• TERMS AND CONDITIONS OF THE LOYALTY PROGRAM

I. GENERAL PROVISIONS

 

  1. The Terms and Conditions of the Loyalty Program (hereinafter referred to as "Terms and Conditions") set forth the rules for the use of the Loyalty Program by Customers.
  2. The following terms have the following meaning in these Regulations:
  • Organizer - J.R. MOTOR SERVICES G.B. SP. Z O.O. with its registered office in Sopot, Al. Niepodległości 659, registered by the District Court for Gdańsk-Północ in Gdańsk, VIII Economic Department of the National Court Register under KRS No. 0000186312, NIP No. 585-000-19-45 Regon No. 190061669, electronic mail address (e-mail): sales@whyte.pl.
  • Loyalty Program, Program - a promotional action called "Loyalty Program" organized by the Organizer. The Program does not constitute a game of chance or a pari-mutuel bet within the meaning of the Gambling Act of November 19, 2009.
  1. Regulations - these regulations of the Loyalty Program.
  2. Store - the online store operated by the Organizer at www.jrmotors.pl, under the terms and conditions specified in the Store Regulations.

 

II. PARTICIPANTS OF THE LOYALTY PROGRAM

 

  1. A Loyalty Program participant is any person who:
  • has registered a customer account with the Store in accordance with the Store Rules, and
  • accepted the contents of the Rules of the Store

III. POINTS IN THE LOYALTY PROGRAM

 

  1. The Participant, in connection with placing orders for goods or services through the Store, receives points from the Organizer - calculated according to the following rules:
  • Points are awarded starting from the moment the Participant joins the Loyalty Program and makes any purchase of goods or services in the Store - for a period of one year (hereinafter: Points Accrual Period).
  • After the end of the Points Accrual Period - the points earned by the Participant lose their power and cannot be used in any way (including, in particular, to obtain vouchers).
  • In determining the duration of the Points Accrual Period, contracts for the sale of goods or services concluded through the Store that are subsequently terminated, in particular as a result of the Participant's exercise of the consumer's right of withdrawal (if the Participant is entitled to this right - in accordance with the Law of May 30, 2014 on consumer rights) shall be disregarded.
  • The Participant receives points on each contract for the sale of goods or services, concluded during the Points Accrual Period (including contracts that caused the start of the Period), through the Store's website, using an account in the Store - in an amount depending on the value of the goods or services. To determine whether the contract was concluded during the Points Accrual Period - the date of receipt of the order is decisive.
  • Orders submitted to the Organizer, which do not result in the accrual of points, are orders:
  • Excluding the Store website (e.g., by telephone, etc.),
  • via the Store's website, but without logging into the Store's account.
  • Each PLN 1 spent by a Participant under the conditions described above results in the awarding of points to the Participant, depending on the type of goods or services purchased. Goods or services for which spending 1 zloty results in the awarding of points are marked on the Store's website - by an appropriate annotation under the price of the product or service or in some other visible way. In some cases, the user may not receive points for a purchase. In this case, there will be no information on the product page about the possibility of obtaining points. Points are awarded for spending a full zloty.
  • Points are automatically awarded upon receipt of the package from the courier, provided that the contract is not terminated earlier, in particular as a result of the Participant's exercise of the consumer right of withdrawal (if the Participant is entitled to this right).
  • In the event that it is determined that the points were awarded improperly, in particular under contracts for the sale of goods or services concluded outside the Points Accrual Period, or contracts which are subsequently terminated - the Organizer has the right to deprive the Participant of the previously accrued points.

 

IV. EXCHANGE OF POINTS

 

  1. A participant has the right to exchange points earned in the Program for selected products.
  2. The exchange can be made by selecting the appropriate option in the customer's account in the Store.
  3. The Organizer will award the Participant 6 points for each 1 zloty spent. Each 300 points collected has a value of PLN 1, which you can spend on selected products.
  4. Points are assigned to the Participant's account in the Store. Points are non-transferable.
  5. A Participant may use points by exchanging them for a product in the process of ordering goods or services through the Store.
  6. It is allowed to use any number of points in one order, provided that it can be only 1 product.
  7. 1 PLN will be charged for the exchanged product.
  8. In the event that the Participant decides to withdraw from the contract of sale of goods or services in respect of which he has used points invoking the consumer right of withdrawal - points will not be returned to him.
  9. The customer is entitled to use the points awarded to him to exchange them for products made available in the online store(www.jrmotors.pl).
  10. The number of points necessary to be able to exchange them for a discount or purchase a product featured in the online store, is each time described on the product card available in the online store.
  11. The funds granted to the Customer may be used by the Customer indefinitely, until the end of the promotional action called "Loyalty Program". The Customer will be informed in advance before the end of the promotional action.
  12. The Customer shall bear the cost of delivery of the Product available within the Catalogue.
  13. The accumulated funds cannot be paid out to the Customer.
  14. The Sponsor of the Prizes is the Organizer

 V. DURATION OF THE LOYALTY PROGRAM

 

  1. The Loyalty Program is introduced for an indefinite period of time, starting from 21.04.2023.
  2. The Organizer may decide to terminate the Loyalty Program at any time - provided that:
  • The Organizer will inform the Participants of its intention to terminate the Loyalty Program well in advance, at least 6 months in advance, so that the points can be used.
  • The Organizer will allow Participants to exchange the acquired points for products
  1. In the event of termination of the promotional action entitled. "Loyalty Program" - unused points lose their power and cannot be used in any way (including, in particular, to pay for goods or services in the Store).
  2. The participant does not have to use the points collected from his/her orders.
  3. In case of cancellation of participation in the Program - the Participant loses all previously acquired points.

 VI. PERSONAL DATA

 

  1. The Organizer is the administrator of the personal data collected during the Loyalty Program. Personal data will be processed by the Organizer in accordance with generally applicable regulations (including: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC [RODO] and the Act of 10 May 2018 on personal data protection, Journal of Laws of 2018, item 1000).
  2. The Organizer processes Participants' personal data for the purpose of and for the period necessary to carry out and settle the Loyalty Program.
  3. The basis for processing Participant's data is:
  • carrying out the Loyalty Program in accordance with the Regulations accepted by the Participant (Article 6.1.b RODO),
  • the legitimate interests of the Organizer, consisting in particular of the assertion of claims against Participants or defense against claims made and the conduct of correspondence, etc. (Article 6(1)(f) RODO).
  1. The Organizer does not profile Participants' personal data, nor does it transfer data to third countries (outside the European Economic Area).
  2. The Participant's personal data may be shared with third parties only if the Organizer is authorized or required to do so by law. Recipients of the data may be: entities operating the Store, entities responsible for carrying out the Loyalty Program, marketing service providers, accounting companies, payment processing companies, installation services, IT solutions providers, document disposal companies, authorized state authorities.
  3. The Participant has the right to access his/her personal data, to correct, delete or restrict processing, and the right to data portability.
  4. The participant also has the right to object to the processing of personal data - especially when there is no basis for processing or when the data is processed for direct marketing purposes.
  5. If the processing is carried out in violation of the law, the Participant has the right to lodge a complaint to the supervisory authority - the President of the Office for Personal Data Protection.

 

VII. COMPLAINTS

 

  1. In case of dissatisfaction with the way the Loyalty Program is conducted, Participants have the opportunity to file complaints - in particular:
  • in writing to the address: J.R. MOTOR SERVICES G.B. SP. Z O.O. Gdynia 81-351, ul. Tadeusza Wendy 15.
  • by e-mail, to the address: sales@whyte.pl
  1. The Participant will be informed about the manner of settling the complaint at the e-mail address from which it was sent, within 14 days from its receipt by the Organizer.
  2. The complaint procedure is voluntary and does not exclude the Participant's right to pursue claims through legal proceedings.

 

VIII. FINAL PROVISIONS

 

  1. The Organizer reserves the right to amend these Regulations at any time. In such a case, Participants will be informed of the changes via e-mail, to the address indicated at registration - at least 14 days before the changes take effect.
  2. The amendment of the Rules and Regulations may not violate the acquired rights of the Participants.
  3. With regard to Participants who are not consumers within the meaning of Article 221 of the Civil Code, a common court with jurisdiction over the seat of the Organizer shall be competent to settle any disputes arising from the application of the Regulations.
  4. The Regulations do not exclude or limit any rights of Participants who are consumers within the meaning of Article 221 of the Civil Code, which they are entitled to under mandatory provisions of law. In the event of a contradiction between the provisions of the Regulations and the mandatory provisions of law granting rights to Consumers, these provisions shall prevail.
  5. In matters not regulated by these Loyalty Program Regulations, the provisions of the Store Regulations and the Organizer's privacy policy shall apply.
  6. The Organizer, in accordance with the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes; OJ EU.L.2013.165.1) - hereby provides an electronic link to the ODR (Online Dispute Resolution) platform, facilitating out-of-court settlement of disputes between consumers and businesses via the Internet: https://ec.europa.eu/consumers/odr