1.     PURPOSE

1.1.   These Terms regulate:

(i) the access, navigation and use of the restricted access area (hereinafter, the “User Area”) to users who have created a customer account (hereinafter, the “Registered Users”), within the website owned by POLO CLUB: www.poloclub.com (hereinafter, the “Website”); as well as

(ii) the terms applicable to registered Users who are members of the POLO CLUB loyalty programme (hereinafter, the “Loyalty Programme”).

• The acceptance of these Terms grants the Registered User automatically the status of a member of the Loyalty Programme.

• The acceptance of these Terms implies the express and unreserved consent thereof by the Registered User, having the same validity and effectiveness as any written and signed contract.

2.       ACCESS AND REGISTRATION

• The access to the User Area is free.

• The access is limited to individuals, of legal age and residents of the European Union.

• To access the User Area, users shall:

• Register to create an account. To do so, users shall fill out the form available on the Website, following the instructions provided by POLO CLUB during the registration process.

The data requested in the form are, in general, mandatory, unless otherwise stated in the specific field. The Registered User guarantees that the data provided are true and duly updated.

• Once the registration process has been completed, the Registered User shall generate a passwordwhich meets the security and strength criteria defined by POLO CLUB.

• To access the User Area, Registered Users shall enter their email and password.

  1. Registered Users agree to make diligent use of their password, given its personal and non-transferable nature, protecting it from unauthorised uses and/or access by third parties. Consequently, Registered Users are responsible for ensuring proper custody and confidentiality of their password, and, in particular, will be responsible for its unlawful use by third parties, as well as for its non-diligent use.

  2. If Registered Users suspect that their password is being used by third parties, they shall inform POLO CLUB as soon as possible via the following email address: contact@poloclub.com.

  3. On the other hand, if Registered Users do not remember their password, they shall select the option: “forgot your password?” (located next to the form to access the User Area). POLO CLUB will provide the right means to generate a new password.

3.       CANCELLATION

• These Terms will be in force as long as the contractual relationship is maintained and as long as Registered Users do not decide to cancel their registration.

• Registered Users may, at any time, request the deletion of their Registered User account by sending an email to POLO CLUB at the following email address: rgpd@poloclub.com, stating in the email subject the following: CANCEL ACCOUNT.

• If Users want to keep their Registered User account to make purchases, but want to stop being part of the Loyalty Programme, they shall send an email to POLO CLUB at the following email address: rgpd@poloclub.com , stating in the email subject the following: UNSUBSCRIBE FROM LOYALTY PROGRAMME.

4.       TERMS OF USE OF THE USER AREA

• Registered Users agree to make appropriate use of the User Area. In this sense, Registered Users are aware and voluntarily accept that the use of the User Area is made at all times under their sole and exclusive responsibility, so Registered Users ensure that:

• they will make proper use of the User Area, in accordance with the law, good faith, public order and traffic uses.

• In the event that Registered Users send information of any kind to POLO CLUB, via any of the channels enabled for this purpose in the User Area, Registered Users declare and accept that they have the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets, data protection or any other rights of third parties, and that such information is not confidential or harmful to third parties.

• they will not use the User Area to spread or publish any material which is defamatory, offensive, racist, degrading, pornographic, obscene, threatening or that may cause discomfort to any Registered User or third party.

• they will not use the User Area to collect and process personal data of other Registered Users.

• they will refrain from destroying, altering, rendering useless or damaging the software, programmes or content included in the User Area.

• they will not hinder the access of other Registered Users through the massive consumption of computer resources or the performance of actions that damage or generate errors in POLO CLUB’s systems.

• they will refrain from introducing computer viruses, malicious code or any other logical device that may cause any type of alteration, disablement or damage to POLO CLUB’s systems.

• they will refrain from transgressing or attempting to transgress the security measures established by POLO CLUB in the User Area, or in any other network connected to the User Area, causing, for example, a disproportionate saturation of the network.

• they will not attempt to access the User Area with a fake account, as this act may constitute identity theft.

• Failure to comply with the aforementioned Terms of Use by the Registered Users may result in the deletion or blocking of their account, without the possibility of claiming or receiving any compensation for it. In addition, POLO CLUB reserves the right to suspend or cancel a membership to the Loyalty Programme or to refuse the use of the points earned in cases of violation of these Terms of Use or in cases of abusive and/or fraudulent use of the Loyalty Programme.

• Likewise, Registered Users shall be solely responsible to POLO CLUB and third parties for any damages that may be caused as a result of a breach of the Terms of Use of the User Area, listed above.

5.       CONTENTS AND BENEFITS OF THE RESTRICTED AREA

• The creation of an account allows Registered Users to make purchases from the restricted area, access their purchase history and track their orders.

• The creation of an account grants Registered Users automatically the status of members of the Loyalty Programme. Being a member of the Loyalty Programme implies the following advantages and privileges:

• Possibility of earning points on each purchase. These points can be redeemed for discounts.

• Early access to special promotions: offers, discounts and pre-orders.

• Possibility to participate in exclusive giveaways.

6.       SPECIFIC TERMS OF THE LOYALTY PROGRAMME

• LOYALTY LEVELS OF THE POLO CLUB LOYALTY PROGRAMME

The level of loyalty of each Registered User member of the Loyalty Programme will depend on the purchases made on the Website. The amounts paid for the products, taxes and shipping costs will be taken into account.

The Loyalty Programme has three levels depending on the purchases made: Loyal, Loyal + and Beyond. The criteria for accessing each loyalty level are as follows:

• Loyal:Loyal status is acquired at the time an account is generated, as a Registered User. However, Registered Users shall not be entitled to enjoying the benefits associated with the Loyal level until they make their first purchase on the Website.  If Registered Users do not make any purchases within a year, any benefits they may have accrued associated with the Loyals Rewards Programme will be lost.

• Loyal+: every Registered User with a total purchase amount of €150 will receive the Loyal+ level, and will enjoy the benefits associated with the Loyal+ Loyalty Programme during a calendar year from the moment when those €150 are exceeded. In order to keep the benefits associated with the Loyal+ Loyalty Programme, Registered Users shall spend a at least €150 in total over the following year on the purchases made on the Website, or return to the Loyal level. In such case, Registered Users shall keep the total amount spent up to that point, and will have to spend €150 again to regain access the Loyal+ level.

• Beyond: Registered Users with a total purchase amount of €300 on the Website shall receive the Beyond level, and will enjoy the benefits associated with the Beyond Loyalty Programme during a calendar year from the moment when those €300 are exceeded. In order to keep the benefits associated with the Beyond Loyalty Programme, the Registered User shall spend a at least €300 in total over the following year on the Website or return to the Loyal+ or Loyal level, depending on the total amount spent. In such case, Registered Users shall have to spend €300 again to regain access to the Beyond level.

To learn more about the levels of the Loyalty Programme, please visit https://www.poloclub.com/pages/loyals

• EARNING POINTS

  • Earning points on purchases

The Loyalty Programme allows you to accrue points as you make purchases on the Website, provided that these purchases are made via the User Area. The points earned on each purchase will depend on the level of loyalty achieved by each Registered User:

• Loyal: one point will be earned on each euro spent on the Website.

• Loyal+: one and a half points will be earned on each euro spent on the Website.

• Beyond:  two points will be earned on each euro spent on the Website.

The Loyalty Programme will be applicable to all the products offered on the Website and will be based on the total amount paid by the User, including product price, VAT and shipping costs.

The money spent on gift cards will benefit from the privileges of the Loyalty Programme, while purchases made with a gift card will not be considered for purposes of the Loyalty Programme.

• Other ways to earn points

In addition to the points on purchases, POLO CLUB will award Registered Users with the following points:

• 25 welcome points when creating a Registered User account.

• 100 points to celebrate the birthdays of those Registered Users who have included their date of birth in the data provided to POLO CLUB. Birthday Points may take up to 30 days to become available in the Registered User’s account.

• 10 points for following the POLO CLUB brand on Instagram.

  • Information about points

Members will be able to check their points balance by accessing their account.

POLO CLUB may notify Registered Users by post, email, SMS or other means of any information about the Loyalty Programme, including promotions, offers, private sales, and any commercial information of interest about the Loyalty Programme.

POLO CLUB may also use these channels to inform Registered Users of their loyalty level in the Loyalty Programme, updates on the points balance, changes or any relevant information about the Loyalty Programme.

For any claim on the points balance relating to online purchases, Registered Users should contact the Customer Service of the Website at contact@poloclub.com, stating the email associated to their account as well as the number of the order placed on the Website.

Points earned in the Loyalty Programme are valid for 12 months from the purchase; after this period, these points will disappear.

• Use of the loyalty discount

Registered Users may redeem their points to obtain discounts on their purchases through the User Area of the Website, as follows:

• Registered Users who have accrued 100 points in the Loyalty Programme will benefit from a discount of 5 euros to be applied on the next purchase of their choice, provided that they make the purchase using their Registered User account.

• Registered Users who have accrued 200 points in the Loyalty Programme will benefit from a discount of 10 euros to be applied on the next purchase of their choice, provided that they make the purchase using their Registered User

• Registered Users who have accrued 300 points in the Loyalty Programme will benefit from a discount of 15 euros to be applied on the next purchase of their choice, provided that they make the purchase using their Registered User

• Users who have accrued 400 points in the Loyalty Programme will benefit from a discount of 20 euros to be applied on the next purchase of their choice, provided that they make the purchase using their Registered User

Points can be redeemed for the next 12 months. If points are not used within the stated time limit, they will expire.

Members will be informed of their points available by email if they have provided a valid email address.

The points accrued over 400 will be kept and the new points balance will be available on the User Area of the Website from the day after they are redeemed.

If Registered Users request a refund for an item that has been purchased redeeming points, those points which were redeemed will not go back to the balance.

The total amount of a purchase in which the Registered Users benefit from a discount thanks to redeemed points shall also earn points through the Loyalty Programme and under the same conditions as those provided for in these Terms.

• OTHER BENEFITS OF THE LOYALTY PROGRAMME

In addition to the points earned on each purchase on the Website, Registered Users may enjoy other benefits according to their level of loyalty:

• Loyal:  they can access private sales. 

• Loyal+: they will be able to access exclusive private sales, as well as benefit from free shipping in Spain and Portugal (except Madeira and Azores) for each purchase over €30.

• Beyond: they can access exclusive private sales, as well as benefit from free shipping in Spain and Portugal (except Madeira and the Azores) on all purchases.

  • DATA UPDATES

Registered Users may request or access the modification of their data to keep them up to date via one of the following options:

• An email sent to:rgpd@poloclub.com

• Accessing their account: (https://www.poloclub.com/account/login) and amending them directly.

Registered Users ensure the accuracy of all the information provided and shall be solely responsible for any wrong, incomplete or obsolete information.

7.       INTELLECTUAL PROPERTY

• ThisUser Area , as well as its contents (texts, photographs, graphics, images, icons, technology, software, graphic design, source codes, among others) are the property of POLO CLUB or third parties, who have transferred to POLO CLUB the corresponding rights.

• The navigation and use of the User Area by Registered Users do not constitute, in any case, a license or transfer of the rights of exploitation of the User Area and its contents by POLO CLUB. All this without prejudice to the right of strictly domestic use available to Registered Users, not transferrable to third parties, of display of contents necessary for the correct enjoyment of the specific service.

• Likewise, the trademarks, trade names or distinctive signs of any kind that appear in the User Area are property of POLO CLUB or, where appropriate, of third parties, who have transferred to POLO CLUB the corresponding rights, without implying in any case that the use or access to them grants Registered Users any rights over them.

• POLO CLUB holds all the intellectual and industrial property rights on the contents and/or services of the User Area, and Registered Users cannot modify, copy, reproduce, publicly communicate, transform or distribute by any means and in any form all or part of the contents included in the User Area, for public or commercial purposes, without the prior, express and written authorisation by POLO CLUB.

• To make any kind of comment regarding possible breaches of intellectual or industrial property rights, as well as of any of the contents of the User Area, which may affect Registered Users, POLO CLUB or a third party, you can contact POLO CLUB via the following email address: contact@poloclub.com.

8.       LIABILITY

• POLO CLUB takes all the necessary measures to guarantee the correct functioning and continuous access to the information provided in the User Area. However, POLO CLUB cannot ensure that there is no possibility of certain programming errors, or that the server may not contain viruses or other harmful components. However, POLO CLUB makes every effort to prevent this type of incidents.

• Likewise, POLO CLUB takes no liability arising from the information provided outside this User Area and not directly managed by POLO CLUB, as well as any other information derived from the information published by POLO CLUB in the User Area, provided that this information has been manipulated or entered by a third party outside POLO CLUB.

• POLO CLUB is not responsible for the information and content stored in, including but not limited to, forums, chats, blogs, comments, social networks or any other means that allows third parties to publish content independently in the User Area. However, POLO CLUB is at the disposal of Registered User, authorities and security forces to actively collaborate in the withdrawal or blocking of all those contents that could affect or violate national or international legislation, third parties’ rights or morality and public order.

• If Registered Users consider that there is any content in the User Area that could be susceptible to this classification, please notify POLO CLUB immediately via the following address: contact@poloclub.com.

9.       NOTIFICATIONS

• In the event that Registered Users have knowledge that any content, included in this User Area, is contrary to the law or violates the rights of third parties, they can inform POLO CLUB via the following address: contact@poloclub.com.

• Additionally, Registered Users may contact POLO CLUB, via the aforementioned email address, if they want to make any query regarding the User Area.

10.   DATA PROTECTION

• POLO CLUB will process the personal data provided by Registered Users, as well as their purchase history, for the following purposes:

• To manage their status as Registered Users and the Loyalty Programme.

• Likewise, their email address may be used for the purpose of sending them promotional communications related to the Loyalty Programme, unless Registered Users expressly object to this. They can oppose to receiving them by sending an e-mail at the following address: rgpd@poloclub.com, with the subject line: CANCEL COMMUNICATIONS.

• To exercise their data protection rights, they can contact the following address: rgpd@poloclub.com.

• To learn more about the processing of your data, please refer to POLO CLUB Privacy Policy, which all Registered Users shall know and accept before being able to access and register in the User Area.

11.   AMENDMENTS: POLO CLUB reserves the right to modify these Terms, in which case we shall duly inform the User.

12.     INTEGRITY: If one or more provisions of these Conditions were declared null or inapplicable by the law in force or by a firm court decision, the other provisions shall still be valid and in force.

13.     LAW AND APPLICABLE JURISDICTION

• For the resolution of all disputes or issues related to these Terms, Spanish legislation will apply, to which both Registered Users and POLO CLUB submit, unless any other legislation other than the Spanish one shall legally apply.

• For the resolution of conflicts arising from or related to these Terms, the Parties submit to the Courts of Elche (Alicante).
  
  
  

Latest update: June 2024