General Terms & Conditions

Transcription

1 General Terms & Conditions These general Terms and Conditions are only applicable to the BNP Paribas Fortis customers who received an invitation to participate in the loyalty program. 1. Access criteria 1.1 The customer must have an address in Belgium to be used for the gift delivery. 1.2 The address provided by the customer during the order process will be used for communication (eg. confirmation ) and as a delivery address for certain gifts (eg. e-voucher). The address provided therefore needs to be valid and in use. 2. Choice of gift 2.1 Choosing a gift can only be done by going to the website of the BNP Paribas Fortis loyalty program: Before choosing a gift, the customer needs to identify himself with the unique log-in code he received from BNP Paribas Fortis by , by post or via his advisor. 2.2 The order process the customer has to go through consists of the following steps: 1. Enter the unique log-in code on the home page of the website 2. Select the gift 3. Enter a delivery address (Belgium only) 4. Validate the order and the delivery address 5. Accept the general Terms and Conditions and confirm the order 2.3 The partner of BNP Paribas Fortis for this loyalty program will send an order confirmation to the customer per The gifts offered, from which the customer can choose one, are accompanied by a short descriptive text. The images of the gifts are as truthful as possible but are non-contractual (eg. color, size, model, etc.). 2.5 Each unique log-in code gives right to one gift only as described on the website. If the customer wants to make a change to the chosen gift (eg. dimensions of the photo prints), the supplier has the right to charge an additional fee. 2.6 Each unique log-in code enables the customer to choose one gift only. 2.7 Gifts may be removed from the selection at all times, and/or being replaced by other gifts of the same value. The customer will not be notified in advance. The gifts are only available as long as supplies last. 2.8 Participation in the BNP Paribas Fortis loyalty program is subject to the acceptance of the general Terms and Conditions. The customer acknowledges having read and understood the Terms and Conditions before confirming his order.

2 2.9 All data provided during the order process and its confirmation are evidence of the transaction. The confirmation shall be considered as a signature and as acceptance of the transaction by the customer. 3. Delivery of the gift 3.1 The gift will be delivered to the address provided during the order process. Digital gifts (e-vouchers) will be sent by , physical gifts will be delivered to the address provided by the customer in the course of the next five working days. Donations to charity will be transferred directly to the charity organization. 3.2 The following delivery times have to be taken into account: - digital gifts: the e-voucher will be sent immediately after the customer has confirmed the order; - physical gifts: the gift will be delivered to the address chosen by the customer within the next five working days; - gift to a charity organization: the gift will be transferred directly to the charity organization. The customer will not obtain a fiscal certificate. 3.3 The above mentioned delivery times are purely indicative. Possible delays do not give the customer the right to cancel the order, refuse the delivery or request compensation. 3.4 The items ordered cannot be returned or changed, unless the gift is damaged or does not conform with the order (see articles 3.5 and 3.6). 3.5 Upon receipt of the gift, the customer shall check any visible faults and make sure it conforms with the order. Visible faults, as well as non-conformity with the ordered gift must be declared to the customer service via on cadeau.bnpparibasfortis@1to1.com or by phone on the number 02/ within the time frame of 5 working days from receipt of the gift. The gift shall be considered as accepted if no notification of visible fault and/or non-conformity is received within this timeframe. 3.6 Hidden faults must be mentioned to the customer service via (cadeau.bnpparibasfortis@1to1.com) or by phone on the number 02/ within the timeframe of 8 weeks after the delivery of the gift. The gift shall be considered as accepted and in conformity with the order if no notification is given within this timeframe. 3.7 If the observations regarding hidden or visible faults and non-conformity with the order are legitimate, BNP Paribas Fortis will replace or repair the gift or the faulty parts at its own cost. Complaints regarding small differences, inevitable faults, quality, color differences, weight or degree of finish will not be taken into account and will not be answered. 3.8 BNP Paribas Fortis declines all responsibilities for the gifts. The delivered gifts are only guaranteed within the scope of the manufacturer warranty. In this context it is recommended to preserve the original packaging. Faults due to attrition or an external intervention (bad disassembly, improper maintenance, misuse, water damage, etc.) are excluded from warranty, as well as the batteries of certain devices. 3.9 Questions regarding non delivered gifts will only be taken into consideration once the maximum delivery time of 3 weeks has expired. The customer may claim a non-delivered gift up to 10 weeks after the order.

3 4. Privacy protection 4.1 The personal data that is collected within the scope of the BNP Paribas Fortis loyalty program will be recorded in the files of TTEC, BNP Paribas Fortis partner in the implementation of the program. 4.2 BNP Paribas Fortis, with its registered office at 1000 Brussels, Warandeberg 3, is responsible for processing the personal data processed in the context of this loyalty program. TTEC, with its registered office at Hooikaai 55, 1000 Brussels, acts as processor on behalf of BNP Paribas Fortis. 4.3 The personal data that the customer passes on will only be used in the context of the loyalty program. In concreto this means: for sending a confirmation after completing the order process; for sending the chosen gift, whether or not through an intermediary; for sending a track & trace link so that the customer can track his shipment; for possible intervention via the customer service (for questions or complaints); for any returned shipment (customer service will contact the customer to report this on the one hand and to rectify this on the other); for reporting and market research commissioned by BNP Paribas Fortis. In no case the data will be used for commercial purposes. 4.4 The provision of the personal data is absolutely necessary in order to obtain the offered gift. If the customer does not wish to pass on his personal data, he will not be able to claim the offered gift. 4.5 The personal data will be stored in the files of TTEC for a period of six months. The personal details will be permanently deleted after six months. This implies that a customer can no longer call the customer service after this period. The six-month period starts on the day the order was placed. 4.6 In accordance with applicable regulations, the customer has the right to: - Access: the customer can obtain information about the processing of his personal data and obtain a copy of such personal data. - Rectification: if the customer believes that his personal data are incorrect or incomplete, he may request that these personal details be modified. - Erasure: he can request the erasure of his personal data. - Restriction: he may request the limitation of the processing of his personal data. - Objection: he can object to the processing of his personal data for reasons related to his specific situation. He has an absolute right to object to the processing of his personal data for direct marketing purposes, including profiling related to direct marketing. - Withdrawal of the consent: if the customer has given his consent to the processing of his personal data, he always has the right to withdraw this consent. - Data portability: to the extent legally applicable, he has the right to obtain the personal data he has provided or, to the extent technically possible, transfer it to a third party. The customer can fully enjoy these rights by contacting TTEC's customer service at any time, who acts for this purpose in the name and on behalf of BNP Paribas Fortis (by telephone on or by cadeau.bnpparibasfortis@1to1.com).

4 4.7 Finally, the customer also has the right to file a complaint with the data protection authority in Belgium if he does not receive a reply to one of the above requests from articles 4.5 and 4.6 ( 4.8 The customer recognizes that personal data transfer via or internet always contains a risk. The customer therefore acknowledges and accepts that BNP Paribas Fortis can never be held responsible for the damage that the customer may incur through the unlawful use of personal data by third parties who have not obtained permission to do so 4.9 Use of Cookies - Cookies are small bits of information which are downloaded to the device used to visit a website. Each time that the same website is visited again, this device will be recognized. By using cookies, information about visits and visitors will temporarily be saved by that website. Other websites may also recognize the device used through that same cookie. Per visit, various types of cookies may be used. When visiting the website of the BNP Paribas Fortis loyalty program, the client agrees by default that BNP Paribas Fortis places this cookie on the client s device: language preference. 5. Intellectual property 5.1 The website and its texts, photos, images, icons, sounds, clips, software, database, structures, lay outs and all other aspects and parts of the website are protected by intellectual property rights and/or other rights reserved to BNP Paribas Fortis. Access to and usage of the website shall never give the customer the right to claim any element and can never be interpreted as a transfer of or license for those intellectual property rights. 5.2 The customer may not reproduce, display, modify, transfer, publish, adapt or exploit this website, in part or in a whole, without prior written consent. 6. Varia 6.1 BNP Paribas Fortis may change or discontinue this loyalty program at any time, without further obligation in the future. 6.2 BNP Paribas Fortis has the right to adapt these General Terms and Conditions at any time without notifying the customer. 6.3 These General Terms and Conditions are subject to Belgian legislation. Any disputes shall be subject to the Belgian law and the Belgian courts of the judicial district of Brussels. 6.4 If (a part of) one of the conditions in these General Terms and Conditions is contradictory with Belgian legislation, the validity and enforceability of the other clauses will not be jeopardized. The contradictory clause will automatically be replaced by a valid and enforceable clause which best respects the purpose and scope of the original clause.

5 6.5 The customer may not renounce or transfer his rights and obligations arising from these General Terms and Conditions (partially or as a whole, direct or indirect) without prior written consent. 6.6 The customer always has the right to revoke the acceptance of these General Terms and Conditions. He can contact the customer service department at any time (by phone on or by cadeau.bnpparibasfortis@1to1.com). Consequently, no order will be taken if the order has not yet been sent. If the order has already been sent, the customer will no longer be able to enjoy any service from our customer service (questions, complaints, returns, etc.). 7. Contact Details For any additional questions or information, please contact: TTEC Hooikaai Brussels, Belgium Phone: +32 (0) cadeau.bnpparibasfortis@1to1.com Opening hours: Monday to Friday between 8.30am and 5pm. Not available during weekends and on public holidays.