Subject matter and definitions

TK Store-Management GmbH, Stadtholz 39, 33609 Bielefeld, Germany and Textilkontor Walter Seidensticker GmbH & Co. KG, Stadtholz 39, 33609 Bielefeld, have jointly developed the loyalty program "The Shirt Club" with the aim of rewarding customers who make frequent purchases in Seidensticker Group stores and outlets and/or on the website www.seidensticker.com.

Legal responsibility for the loyalty program is shared by TK Store-Management GmbH and Textilkontor Walter Seidensticker GmbH & Co. KG.

The following terms and conditions of "The Shirt Club" (hereafter referred to as the "Terms of Participation") govern the workings and terms of the loyalty program. They apply to all participants of the loyalty program.

"The Shirt Club" is the successor of the previous loyalty program, "Shirts Club", and takes its place.

Scope

The "The Shirt Club" loyalty program applies for purchases at all Seidensticker stores and outlets and all purchases on the website www.seidensticker.com (hereinafter referred to as the "Website").

A list of all Seidensticker stores and outlets can be found online at www.seidensticker.com/ch/en/storefinder.

Terms of membership for The Shirt Club

Applications for membership of "The Shirt Club" (hereinafter referred to as "Membership") can be made at Seidensticker stores/outlets or at www.seidensticker.com/ch/en/shirtclub.

To apply for Membership, registering as a customer in a Seidensticker store or outlet shall suffice. Applications for Membership can be made directly on the Website by either subscribing to the newsletter or clicking the "My Account" link and opening a personal account.

Membership of "The Shirt Club" is free. Participants in the loyalty program are not subject to a purchase obligation. There is no legal right to participation.

When applying for Membership, the information listed below must be provided:

• salutation
• email address
• forename
• surname
• address (street and house/building number)
• postcode
• town/city
• date of birth
• telephone number

During the registration process, we will ask if we can contact you by newsletter. When applying for Membership, you have the option to subscribe to the newsletter by clicking on the relevant box. You can also subscribe to, or unsubscribe from, the newsletter at a later date.

All customers who were already registered as "Shirts Club" members at the time of the launch of "The Shirt Club" will automatically become members of "The Shirt Club".

We draw your attention to the fact that this is a joint loyalty program in all of our Seidensticker stores and outlets and the Website. Each customer receives one customer account containing their customer number, email address and name for identification, regardless of where they shop.

The granting and provision of certain benefits is bound to a valid email address and marketing consent (opt-in) for TK Store-Management GmbH/Textilkontor Walter Seidensticker GmbH & Co. KG. The benefits can be reviewed at  www.seidensticker.com/ch/en/shirclub.

TK Store-Management GmbH/Textilkontor Walter Seidensticker GmbH & Co. KG bears no responsibility whatsoever if you cannot make use of benefits due to a lack of marketing consent.

Terms of membership for The Shirt Club

All natural persons who are at least 18 years old and resident in Germany, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain or, Sweden are entitled to register. Employees of the Seidensticker Group are excluded from participating in "The Shirt Club" loyalty program.

Membership is personal. Only participants themselves can avail themselves of the benefits described below. Use of Membership by third parties is prohibited and will not be accepted in Seidensticker stores and outlets or on the Website.

Each person may only apply for and maintain one customer account. If an email address from several customers is used on the Website for one customer account, the name on the customer account is used for the allocation of sales and the associated benefits on the customer account. If the names do not match any loyalty accounts linked to the email address, sales are credited to the customer account with the last order via the email address.

Your personal information

The information required to apply for Membership is necessary for the processing, opening and administration of the customer account. From the point of application, personal data collected by The Shirt Club is electronically processed.

You warrant to us that the information you provide when applying for Membership or in the customer area reflects your true identity and that all information at the time of the communication is true, accurate, up-to-date and complete.

If you discover that one or more pieces of information is incorrect or no longer up-to-date, you must change it either directly at a Seidensticker store/outlet or in your customer area at www.seidensticker.com/ch/en/account.

If you do not do this, we are not responsible for any resulting disadvantages.

Use of your personal data / data protection

Customer information will be collected when you register for "The Shirt Club". This data is needed for identification and to run the loyalty program. Participation in the loyalty program is not possible without this information.

For the provision and performance of "The Shirt Club" services, we collect and process data on the purchase history of the participant. Service providers commissioned by TK Store Management GmbH/Textilkontor Walter Seidensticker GmbH & Co. KG are bound by our instructions and have contractual obligations under data protection law. No data is passed on to third parties. Transfers of data within the company are always for a specific purpose and in compliance with applicable law.

Contract processing data from stores/outlets and from online purchases on www.seidensticker.com is merged to reflect sales as a necessary part of the program. If the participant agrees to such processing, this data will also be used for personalised promotional information (information on new products and offers, discounts, competitions and events). Please note the separate data protection regulations that apply to the Website and the online shop and that contain specific information on the relevant data processing. You can object to direct marketing at any time without giving reasons. This also applies to profiling insofar as it is associated with direct marketing. Once you object, we will no longer process your data for these purposes. Objection is free of charge and can be made without any particular form being required by email to shop.ch@seidensticker.de.

Furthermore, TK Store-Management GmbH/Textilkontor Walter Seidensticker GmbH & Co. KG processes participant data on the basis of legitimate interests, in particular for the purpose of carrying out marketing analyses and marketing campaigns. This relates in particular to buying behaviour and personal individual interests.

In this context, automated data processing can be used to bring about a decision. You may object to this type of data processing at any time for reasons that arise from your particular circumstances; this also applies to profiling based on these provisions. We will then no longer process your personal information unless we can demonstrate legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is intended to assert, exercise or defend legal claims.

As the data subject, you have the following rights: right to information, right to rectification, right to erasure, right to restriction of processing, right to object to processing, right to data portability. To enforce these rights, please contact privacy@seidensticker.de. You have a right of appeal to a data protection supervisory authority.

If you have expressly consented when applying for Membership, we can also provide you with information and special offers from the Seidensticker brand and about "The Shirt Club" in general.

The responsible bodies are: TK Store-Management GmbH, Herforder Str. 182 - 194, 33609 Bielefeld, Germany and Textilkontor Walter Seidensticker GmbH & Co. KG, Herforder Strasse 182-194, 33609 Bielefeld. You can contact us by email at shop.ch@seidensticker.com. You can reach our data protection officer at privacy@seidensticker.de.

The Shirt Club - how it works

"The Shirt Club" has three (3) loyalty levels:

• Silver
• Gold
• Platinum

All members automatically start on Silver. Gold and Platinum can only be reached under certain conditions.

Regardless of your status, you must provide the following information for the functioning of "The Shirt Club":

• your customer number and your name (and all further identification details) before the payment process when buying at Seidensticker stores and outlets
• registration data from your customer account when ordering online at www.seidensticker.com.

No matter what the purchase price, purchases with vouchers are excluded. The payment amount, i.e. the amount after deduction of discounts, vouchers or other benefits, applies.

How can I change from Silver to another status?

As mentioned above, you are automatically assigned Silver status on becoming a member of "The Shirt Club". In order to move from one status to the next one up, you must prove you have spent a certain amount over a period of 365 consecutive days. The transition to any status is free, without any other condition.

• For Gold, you must spend at least two hundred CHF (200 CHF) over a period of 365 consecutive days
• For Platinum, you must spend at least four hundred CHF (400 CHF) over a period of 365 consecutive days

However, TK Store-Management GmbH/Textilkontor Walter Seidensticker GmbH & Co. KG is free to determine the level of purchases in CHF a member needs to make to reach a higher or lower level. In the event of a change in the current scale, however, we will inform you of the new scale we deem useful and appropriate, such as updating the Terms of Participation on the Website and in the customer area.

Your sales amount will only be credited to The Shirt Club if the seller at Seidensticker stores/outlets finds your customer account on the basis of your name, customer number, and/or email address, or if your email address is registered to your customer account and the name can be assigned on our Website.

Purchases made in Seidensticker stores and outlets or on the Website will be shown on your customer account as a "pending sale" within 48 hours of your purchase or, for online orders, after the goods have been shipped. After thirty (30) days after shipment of your order or purchase in a store or outlet, the sale will be final and listed as a "booked sale", which will then count towards your status calculation. All sales are valid for 365 days after they are added to the customer account as "booked sales".

However, if you claim a refund for the purchase price of goods, your sales amount will be reduced by the amount of the refund.

You can view the sales amount that results in the Silver, Gold and Platinum statuses in the customer area of the Website.

Status change

Promotion to a new status is valid for a fixed period of 365 days from the day of your promotion. You will then receive benefits specific to that status for that period of time. In order to maintain an acquired status, you must spend the amount required for that status for at least one year.

In the event that this amount is not reached, you will, after the expiration of the 365 days, without the possibility of objection, return to Silver status or the status corresponding to the sales amount during these 365 days, without further notification.

It is possible to return to the former status at any time if a sufficient sales amount is achieved over a period of 365 days under the same conditions as stated above.

Benefits of The Shirt Club

"The Shirt Club" gives you the opportunity to benefit from the following special offers, benefits and services, depending on your status.

Silver

Silver status confers the following advantages:

• 20 CHF welcome voucher for registering with "The Shirt Club". Customers who have already registered in the predecessor "Shirts Club" and have therefore already received a 20 CHF welcome voucher will not receive a new welcome voucher. 
• Birthday and Christmas surprises

We point out that the birthday offer:

- is limited to members who have provided their date of birth
and the birthday and Christmas surprise

- is limited to those who have registered at least 48 hours in advance of their birthday or Christmas Eve (24th December).

• Exclusive information and new products
• Advance invitations to sales

 All Silver status benefits are only available to members who have provided their email address and have confirmed the opt-in and have not revoked it.

Gold

In addition to the Silver benefits, Gold status offers:

• Extended right of exchange for 100 days
• exchange without receipt
  
  We allow you to exchange all items purchased in a store/outlet or online at www.seidensticker.com and included in the purchase history of your customer account up to 100 days after purchase, without having to present a receipt. In order to ensure fast processing, we ask you to return items to us with their original labelling and a completed return note. The delivered items may only be used for trying on - as items are tried on in a shop. Shirts do not have to be folded exactly as delivered. We do, however, reserve the right to demand value replacement should the goods deteriorate due to extended use.

Platinum

In addition to the Silver and Gold benefits, Platinum status offers:

• Free monogram embroidery: when purchasing an item for which the monogram service is available, you can add it at no extra cost
  

Fraudulent Use

"The Shirt Club" is a loyalty program that assumes that the member complies with the Terms of Participation and acts in a loyal manner to TK Store-Management GmbH/Textilkontor Walter Seidensticker GmbH & Co. KG

Therefore, exclusion from "The Shirt Club" results in no compensation in the event of:

(i) any violation of the Terms of Participation by the participant

(ii) any fraudulent use of "The Shirt Club" by the member or a third party acting on their behalf

(iii) any action by the member to disrupt the "The Shirt Club" loyalty programme, its application or operation

(iv) an unusually high number of transactions by a member and an unusually high accumulation of loyalty points on one day or across several days

(v) failure by the member to pay for a purchase of goods within thirty (30) days of the purchase date

We reserve the right to verify compliance with the Terms of Participation at any time.

Term and deactivation of customer account

"The Shirt Club" loyalty programme is open for an indefinite period. In the event that you do not make any purchases over a period of thirty-six (36) months, we have the right to terminate your customer account. We will then email you (subject to us having your email address and a valid opt-in) that if you do not make a purchase within thirty (30) days of receiving this email, your customer account will be deactivated without you being entitled to compensation of any kind.

Alterations to or discontinuation of the loyalty programme

We reserve the right to change or discontinue "The Shirt Club" and/or the terms of use for customer accounts (terms of membership, customer account benefits, etc.) at any time. In the event that "The Shirt Club" is discontinued, we will continue to provide you with benefits commensurate with your current status for a period of one (1) month from the date of any information we provide to you by means deemed appropriate by us.

Termination

You may end your participation without reasons, at any time in text form to shop.ch@seidensticker.com or by letter to

TK Store-Management GmbH or Textilkontor Walter Seidensticker GmbH & Co. KG
Herforder Str. 182-194
33609 Bielefeld
Germany

In the event that you terminate your membership of "The Shirt Club", your "The Shirt Club" customer account will be blocked within one week of our receipt of the notice of termination.

Complaints

In the event of a complaint, you can send a request to shop.ch@seidensticker.com in order for a check to take place.

These Terms of Participation apply from 1 November 2019 and replace the previous "Shirts Club" conditions.

Becoming a participant in "The Shirt Club" loyalty programme implies full and unconditional acceptance of the Terms of Participation. The Terms of Participation can be consulted in Seidensticker stores/outlets and on the Website.

The Terms of Participation are subject to German law under exclusion of the UN Sales Law. The exclusive place of jurisdiction for all disputes arising from this contractual relationship is Bielefeld. This choice of law applies only to the extent that it does not negatively affect mandatory consumer protection regulations. If any provision of these Terms of Participation is deemed to be invalid, void or unenforceable for any reason whatsoever, this provision will be deemed to deviate from the other terms and will not affect the validity and enforceability of any other provisions of the Terms of Participation.