Art. 1 Definitions
The expressions shown below, both in the plural and the singular, have the precise meaning shown beside each of them:
- "Customer" means the addressee of the Program, a natural person, over the age of sixteen (16), resident or with their domicile in the Territories, who has registered accepting the Regulations and identified by the email address shown on registration and present in the Personal Customer Profile;
- "Colmar“ means the Promoter as defined below;
- "Conditions of sale mean the general conditions of sale present on the Site;
- "Stores" means the Flagship Stores and direct full-price Colmar stores belonging to the Program in the Countries as regulated in Art. 2. The following are excluded: i) outlet stores, ii) franchises, iii) corners including in department stores, iv) temporary shops and v) resellers;
- "Products" means goods with the Colmar® brand that can be purchased i) online as they are present on the Site and/or ii) in the Stores;
- "Personal Customer profile“ means the profile of the Customer created on the Site or using the tablets of the Promoter present in the Stores;
- "Program“ means the program of recognition of the Customers who make purchases on the Site and/or in the Stores and use their email address. The program of recognition consists, for those who intend to use it, by way of example and not exhaustively, discounts, advantages, experiences, special dedicated initiatives and services according to the level reached. The Program is disciplined, as is joining it, by the Regulations in particular in Articles 4 and 5;
- "Promoter“ means Manifattura Mario Colombo & C. S.p.A., Italian tax number 00763670155 and VAT Reg. no. 00691110969, registered office Via Olimpia 3, Monza;
- "Regulations“ means these regulations set out by the Promoter;
- "Site“ means the Internet website www.colmar.com, which hosts the online sales platform managed by Colmar and protected by the COMODO RSA Domain Validation Secure Server CA certificate. Colmar reserves the right to modify, at any time, the certificate. The program is valid for the Customer with a country of registration and purchase in the Site of the Territories;
- "Territories“ means Italy, Austria, France and Germany.
Art. 2 Joining the Program, Period of Validity and Purpose
Joining the Program is free of charge and may be done on the Site or physically at the Stores, by filling in all the information requested and creating a Personal Customer Profile.
Membership of the Program takes effect from the time when registration is successfully completed on the Site.
In the case of registration in the Stores, on the other hand, membership takes effect from the time when the Customer confirms it by clicking on the email of confirmation received at the address given, this way activating the Personal Customer Profile. Without prejudice to the provisions of Art. 6 below, the Colmar Stores belonging to the program where it is possible to join, are those in Bolzano, Campiglio, Cortina, Courmayeur, Kitzbuhel, Milan, Rome, Paris, Verona and Torino.
Membership of the program has no time limit except for the provisions in Articles 4,6 and 7 below.
Each Customer can create only one Personal Customer Profile with only one email address.
Membership of the program requires the understanding and acceptance of the Regulations and of the terms therein by the Customers.
The sole purpose of the program is to create loyalty amongst Customers through a loyalty program, which recognizes advantages for them as they are holders of a Personal Customer Profile.
Art. 3 Levels of the Program
The use of an email address present in the Personal Customer Profile for purchases, accumulating loyalty points, in accordance with Art. 4 below, gives the Customer the chance to reach 3 different levels. Depending on the level, the Customer can receive increasing gratifications.
The first level –Basecamp Monza – is acquired immediately with membership of the program. On reaching 900 loyalty points, the Customers goes on to the second level, Chalet “La Ceffa”. If the Customer does not reach the loyalty points necessary to go up to the second level, they remain at the first level for the entire duration of the Program. If the Customer reached, with only one purchase, the threshold of 900 loyalty points, they go directly from the Basecamp Monza level to the Chalet “La Ceffa” level. The Customer who is at the “La Ceffa” goes up to the third level, “Vetta Colmar” (Colmar Peak) on reaching 1923 loyalty points.
The levels of the program apply in all the territories.
Art. 4 Acquisition, crediting and validity of the loyalty points
The loyalty points are automatically uploaded to the Personal Customer Profile after each purchase made on the Site or in the Stores, except in the cases in the following paragraphs. For each euro spent, rounded down (e.g. €1.99 = 1 point = 1 metre) 1 point is earned.
The loyalty points from purchases made on the Site can be credited only if the Customer has previously accessed their Personal Customer Profile, completing the purchase as a logged-in user; if they decide to proceed as a guest user, no loyalty points are credited. The loyalty points will be temporary for 30 days, therefore after the period in which the right to cancel/return has lapsed, pursuant to the Conditions of Sale. After this period, the loyalty points will be accredited as permanent.
Crediting the loyalty points for the purchases made in the Stores is possible only after communicating the email shown in the Personal Customer Profile when paying. The loyalty points will be temporary until the Customer, if this is the first purchase and therefore of membership according to Art. 2, confirms their membership in the Program by clicking on the email of confirmation received at the address given, in this way activating the Personal Customer Profile.
The loyalty points earned in the Stores situated in the Territories, excluding Italy, are uploaded to the Personal Customer Profile as follows:
- Austria, value of loyalty points in local currency: 1€ = 1 POINT = 1 metre
- France, value of loyalty points in local currency: 1€ = 1 POINT = 1 metre
- Germany, value of loyalty points in local currency: 1€ = 1 POINT = 1 metre
Without prejudice to the levels of the Program as per Art. 3 above.
The loyalty points cannot be credited after the time shown, whether in the case of a purchase made on the Site or in the Stores.
The returns and refunds for purchases made on the Site, including in accordance with the Conditions of Sale, generate the cancellation of the loyalty points according to the same criterion as their crediting. The returns and refunds for purchases made in the Stores do not generate the cancellation of the loyalty points in consideration of the issue of “store credit”.
Specific campaigns to earn extra loyalty points may be held, at the discretion of Colmar, of which adequate publicity and communication to the Customers will be given.
The loyalty points earned are valid for 24 months which takes effect from when they are permanently credited to the Personal Customer Profile.
The following do not contribute to the collection of loyalty points:
- Purchases for commercial and/or professional activities, for which a request is made for the issue of an electronic invoice on the VAT number given at the time of the purchase;
- Purchases made on the Site as a guest and not logged in;
- Purchases made in the Stores using store credit;
- The costs for shipping services for the purchases made on the Site;
- The costs relative to methods of payment such as, by way of example and not exhaustively, payment with cash on delivery;
- Any gift wrapping applied to the products and/or other additional services available on the Site at the time of purchase;
- The costs relative to alteration services for purchases in the Stores.
Art. 5 Privileges of the Program
Customers can benefit from discounts, advantages, experiences, special dedicated initiatives and services, which will be adequately publicized and communicated each time.
In particular, the following privileges are defined as of now:
- For those at all the levels, a special birthday offer that can be used in the 5 days before or 60 days after the Customer’s birthday and access to private sales;
- For those at the second level, Chalet “La Ceffa”, and the third level, Vetta Colmar (Colmar Peak), promotions and/or offers in periods that may be decided by Colmar, with its decision being final as well as a symbolic welcome gift which can be collected in the Stores or ordered online when the Chalet “la Ceffa” level is reached;
- For those at the Vetta Colmar (Colmar Peak) level, participation in exclusive events, “Colmar Experiences”, express shipment that is always free of charge and free returns for purchases made on the Site.
Art. 6 Modification, Suspension and Interruption of the program. Exoneration.
The promoter reserves the right to modify and/or suspend and/or interrupt at any time whatsoever and at its discretion, in all or in part, the program giving notification of this by including an appropriate notice on the Site and/or in the Stores through the email address in the Personal Customer Profile. Without prejudice to the provisions of the following paragraph and Art 7, the Customer may not put forward any objection and/or complaint.
The Customer who does not accept the modifications made has the faculty of cancelling their membership. However, this faculty can be exercised at any time pursuant to Art. 7 below.
The use of the email present in the Personal Customer Profile for the purchases, after the modifications have come into force, entails the explicit and full acceptance of the modifications made.
Except any other right according to the law, including the right to compensation, the Promoter may revoke, at its discretion, the Customer’s right to the use of the email address in the Personal Customer Profile and deactivate it for purchases, as well as deactivate the Personal Customer Profile, in the case of use in infringement of the conditions as per these Regulations and/or in the event of abusive and/or damaging and/or defamatory use of the “Colmar®” image and brand.
The promoter is not responsible for any consequences, direct and/or indirect, connected with dysfunctions and/or malfunctions of the program and/or of the Site not depending on its will, nor is it responsible for any fraudulent and/or improper and/or abusive use of the email address present in the Personal Customer Profile.
The loyalty points collected may not be transferred to third parties, or converted into money and/or other currency and/or bitcoins and/or Products.
In no case may the Customer take on the description of and introduce themselves as, by way of example and not exhaustively, employee and/or representative and/or agent and/or principal of Colmar.
The privileges of the program cannot be accumulated with other privileges and/or advantages and/or discounts including commercial and/or promotions for the employees and/or collaborators of Colmar.
Art. 7 How to cancel membership
The Customer may request freely and at any time whatsoever to be cancelled from the program by sending, from the email address communicated on joining and present in their Personal Customer Profile, a notification to the email address email@example.com, putting “CANCEL ME FROM COLMAR CLUB ALTA QUOTA” in the subject line.
From the date on which the request of cancellation is received, the acquisition and the crediting of loyalty points is disabled, the loyalty points matured up to that point are cancelled and the level reached is lost. It is agreed that if a Customer wants to take part again in the Program, the count of the loyalty points will start again from zero and they will start again from the first level (Basecamp Monza).
Art. 8 Communications and Contacts
Each change of level, as well as every other notification relative to the program, will be sent to the address shown on joining and present in the Personal Customer Profile.
For all requests of information relative to the program and these Regulations, complaints and suggestions, the Contact can contact the Promoter:
- By visiting the page on the Program on the Site, accessible at the link https://www.colmar.com/loyalty/loyalty.html;
- in the Stores;
- By writing to customer service, by filling in the form on the Ste at the link https://www.colmar.com/contactus.
The promoter will try to provide an answer as soon as possible.
Art. 9 Personal data processing
The Promoter, as the Data Controller, respects the provisions on the protection of personal data according to EU Regulation no. 2016/679 and the national laws of reference and complies with the obligations arising from these, adopting the technical and organizational measures that are appropriate to guarantee a level of security that is adequate for the risk.
Art. 10 Language of the Regulations
The Regulations are in Italian, English, French and German. In the case of dispute regarding the terms of the Regulation, the Italian version prevails, and it can always be consulted by the Customer at the link https://www.colmar.com/it/note-legali-e-privacy/loyalty.
Art. 11 Applicable law and exclusive competent court
Italian law applies to this Program. Any dispute regarding the interpretation and the execution of the Program and any other dispute connected to the same for any reason whatsoever will be referred to the indisputable competence of the judge of the place of residence or domicile of the Customer, if in Italy. For Customers who are not resident or domiciled in Italy, the Court of Monza has exclusive competence.