PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE “CALZEDONIA LOVER” LOYALTY PROGRAM CAREFULLY. BY
PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY
REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
The “Calzedonia Lover” Loyalty Program (“Program”) is offered by Calzedonia USA Inc. (“Calzedonia,” “we,” “our” or “us”) to reward and offer exclusive advantages to our loyal customers. The Program is available to individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older, for their personal use only and not for any business or commercial purpose. The Program is limited to one (1) account per individual, and Calzedonia reserves the right, in its sole discretion, to suspend, cancel or combine accounts that appear to be duplicative. Only one (1) account may be associated with a single email address. In the event of a dispute over ownership of an account, the Member (as defined below) will be deemed to be the authorized account holder of the email address provided when joining the Program. The “Calzedonia Lover” Card (the “Card”) is personal and may not be transferred, sold, assigned, and/or shared with family, friends or other third parties.
If the “Customer Cardholder” does not accept these amendments, they shall be entitled to cancel their registration, which in any event they shall be entitled to do at any time as set out below.
In order to enroll in the Program, you are required to provide an email address to receive operational communications from Calzedonia in connection with your participation in the Program (e.g., confirmation of enrollment, termination of membership, changes in status, eligibility for rewards, account updates, etc.). By accepting these Terms, you will be automatically included in our Program mailing list and you agree to receive Program-related email communications from Calzedonia.
In order to enroll in the Program, Members must obtain and activate a Card. The Card may be used at participating
“Calzedonia” stores in the country of issuance or other participating countries (collectively, the
“Participating Stores”) or in connection with purchases online at www.calzedonia.com (the “Website”). A list of
Participating Stores is available on the Website. The Card issued by the Participating Store will initially
grant you “Follower” status (as described below).
Enrollment in the Program is only complete upon activation of the Card. In order to start earning and redeeming points, you must activate your Card at a Participating Store, with the help of a store assistant, or on the Website. The Card must be activated within twelve (12) months from the date of receipt. Notwithstanding the foregoing, you can start using your Card immediately upon issuance from a Participating Store, provided that any points you may have earned in connection with the first purchase made by using your Card will only be credited to your account upon activation of the Card.
In order to activate the Card on the Website, you will need to create a “Calzedonia Lover” account on the Website by providing your name, address, email address, cellphone number, date of birth, and Card number. You are solely responsible for ensuring and maintaining the accuracy of your account information and for updating it as needed. Please read the paragraph “Privacy Notice” in order to learn how we collect and use personal information you provide upon creating an account and using the Website.
Should you lose your Card or if your Card is stolen, you may request a replacement Card at any Participating Store, upon providing your name and email address. The lost/stolen Card will be deactivated and any points earned will be automatically transferred to the new Card. Your new Card will require activation, which can be completed on the Website or at a Participating Store, or by contacting customer care at 18555642351.
The Card cannot be used as payment for merchandise. Points are not redeemable for cash, are non-transferrable and non-negotiable.
Loyalty points will be automatically credited to the Card, once activated, upon each qualifying purchase made at
a Participating Store or through the Website.
One (1) point will be earned for every whole U.S. dollar ($1.00) spent, rounded down to the nearest dollar (e.g., $1.99 = 1 point). We may also offer promotions, for a limited amount of time, that enable our customers to earn double or triple points on select purchases, in our sole discretion and as advertised from time to time.
Points may be earned in participating countries other than the United States according to the following chart.
Only for purchases in Russia, the loyalty points will be credited subject to prior presentation of the Loyalty Card.
Eligible purchases include regular priced merchandise and exclude sales tax, discounts, handling charges,
shipping and delivery charges, and/or other excluded charges specified by us from time to time. You may also
earn points by purchasing a Calzedonia gift card; provided, however, that you will not earn any additional
points when making purchases entirely or partially paid for with such gift card.
In order to earn points, Members must present the Card, or provide name and email address, at checkout at Participating Stores before the payment is processed or, for online purchases, link their Card number to their “Calzedonia Lover” account and complete the checkout procedure on the Website through the account associated with the Card. For the avoidance of doubt, the Card must only be linked once to your account in order to earn points through online purchases. Any points that you would have earned in connection with a purchase made without presenting your Card, or your name and email address, prior to payment cannot be added to your account at a later time.
If you return any purchased merchandise or otherwise cancel a purchase previously made, points earned in connection with such transaction will be deducted from your account.
You may check your points balance at any time by requesting it at any Participating Store or by accessing the account associated with your Card on the Website. Points are typically added to your account within twenty-four (24) hours of purchase; in the event of any technical malfunction, we may experience a delay in awarding points for up to fifteen (15) business days.
The later to occur of: (i) twelve (12) months after the date of activation of the Card, or (ii) if you achieved a new status during any such twelve (12) month period, twelve (12) months after the date you achieved a new status is referred to herein as the “Anniversary Date”. After each Anniversary Date, you will start earning new points.
The Card allows customers to reach 4 different STATUSES by earning loyalty points on their purchases. Customers
will receive an increasing level of benefits in accordance with their Status.
Rewards are based on your status and are granted at the discretion of Calzedonia. Rewards are subject to change
from time to time in our discretion.
You may learn about your eligible rewards on your personal account and at Participating Stores, and you will receive an email communication when you are eligible for a reward according to your membership status. Rewards may include, without limitation and depending on your status, the following:
* Discounts cannot be combined. If you are eligible for multiple rewards in the form of discounts, the higher discount will be applied to your purchase. For example, if you are eligible for a 10% discount and a 20% birthday discount on your purchase, the 20% discount will be applied to your purchase.
To access your rewards, you must present your Card, or provide your name and email, at checkout at a Participating Store or enter your Card number before placing an order through the Website. You cannot use your rewards in connection with discounted merchandise and products subject to other promotions.
The Program and its rewards are offered at our sole discretion. Calzedonia reserves the right to
change all or any portion of these Terms, including without limitation how points are earned, any
restrictions on the types of purchases subject to the Program, the number or types of rewards
offered, or any combination thereof, at any time in its sole discretion.
Calzedonia further reserves the right to suspend or terminate the Program at any time in its sole discretion. Any changes to the Terms, suspension and/or termination of the Program will be communicated by publication on the Website, without further notice to you, and will be effective immediately. Therefore, please review these Terms and visit the Website frequently. Without limiting the generality of the foregoing, use of the Card after amendments to the Terms have become effective shall constitute acceptance of any changes thereto.
We reserve the right to audit your account at any time, in our sole discretion. If as a result of such audit we deem or suspect in our sole judgment that you have violated any of these Terms, abused the Program, engaged in any illegal activity, fraud, misrepresentation, unauthorized use of the Program, points, rewards, the Card or any other aspect of the Program, or operated more than one (1) account, your membership may be revoked in Calzedonia’s sole discretion, and you will be ineligible for further participation in the Program. Any decisions by Calzedonia concerning the termination of any Member’s membership shall be final and binding in all respects. If we suspect that you have engaged in illegal activity, fraud, misrepresentation, abuse of the Program or violation of these Terms, we also reserve the right in our sole discretion to take appropriate legal action.
Members may terminate enrollment in the Program at any time by logging into their personal account on the Website or by contacting customer care at 18555642351. In the event you fail to use your Card for five (5) years following the date of activation or of your last purchase made using the Card, whichever is later, Calzedonia reserves the right in its sole discretion to deactivate your Card and terminate your membership in the Program. If you decide to re-enroll in the Program, you will need to obtain and activate a new Card and you will be placed in level 1 – “Follower” status.
Upon termination of your enrollment or of the Program as a whole for any reason, all earned points, eligibility for rewards and status will be void and cannot be transferred to a different account or Card, and your access to the Program will automatically terminate.
The Calzedonia Group companies care about privacy and the protection of personal data. We hereby wish to inform you about how we process your personal data following the registration to the “Calzedonia Lover” Loyalty Program.
Your participation to the “Calzedonia Lover” loyalty program involves our use of your personal data.
In particular, we need to process the personal data provided to us at the time of registration (failure to provide the data marked with an asterisk involves the inability to complete the registration process, in case of registration carried out in each point of sale with the support of the sales assistants, the phone number or email address are mandatory data. Failure to provide these data involves the inability to complete the registration process) and the data relating to purchases made at points of sale Calzedonia. These data include, for example, the price and type of products purchased. With your consent, we may also use other information that you freely provide to us at the time of registration or concerning the manner in which you interact with us (hereinafter, collectively, the "Data").
More precisely, we could collect:
We may use your Data, including by electronic means:
a) for the management of your participation to the “Calzedonia Lover” Loyalty Program. Your Data will be used to provide you with discounts and other benefits, which may available to you and, more generally, for all related contractual and administrative obligations.
b) to provide you a personalized service in all our points of sale where the “Calzedonia Lover” loyalty program is active. Wherever you are, you could receive the help and advice of our sales assistants, with information (eg. for Calzedonia size, color or pattern) on items purchased in the previous 12 months at any point of sale Calzedonia or even online. Provided that Calzedonia is a global brand, such use of your Data, based on our legitimate interest, allows us to improve the quality of our services at the point of sale and to ensure a consistent service to our customers who have joined the “Calzedonia Lover” loyalty program in all our stores. In any case, if you do not wish to receive this assistance, it is sufficient that you, at the time of registration or even at a later time, ask that your Data not be used for this purpose
With your consent, we may also use your Data for the following purposes:
c) to send you, through the contact details provided to us, newsletters, information about products and services provided by us, offers and promotions, as well as to conduct market researches. For example, we may send you emails or text messages (eg. SMS e WhatsApp), send you promotional materials at your postal address or contact you by telephone via an operator. Our products are marketed under the following brands:
CALZEDONIA, INTIMISSIMI, TEZENIS, FALCONERI and SIGNORVINO.
d) to review your preferences, how you interact with us, and your purchasing behavior. In particular, in order to better understand your tastes and interest in our products and communications, we may examine - also through the use of automated systems – the information provided at the time of your registration to the “Calzedonia Lover” Loyalty Program, the purchases made at our Calzedonia points of sale in the last 12 months, your interest in communications and newsletters that we send you, the attendance of our websites, the use of our Apps and the interest in our social channels (e.g. Facebook). For further information on the Data that we may acquire through browsing our websites and/or through the use of our Apps, you may consult the relevant privacy policies. Finally, we may enrich your profile with statistical information that we may lawfully acquire from other sources: for example, in relation to your area of residence (such as demographic information, geo-referencing data, etc.) or to the electronic tools that you use to interact with us. In any case, this profiling activity is aimed at better personalizing our services and does not have any legal or other significant effect on you.
Your subscription to the “Calzedonia Lover” Loyalty Program is in no way conditional upon the provision of the above consents.
Your Data will not be processed for longer than the time required to manage your participation to the “Calzedonia Lover” Loyalty Program. In any case, information about your purchases and your interactions with us will not be processed for longer than 12 months from the date of collection. In the event that you decide to leave the “Calzedonia Lover” Loyalty Program your Data will be deleted within the following 3 months.
For the purposes of the management of the “Calzedonia Lover” Loyalty Program and for administrative purposes, we may communicate your Data to our service providers (e.g. IT services) and to the companies that manage the Calzedonia points of sale, present in the various countries where the “Calzedonia Lover” Loyalty Program is active, who will be acting as data processors, and to other third parties where there is a legal obligation to do so. A complete list of such companies will be made available by sending a written request to the following contacts.
Your Data may be transferred outside the territory of the European Union, even to countries where the level of protection of personal data may be lower than that guaranteed by European legislation. Such transfer shall, in any case, be subject to adequate safeguards for the protection of your Data and, in particular, to the standard contractual clauses approved by the EU Commission by Decision 2010/87/EC.
You have the rights of access, rectification, erasure, limitation of and opposition to the use of the Data by us, as well as the right to request the transfer to you of some of the Data.
Right of access
The data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
a) The purpose of processing;
b) The categories of personal data concerned;
c) The recipients or categories of recipients to whom the Personal Data have been or will be disclosed, in particular recipients of third-party countries or international organisations, with confirmation as to whether adequate safeguards are in place;
d) Where possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine that period;
e) The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing concerning the data subject or to object to such processing;
f) The right to lodge a complaint with a Supervisory Authority;
g) Where the personal data have not been collected from the data subject, any available information on their source;
h) The existence of an automated decision-making process, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her and, at least in those cases, meaningful information about the rationale, the significance and the envisaged consequences of such processing for the data subject.
At any time, you may check, modify or revoke your consent in relation to the purposes set out under letters (c) e (d) (including by declaring that you do not wish to receive commercial information by email and/or text messages) and/or request that your Data not be used for the purposes under letter (b).\br|Regarding the registration carried out by website you can change your preferences:
Regarding the registration carried out in each point of sale:
The data controller for the purposes under letter (a) is Calzedonia USA Inc. The data controller for the purposes under letters (c) and (d) is Calzedonia S.p.A. For the purposes under letter (b), Calzedonia S.p.A. and Calzedonia USA Inc. will be acting as joint data controllers.
You may exercise your rights by writing to the data controllers, and/or Data Protection Officer at the address below:
Registered office: Empire State Building, 350 Fifth Avenue, 41st Floor, New York, NY
This Privacy Notice may be subject to changes and updates as a result of changes concerning the way we
your Data or other information provided to you hereunder. Any changes will ensure, in any case, the full
protection of your rights. If any changes are made that may limit the guarantees for the protection of
or your rights with respect to the current version, before the processing of your Data begins in the new
you will be promptly informed through the contacts provided and you will be guaranteed the right to
the “Calzedonia Lover” Loyalty Program or, in any case, to modify your consents and preferences.
Limitation of Liability.
NEITHER CALZEDONIA NOR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, OR LICENSORS (COLLECTIVELY, THE “CALZEDONIA PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR ANY OF THE REWARDS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION THAT DEFECTS OR ERRORS WILL BE CORRECTED.
NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION ITS REWARDS, AND/OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
YOU AGREE THAT THE CALZEDONIA PARTIES SHALL NOT BE RESPONSIBLE FOR OR LIABLE IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) FOR ANY INTERRUPTION OF BUSINESS, DELAYS OR INTERRUPTIONS TO THE PROGRAM, DATA LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION, LOSS OR DAMAGES INCURRED IN CONNECTION WITH ANY THIRD-PARTY LINKS, COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS OF THE WEBSITE, ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT, ANY FRAUDULENT, IMPROPER OR UNLAWFUL USE OF THE CARD, OR EVENTS BEYOND OUR REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, CYBERATTACKS, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY).
IN NO EVENT SHALL THE CALZEDONIA PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE PROGRAM OR YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE), EVEN IF THE CALZEDONIA PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. CERTAIN STATES LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Please visit www.calzedonia.com, call customer care at 18555642351, or visit any Participating Store in order to obtain additional information concerning the Program.
The Program and these Terms will be governed by and construed under the laws of the State of New York, without reference to its conflict of laws principles. Members hereby expressly consent to exclusive jurisdiction and venue in the courts located in New York for all matters arising in connection with the Program and these Terms.