund, credit note or exchange is requested by a member, the points related to the products concerned will be deducted from said customer’s total number of points.

For the purchase of a gift card, a fixed number of three hundred (300) points will be allocated. Using a gift card as a payment method entitles members to obtain points based on the rule of ten (10) points per Euro spent.

If a customer makes 3 purchases during the same quarter (on different days) in Participating Stores, said customer will be awarded bonus points: the points related to the third purchase will be doubled.

Purchases made by a customer before becoming a Le Klub programme member cannot give rise to the allocation of points to said Member. Likewise, if a Member forgets to sign in when making his purchase, these points cannot be counted.

3.1.2 Cumulating Bonus points by posting photos or videos on the social network Instagram and shared on the #Kaporal gallery on Kaporal.com

The #Kaporal gallery groups together a selection of photos published and shared by Internet users showcasing Kaporal products. It can be viewed on the website Kaporal.com. Internet users who have agreed to their photos being shared on the website are called ambassadors (hereinafter the “Ambassadors”).

Kaporal may offer Ambassadors, who are the Le Klub programme members, the opportunity to accumulate points for photos published on the website. Kaporal reserves the right to allocate between one (1) and fifty (50) points depending on the quality of a photo.

3.1.3 Other ways to accumulate bonus points

Kaporal offers its members the chance to win Bonus points on the Kaporal mobile application, on Kaporal.com and in points of sale.

• Either by visiting the Kaporal Le Klub mobile application or Kaporal.com pages for which Kaporal has decided to grant Bonus Points,
• Completing actions on the Kaporal Le Klub mobile application or the website for which KAPORAL has decided to grant Bonus Points,
• Or taking part in sales events.

For each visit and/or use of the above-mentioned services, only one member account can be used. The conditions concerning allocation of these Bonus points are set forth on the Kaporal Le Klub mobile application and on Kaporal.com

3.1.4 Validity of points

Points allocated to members are valid for a period of 12 months as from the date on which they are issued. Consequently, members who do not use their points within 12 months will lose said points. Lost points cannot give rise to compensation of any kind whatsoever (cash, discount voucher, gift card etc.).

3.1.5 Viewing the point balance

Members can view the number of points they have accumulated on their account at any time:
- on receipts;
- by simply asking in Participating Stores;
- by logging in to their Customer Account on the website www.kaporal.com;
- by logging in to the Kaporal Le Klub mobile application;
- by sending an email to customer services: serviceclient@kaporal.com specifying their request.

Members can also view their point history on the Kaporal Le Klub mobile application and on Kaporal.com.

3.2 Converting points into Le Klub Cheques

When a member reaches or exceeds 2,000 (two thousand) points, he can convert these points into a Le Klub cheque. This cheque will be given to the member directly at the store counter if the points are converted in-store, or sent by email if points are converted on kaporal.com or on the Kaporal Le Klub mobile application.

If a Member converts his points in Participating Stores: he can choose to convert his points into a Le Klub Cheque worth €7 which can be used for purchases over €35, only in-store. 2,000 points will be deducted from the member’s account.

If a Member converts his points on Kaporal.com or on the Kaporal Le Klub mobile application: he can choose to convert the points into a Le Klub cheque valid either in-store or on Kaporal.com - worth €7, which can be used for purchases of €35 and over. 2,000 points will be deducted from the member’s account. - worth €14, which can be used for purchases of €70 and over. The member’s account must have more than 4,000 points and 4,000 points will be deducted from said account. - worth €20, which can be used for purchases of €100 and over. The member’s account must have more than 5,000 points and 5,000 points will be deducted from said account.

List of stores which do not accept Le Klub Cheques: Caen, Vesoul, Creutwald, Vannes, in French overseas departments and territories and Portugal.

Le Klub Cheques are valid for 3 (three) months after their date of issue. Cheques can only be used for one transaction, with a minimum purchase amount, by presenting the Le Klub Cheque in-store or paying online by entering the code specified in the email received by the Member.

Le Klub Cheques cannot give rise to any refund, in full or in part, when used. No change will be given if the value of a Le Klub cheque is not used in full. Le Klub Cheques will not be replaced in the event of loss or theft. Their validity cannot be extended beyond the date indicated on the Le Klub Cheque.

Le Klub Cheques cannot be used to purchase gift cards.

In the event that a transaction for which a Le Klub Cheque was used is cancelled, the value of the Le Klub Cheque can be re-credited.

3.3 Converting points into gifts other than Le Klub Cheques

The Le Klub Programme also allows Members to convert points into gifts offered by Kaporal or its partners, via the Kaporal Le Klub mobile application and Kaporal.com.

The number of points necessary and the specific terms and conditions governing access to each gift are set forth on the Kaporal Le Klub mobile application and on Kaporal.com. For any conversion of points, a Member must have at least the required number of points.

Conversion of points by a Member constitutes their acceptance that the points required will be deducted from their Le Klub account without prejudice to actual consumption of the gift from Kaporal or the Partner.

In the event that a Member contests a deduction of points which is not followed by the actual conversion of points to a gift from one of our Partners, it will be the Member’s responsibility to demonstrate that it was impossible to use said gift within the time frames provided by the Partner which issued said gift.

If lost or stolen, gifts cannot be exchanged and are non-refundable. Moreover, gifts cannot be cancelled after registration of the conversion request unless the Member exercises his right of withdrawal.

KAPORAL cannot be held liable for use of the gifts by the holders thereof. KAPORAL cannot be held liable for any harm caused, regardless of the nature thereof, by use of the services or products, all services and products being subject to the partners’ terms and conditions.

Downloads, performances, services or products are subject to availability of seats or volumes reserved by KAPORAL and its Partners. The latter alone shall be responsible for this availability; no claim against KAPORAL in this respect will be valid.

In the event of the loss of gifts, for example due to disappearance, for any reason whatsoever, of the electronic medium, failure to click on a link, loss of connection or a Member’s refusal to convert points, the points deducted from the account will be deemed lost. Therefore, in the event that a Member does not receive gifts ordered for the above-mentioned reasons, no complaint by said member to KAPORAL and/or refund request will be valid after a period of EIGHT (8) days as from the order date of said gifts.

Right of withdrawal: In the case of the remote exchange of gifts, and when this right is acquired by a Member in accordance with the provisions of Article L.121-20 of the French Consumer Code only, the latter can benefit from a withdrawal period of SEVEN (7) clear days without having to provide reasons or pay penalties, with the exception, as may be relevant, of return costs. The practical terms and conditions of the application of this right of withdrawal will be indicated for each gift.

3.4. Free product returns for Members

Kaporal can take returns of products ordered from the website by a Member provided that the delivery address is located in mainland France or in Belgium. The products must be returned in their original condition and complete, enabling them to be marketed as new, together with the return number document.

The return can be on grounds of an apparent defect or non-compliance of the delivery with the order initially placed, or simply because the Member wishes to assert his/her right of withdrawal.

The request for a return must be made within 14 days of receipt of the order, in accordance with the following procedure:

Directly on the kaporal.com website in the Member's customer area in the section "My account/My orders", the Member can create a return agreement and a Mondial Relay prepaid shipping slip, by clicking on the products that the Member wishes to return.

The parcel must be sent from a Mondial Relay collection point only. Otherwise, Kaporal will not cover the costs of returning the products.

In the event of a dispute over the return of the order, Kaporal will systematically request proof that the Member has returned his/her order to Kaporal.

Products are to be returned without undue delay and, in any event, no later than 14 (fourteen) days after the Member has given notification of his/her decision to withdraw. This period is deemed to have been respected if the Member returns the product before the expiry of the fourteen (14) day period.

3.5. Other advantages, benefits and invitations to events

Kaporal may propose other advantages and Le Klub exclusivities reserved to all or part of its Le Klub members.

- These advantages and benefits are at Kaporal’s discretion. Customers are informed of any current advantages or offers on their Customer Account on www.kaporal.com or by email, SMS or in Participating Stores.
- Members will automatically receive emails or SMSs related to Le Klub (point balance, Le Klub cheques etc.). Refusal to receive these emails, at a Member’s request, may result in cancellation of his Le Klub programme membership.
- If a member gives his consent, Kaporal may inform him of Kaporal sales offers, invite him to events or send him information about Kaporal as well as non-exclusive information about Kaporal Klub.
- Members will be able to use their log-in details to log in to their Customer Account on the website www.kaporal.com in order to benefit from the services related to this account.
- Members can also use their log-in details to log in to the Kaporal Le Klub mobile application.

Article 4- Termination

4.1. By a member

A member can ask to terminate his Le Klub account by sending an email to serviceclient@kaporal.com or writing to the address Service marketing Kaporal, 20 Boulevard Ampère, 13014 Marseilles. In the event of termination, a Member will lose all of his points and other ongoing advantages. He will, however, still be able to use any Le Klub Cheques in his possession which are still valid.

4.2. By Kaporal

Kaporal reserves the right to definitively discontinue or suspend Le Klub membership and/or refuse use of the benefits by a member who has made purchases using payment methods which are stolen, misappropriated or with insufficient funds, or in the event of failure to respect the Terms and Conditions or clearly fraudulent use of Le Klub and its benefits. In the event of termination, a member loses all of his points and other ongoing advantages.


Article 5 – Modifications, malfunctions or ceasing of the Le Klub programme

Kaporal reserves the right, without having to justify its decision and without granting compensation of any kind to members:
- to change the Terms and Conditions of the Le Klub programme at any time
- not to send all advantages proposed to all members
- to change, suspend or interrupt the Le Klub programme, the points system or the points scale at any time.

Members are invited to regularly consult the latest updated versions of the Terms and Conditions, which can be accessed at any time on Kaporal.com.

Kaporal undertakes to make all efforts to guarantee optimal use of the services related to the Le Klub programme. Nonetheless, Kaporal will not be liable for any direct or indirect consequences of possible malfunctions of the Le Klub programme.

A Customer cannot, under any circumstances, take recourse against Kaporal for any reason whatsoever. No modification, discontinuation or malfunction of the Le Klub programme will entitle a member to indemnification.


Article 6 - Personal Data

In the context of membership of Le Klub, Kaporal collects personal data pertaining to the member.
Pursuant to European Regulation 2016/679 on General Data Protection, members are informed that the personal data collected in this connection are computer-processed in accordance with the current legal framework.

Kaporal processes the data relating to members in order to manage member Le Klub and customer accounts, provide him and inform him of services, benefits and Le Klub special offers, products and latest news

Members are informed that they have a right to access and correct data pertaining to them and of the possibility of not receiving our offers.

To simply correct data relating to identity (email address, phone number, postal address), the member can do this either:
• At a high-street store, or
• On the Website in the “My Account” / “My details” space, or
• By electronic mail to the following address dpo@kaporal.com

Kaporal suggests that members no longer wishing to receive communications should unsubscribe by one of the following means:
• Simply clicking on the unsubscribe link located at the bottom of each Newsletter, or by replying STOP to promotional text messages
• By completing the contact us form available on the Kaporal.com Website and by specifying your request, and the email address and/or phone number to be unsubscribed in your message.
• By checking “NO” on the form accessible on the Kaporal.com site by clicking on “My Account / My Information”

For any other query, the member may exercise his rights by sending his request to our Customer Services Department by any of the following means:
• By electronic mail to the following address dpo@kaporal.com
• or by post to the following address: Kaporal Collections – Marketing Department – 20 Boulevard Ampère – 13014 Marseille - France

When made by letter or email, such requests for access, correction or opposition must be accompanied by a photocopy of the ID of the person exercising this right.

Kaporal will take such requests into account at the earliest opportunity.

Where a member’s account has been inactive for 3 years from the last contact from the member (in particular a request for documentation, a click on a hyperlink contained in an email or a text message, logging on to Kaporal.com or making a purchase with Kaporal), the account shall be deactivated.

For more information, Kaporal invites its members to read its Privacy Policy, available on the Kaporal.com Site.


Article 7 - Governing law / Disputes

These Terms and Conditions are governed by French law.

Subject to public policy provisions applicable regarding jurisdiction (and in particular for individual customers acting as consumers), only the courts located in the geographical area of the Kaporal registered offices will have jurisdiction to hear any dispute regarding these terms and conditions, and in particular any dispute regarding their validity, interpretation, performance and/or termination and the consequences thereof.


Article 8 – Specific Terms and Conditions of the Kaporal Le Klub mobile application

The Kaporal Le Klub mobile application was created by MOONMILES, a Société par Actions Simplifiée with a capital of €195,440.00, registered with the Bordeaux Trade and Companies Register under number 801 093 097, having its registered offices at Parc Scientifique UNITEC1, 2 allée du Doyen Georges BRUS 33600 PESSAC.

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