GENERAL TERMS AND CONDITIONS
 

OF THE ROGER&GALLET LOYALTY PROGRAM

ARTICLE 1: PURPOSE
The ROGER&GALLET loyalty program (hereinafter the "Program") is organized under the management of LABORATOIRE NATIVE, a simplified joint stock company with share capital of 6,500,000 euros, whose registered office is located at 4 rue Euler, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 882 773 658 (hereinafter the "Organizing Company").
The Program is a loyalty system enabling participants (hereinafter the "Member" or "Members") who purchase certain ROGER&GALLET products to accumulate loyalty points, under the conditions defined below, thanks to which they may be offered gifts and/or benefits (hereinafter the "Loyalty Offer").
The Program is implemented exclusively on the roger-gallet.com website (hereinafter referred to as the "Website").
 

ARTICLE 2: MEMBERS
Members
Participation in the Program is open to any individual of legal age residing in mainland France.
Participation in the Program is subject to the creation of a user account on the Website, automatically entailing acceptance of the present terms and conditions, and the accumulation of points by making one or more purchases on the Website.
To create a user account, the Member must enter a valid e-mail address and choose a password. The account is nominative, personal and reserved for individuals for private, non-professional use.
Members may only have one user account. The creation of another account by any means, in particular by using another e-mail address, is prohibited.
It is the Member's responsibility to keep his or her personal information up to date by logging on to his or her personal space on the Website. The Organizing Body may under no circumstances be held responsible for the non-receipt of a Loyalty Offer by the Member.
Participation in the Program implies a loyal attitude, meaning absolute respect for the rules and rights of other Members.
Member responsibility: accuracy of information
In addition to creating their user account, Members may be asked to provide additional information about themselves.

ARTICLE 3: ACCUMULATION OF POINTS
The awarding of points is subject to the fulfilment of certain actions or the occurrence of certain events, as described below.
When a product is purchased on the Website, loyalty points will be automatically added to the Member's account once the product has been dispatched and the order amount has been debited via the secure servers of the Organizing Body's payment service provider.
Loyalty points can also be accumulated when creating an account or for various promotional operations.
The points acquired are credited to the Member's personal account at the time of the action or event generating the points.
Members have access to their points balance:
- On their personal account on the Website ;
- By telephone or e-mail by contacting our Customer Relations Department.
Points are valid for a maximum of 18 months from the date they are awarded. The acquisition of new points following the purchase of a product forming part of the Program automatically extends for 18 months the validity of all points already accumulated in the Member's account. At the end of this period, the balance of unused points is reset to zero. Points cannot be carried forward.
Bonus" points, which are not linked to a purchase, do not extend the period of validity of accumulated points.

The Member may acquire additional points for specific marketing actions.
The Organizing Company reserves the discretionary right to add or delete cases that may give rise to the awarding of points.
Any dispute or claim concerning the number of points credited should be addressed to LABORATOIRE NATIVE - Service Clients Internet Roger & Gallet - 4 rue Euler, 75008 Paris, France or france@roger-gallet.com.

ARTICLE 4: HOW TO USE POINTS
The Member can consult his or her points balance and history at any time on the home page of his or her user account on the Internet Site.
The use of points is not conditional on making a purchase.
Members may use their points in one or more transactions.
Points accumulated and credited to the Member's account may be converted into gifts or benefits listed in the "Choose my gift" section of the Member's personal space.
While stocks last, Members are free to choose the gifts they wish to receive from among the products on offer. The Loyalty Offer catalog can be customized by country, and may change over time.
In order to benefit from his Loyalty Offer, the Member may choose to :
- Include it (them) in an online product order;
- Order it (them) with the possibility of a contribution to shipping costs if the gift(s) is (are) ordered on its (their) own.
The shopping basket summarizes the gifts chosen and the number of points to be spent, as well as the products ordered and the amount of the order in the event of a simultaneous purchase.
The number of points spent will be deducted from the Member's points balance once the operation to use the points or the order in the case of a simultaneous purchase has been validated.

ARTICLE 5: DELIVERY - RETURN OF GIFTS
The cost of delivery of the gifts offered will be borne by the Organizing Body, subject to the possibility of the Member contributing to the cost of postage, on the basis of a standard shipment. These gifts will be delivered within 30 days.
In the event of points being used in conjunction with a product order, the costs, delivery method and delivery times will be determined in accordance with the Website's general terms and conditions of sale.
The gifts offered will be delivered to the address indicated by the Member as the delivery address in his/her profile or when ordering products.
The gifts offered may not give rise to any dispute or compensation, nor to the return of their cash equivalent in any form, nor to their exchange or replacement.
Gifts not delivered due to any difficulty in the Member's name or address will not be reallocated or returned, and will remain the property of the Organizing Company. Points spent to obtain these products will not be credited back to the Member's account.

ARTICLE 6: LIABILITY OF THE ORGANIZING COMPANY
The Organizing Company may not be held liable for any prejudice of any kind (personal, physical, material, financial or other) arising from participation in the Program. Participation implies acceptance of this condition. No claims will be accepted.

The Organizing Body shall not be held liable for any dissatisfaction of Members with the products offered.

The Organizing Body may not be held liable if, for any reason beyond its control , or in the event of force majeure (fire, flood, natural disaster, strike, etc.), or if circumstances so require, the Program should be shortened, modified, postponed or cancelled.

The management of the Organizing Body reserves the right to suspend the Program if it considers that it is no longer in a position to ensure the security of Members' personal information.

Right of exclusion and fraudulent use
Any breach of these terms and conditions, or any fraudulent use of the Program by the Member or by any third party acting on the Member's behalf, will automatically result in the deactivation and deletion of the loyalty account, as well as the invalidation of points or the cancellation at any time, and without notice, of the participation of any person without compensation or indemnity of any kind.
The Company reserves the right, in order to prevent fraud, to deactivate a Member's loyalty program account without the Member being entitled to claim compensation of any kind. The company reserves the right to carry out checks on compliance with the rules at any time.

ARTICLE 7: MODIFICATION OR TERMINATION OF THE PROGRAM
The Organizing Company reserves the right to modify or discontinue the Loyalty Program (membership conditions, benefits, etc.) at any time.
Should the Organizing Company decide to discontinue the Program, it will inform Members, who will have 30 days in which to redeem their points balance. At the end of this period, points will be definitively lost and cannot be claimed.

ARTICLE 8: PERSONAL DATA

In order to participate in the Program, the Member must provide the following compulsory information:

• e-mail address,
• password,
• last name,
• first name,
• date of birth,
• postal address,
• landline or mobile telephone number.

The personal data concerning the Member collected by the Organizing Body may be processed by the latter for the purposes of managing the user account, managing participation in the Program, delivering the products offered, managing the commercial relationship, for commercial prospecting purposes if the Member has consented thereto, for targeted marketing purposes, for analysis of purchasing habits and for statistical and audience analysis purposes.

This data is intended for use by the Organizing Body and its commercial partners.

This data will be kept for the time strictly necessary to achieve these purposes, and archived for the duration of applicable legal requirements.

For the strict fulfillment of the aforementioned purposes, this data may be transferred outside the European Union to technical service providers or commercial partners of the Organizing Body. These transfers will be carried out under conditions ensuring the protection and security of the personal data concerned.

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended, Members have the right to access, delete, rectify and port their personal data, as well as the right to limit and object to the processing of such data. They also have the right to define directives concerning the fate of their personal data after their death.

Exercise of the right to erasure and the right to object to mandatory data relating to the Member will result in exclusion from the Program.

For all requests, please write to :

LABORATOIRE NATIVE - Service Informatique et Libertés - Website Roger & Gallet - 740 Notre-Dame St W Suite #1301, Montreal, Quebec H3C 1J2 or to the following e-mail address:  info@nativemontreal.com

All requests must contain the surname, first name, postal address and/or e-mail address of the user and be accompanied by a copy of the latter's identity document. A reply will be sent within 1 month of receipt of the request.

ARTICLE 9: ACCEPTANCE OF TERMS AND CONDITIONS
Participation in the Program implies unreserved acceptance of these terms and conditions. The Member certifies that he/she meets all the conditions required to take part in the Program, in compliance with the conditions of the present document and the laws and regulations applicable to promotional operations.
The Organizing Body reserves the right to modify all or part of the present terms and conditions. Modifications are applicable as soon as they are published on the Internet Site. Any Member refusing to accept the modification(s) shall cease to participate in the Program.

ARTICLE 10: NON-WAIVER - INDIVISIBILITY
The fact that one or other of the parties does not take action under the present rules does not constitute a waiver of the right to take action, unless expressly waived in writing.
If any provision of these rules is deemed invalid, void or unenforceable for any reason whatsoever, that provision shall be deemed severable from the rest of the rules and shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 11: DISPUTES - JURISDICTION
The Program is governed by French law. In the absence of any mandatory legal provision to the contrary, any dispute arising in connection with the Program and which cannot be settled amicably shall be submitted to the Paris courts.
Finally, should any clause of these terms and conditions be declared null and void, this shall in no way affect the validity of the entirety of the terms and conditions.