LOYALTY PROGRAM REGULATIONS
TERMS AND CONDITIONS OF THE PROMOTIONAL PROGRAM
"B Club"
§ 1. General
1. These Terms and Conditions (hereinafter: "Terms and Conditions") define the terms and conditions of participation in the promotional program for Berries&Co Clients under the name "B Club" (hereinafter: "Promotional Program").
2. The Organizer of the Promotional Program is Berries&Co spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (registered office address: 46/7 Mokotowska Street, 00-543 Warsaw), entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0001097169, with NIP (Tax Identification Number): 7010517464, REGON (National Business Registry Number): 362910109, with share capital in the amount of PLN 5,000.00 (five thousand zlotys) (hereinafter: "Organizer").
3. Contact with the Organizer is possible via:
1) e-mail – at: shop@berriesandco.pl;
2) traditional mail – at the following address: 44 Zelwerowicza Street, 02-928 Warsaw;
3) phone – at: +48 881 027 928.
4. In order to participate in the Promotional Program, it is necessary to read and accept the Terms and Conditions.
5. The personal data of the Participants are processed in accordance with the principles set out in the Privacy Policy.
§ 2. Definitions
1. Capitalized terms used in the Terms and Conditions, which are not otherwise defined in the Terms and Conditions, have the following meanings:
1) Berries - points that are collected by the Participants as part of the Promotional Program, by making purchases in the Organizer's Store and achieving other goals set by the Organizer, which then entitle to obtain a discount in the Organizer's Store in accordance with the provisions of the Terms and Conditions;
2) Organizer's Store Terms and Conditions – terms and conditions of use of the Organizer's Store, available at: https://berriesandco.pl/pages/regulamin;
3) Organizer's Store – an online store run by the Organizer at the following address: www.berriesandco.pl;
4) Participant – a person who has met the conditions for participation in the Promotional Program specified in the Terms and Conditions or has taken steps to meet them.
2. Capitalized terms used in the Terms and Conditions, which are not defined in section 1 above or in the Terms and Conditions, have the meaning assigned to them in the Organizer's Store Terms and Conditions.
3. In cases not covered by the Terms and Conditions, the provisions of the Organizer's Store Terms and Conditions shall apply.
§ 3. Participation in the Program
1. The Promotional Program runs from 11.09.2023 at 0:00 until further notice.
2. Participation in the Promotional Program is voluntary.
3. The Organizer does not charge any fees from the Participants for participation in the Promotional Program.
4. The Promotional Program may only be used by Participants with an Account.
5. Only a natural person with full legal capacity and being a Consumer may be a Participant.
6. To participate in the Promotional Program, the Participant should do the following during the Promotional Program period:
3) create an Account in the Organizer's Store;
4) tick the checkbox next to the declaration of having read the Terms and Conditions, the Organizer's Store Terms and Conditions and the Privacy Policy and accepting their provisions.
7. The Participant acquires the rights and obligations related to participation in the Promotional Program at the moment of performing the activities indicated in section 6 above.
8. The Promotional Program does not apply to Clients who make purchases in the Organizer's Store without creating an Account.
§ 4. Berries
1. The Promotional Program allows Participants who purchase Goods offered by the Organizer's Store to obtain and collect Berries.
2. Berries can be exchanged for discounts in the Organizer's Store in accordance with the provisions of the Terms and Conditions. Each 100 Berries obtained by the Participant is exchanged for a discount to be used in the Organizer's Store in the amount of PLN 5.00.
3. The Participant receives Berries by making purchases in the Organizer's Store – except for the purchase of products excluded from the Promotional Program – as well as by achieving specific goals set by the Organizer, according to the following conversion rate:
EVENT NUMBER OF BERRIES
- every PLN 1.00 spent in the Organizer's Store
- 1 Raspberry
- creating an account in the Organizer's Store
- 25 Berries
- Participant's birthday
- 100 Berries
- Newsletter Sign-up
- 100 Berries
- Anniversary of acquaintance with B Club
- 100 Berries
- Third purchase
- 200 Berries
- every PLN 1,000.00 spent in Organizer's Store (regardless of Berries for every PLN 1.00)
- additional 100 Berries
4. In the case of Berries received in exchange for funds spent in the Organizer's Store as part of purchases made by the Participant, Berries are awarded only for purchases made by Consumers.
5. In the case of Berries received in exchange for funds spent in the Organizer's Store as part of purchases made by the Participant, Berries are charged only for each full PLN 1 (PLN 1.00) spent during purchases. The part of the zloty spent (PLN 1.00) is not included, and in this case the basis for calculation is the gross sum rounded down to the nearest zloty.
6. In the case of discounted products, Berries are charged only for the amount actually paid by the Client (price after discount).
7. The Organizer may also award Berries for other activities performed by the Participants in the Organizer's Store, which are not purchases.
8. Berries are assigned to the Participant automatically, no later than within 30 days from the moment of meeting the condition for their granting indicated in the Terms and Conditions.
9. The Participant's Berries balance is visible in the Account and is updated automatically.
10. Berries cannot be exchanged for money. Berries are not electronic money.
11. Berries are assigned to a specific Account and cannot be transferred to another Promotional Program Participant.
12. The participant cannot transfer Berries to a third party.
13. If, after the purchase of the Goods, the Participant exercises the right to withdraw from the Sales Agreement of this Product, the Berries granted in connection with this purchase are subject to cancellation.
14. The Participant may exchange the obtained Berries for a discount that can be used in the Organizer's Store.
15. The exchange of the obtained Berries for a discount is made using the Account. After the exchange, the balance of the Participant's Berries will be reduced by the number of Berries exchanged for the discount.
16. The collected Berries can be exchanged for a discount only when shopping in the Organizer's Store.
17. The Organizer may periodically award Berries for activities other than those specified in § 4 section 3 above (table), as well as may apply special rules for awarding Berries, including in relation to certain products or groups of products.
18. The Organizer may carry out periodic point promotions, consisting in particular in the fact that for purchases of certain goods or for purchases made within a specified period of time, the Participant is entitled to a greater number of Berries than in the case of the standard point conversion rate indicated in § 4 section 3 above (table).
19. The Organizer is not responsible for the consequences of using the discount obtained from Berries by an unauthorized person who came into possession of them for reasons not attributable to the Organizer.
§ 5. Other benefits for Participants
1. The Organizer is entitled to grant the Participants discounts or other benefits other than those indicated in § 4 of the Terms and Conditions, without the need for the Participants to have and use Berries.
2. The Organizer is obliged to notify the Participants of the granting of the benefits referred to in section 1 above by publishing information about the benefits granted in the Organizer's Store.
3. The Organizer is entitled to grant and revoke the benefits referred to in section 1 above at any time. However, the benefits that were used by the Participants before their withdrawal are not subject to revocation.
4. Granting or withdrawing the benefits referred to in section 1 above does not constitute an amendment to the Terms and Conditions.
§ 6. Participant Violations and Abuses
1. In the event of any violation of the Terms and Conditions or the Organizer's Store Terms and Conditions by the Participant, as well as if the Participant is justified in suspicion of obtaining Berries or other benefits in the Promotional Program in an unauthorized manner, the Organizer is entitled to suspend participation in the Promotional Program or refuse to use the Berries collected by the Participant.
2. Suspension of participation in the Promotional Program takes place for the time necessary to clarify the doubts that have arisen, but not longer than 30 days.
3. During the suspension of participation, the Participant may not receive and exchange Berries for discounts or otherwise obtain benefits under the Promotional Program.
4. After clarifying the doubts that have arisen, the Organizer – depending on the findings made as a result of the investigation – may:
1) unblock the Participant's participation in the Promotional Program and if the suspicion of abuse on the part of the Participant turned out to be unfounded, grant additional Berries as compensation;
2) unblock the Participant's participation in the Promotional Program with the information that further abuse may result in the Participant's immediate exclusion from the Promotional Program. In such a case, if the investigation shows that as a result of the Participant's abuse, undue Berries was charged or other benefits were obtained by the Participant, the Organizer will deduct the undue Berries or other benefits obtained in this way;
3) with immediate effect, exclude the Participant from the Promotional Program by informing him of the reason for exclusion.
§ 7. Resignation from participation in the Promotional Program
1. The Participant may resign from participation in the Promotional Program (terminate the agreement for participation in the Program) at any time, without the need to provide a reason. For this purpose, the Participant may delete his Account or contact the Organizer.
2. Resignation from participation in the Promotional Program is tantamount to the deletion of the Account. The Organizer reserves the right to verify the identity of the Client requesting the deletion of their Account.
3. Detailed provisions regarding the Account are available in the Organizer's Store Terms and Conditions.
4. Resignation from participation in the Promotional Program is tantamount to the Participant's loss of all Berries not used until the moment of resignation from participation in the Promotional Program.
§ 8. Complaints
1. In the event of noticing irregularities regarding the Promotional Program, the Participant may file a complaint.
2. Complaints may be submitted only during the Promotional Program and within 7 (seven) days from the date of its completion.
3. Complaints may be submitted only by e-mail, at: shop@berriesandco.pl.
4. The complaint should include:
1) the name and surname of the Participant;
2) the Participant's e-mail address;
3) a detailed description of the event giving rise to the complaint;
4) complaint request.
5. Complaints that do not meet the requirements indicated in section 4 above will not be considered by the Organizer.
6. The Organizer shall consider the complaint within 14 (fourteen) days from the date of its receipt.
7. Complaints are considered on the basis of the provisions of the Terms and Conditions and the provisions of generally applicable law.
8. The decision on the complaint is sent by the Organizer to the e-mail address indicated by the Participant in the complaint.
9. The Organizer's decision on the complaint is final and cannot be appealed.
§ 9. Dispute resolution
1. The Participant has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims.
2. Detailed information on the possibility of using out-of-court methods of handling complaints and pursuing claims by the Participant and the rules of access to these procedures are available at the offices and on the websites:
1) district (municipal) consumer ombudsmen and social organizations, whose statutory tasks include consumer protection;
2) Provincial Inspectorates of Trade Inspection;
3) Office of Competition and Consumer Protection.
§ 10. Changes to the Terms and Conditions
1. The Organizer may amend the Terms and Conditions in the event of:
1) change the subject of the Organizer's activity;
2) a legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current legal status;
3) preventing violations of the Terms and Conditions or counteracting abuse;
4) removing ambiguities or interpretation doubts regarding the content of the Terms and Conditions;
5) extension of the Promotional Program to new communication platforms;
6) changes in the scope of joining the Promotional Program by Participants;
7) the Organizer's decision to introduce more favorable conditions for participation in the Promotional Program.
2. An amendment to the Terms and Conditions may not result in the introduction of less favourable conditions for participation in the Promotional Program for the Participants.
3. The Organizer informs about the amendment to the Terms and Conditions by making the amended version of the Terms and Conditions available on the Organizer’s Store and by sending the amended version of the Terms and Conditions to the Participants by e-mail.
4. A Participant who does not agree to the amendment of the Terms and Conditions may, within 7 (seven) days from the date of receipt of the amended version of the Terms and Conditions, resign from participation in the Promotional Program in the manner indicated in § 7 of the Terms and Conditions.
§ 11. Termination of the Promotional Program
1. The Organizer may terminate the Promotional Program at any time for important reasons, which is:
1) a change in generally applicable laws having a direct impact on the Promotional Program and resulting in the need to terminate it;
2) economic unprofitability of the Promotional Program;
3) issuance of a ruling or decision by a court or authorized public authority regarding the Promotional Program and resulting in the need to terminate it;
4) introduction of other forms of promotional and marketing activities related to the Organizer or the Organizer's Store in place of the Promotional Program.
2. The Organizer shall notify the Participants of the termination of the Promotional Program along with an indication of the date of termination of the Promotional Program, provided that this date may not be earlier than 14 (thirty) days from the date of sending the notification of the termination of the Promotional Program.
3. After the end of the Promotional Program, the Organizer suspends the granting of Berries and any other benefits.
4. The Participant may use Berries, and any other benefits accumulated until the end of the Promotional Program for the next 2 months from the date of termination of the Promotional Program. After the expiry of the period referred to in the preceding sentence, the Berries not used by the Participant and any other benefits will be forfeited.
§ 12. Final provisions
1. The applicable law for the Terms and Conditions is the Polish law.
2. The current version of the Terms and Conditions is effective as of March 25, 2025.