The present general terms and conditions (the ‘General Terms and Conditions’) are
applicable to all persons in the possession of a Loyalty Card (each
individually respectively referred to as a ‘Cardholder’ and a ‘Loyalty Card’) and exclusively
govern the contractual relation between the Cardholder and the company
The General Terms and Conditions are valid as of 18/05/2018 and replace in their entirety all
prior terms and conditions relating to the Loyalty Card and Loyalty Cards.
Loyalty Cards reserves the right to unilaterally change the General Terms and Conditions at any time
without having to inform the Cardholder of this individually and without any right to
compensation for the Cardholder. All modifications in the General Terms and Conditions are
published on LOYALTY CARDS website (loyaltycard.mobi) (the
‘Website’). The Cardholder undertakes to reread the General Terms and Conditions on the
Website on a regular basis. Use of the Loyalty Card by the Cardholder after a modification in
the General Terms and Conditions on the Website shall imply acceptance of the changed
General Terms and Conditions.
The Loyalty Card is issued to natural persons by a participating point of sale, free of charge and with no obligation to buy. The Loyalty Card is strictly personal, non-transferable and equipped with a unique number. The Loyalty Card remains the property of the participating point of sale at all times and can be reclaimed from the Card Holder on first request. Membership is not open to corporate entities or to managers, self-employed workers or temporary or full-time staff members of participating shops. The participating point of sale reserves the right to refuse entry to the Loyalty Cards without stating a justification, and the right not to activate a Loyalty Card.
The Loyalty Card is not a payment method. Upon presentation of the Loyalty Card with any purchase at the register of a participating shop. The Cardholder can be asked to present his identity card along with the Loyalty Card to check the personal use of the Loyalty Card. Purchases made by a Cardholder without presentation of the Loyalty Card give no entitlement to Loyalty Points or Stamps and will not be registered on the Loyalty Card later. Loyalty Points or Stamps are granted per purchase, so that amounts under one EUR or USD are not added to a subsequent purchase in allocating Loyalty Points. The benefits related to the Loyalty Card cannot be combined with benefits of other promotional activities in participating shops. The accumulated loyalty points are never paid out to the Cardholder in cash. If the Loyalty Card is no longer used for a period of six months after the last purchase, and in any case of fraud or misuse, all accumulated loyalty points expire automatically and by right, and the membership of the Cardholder shall automatically be cancelled. Any misuse of the Loyalty Card leads to immediate and definitive disqualification for any further membership or use of the Loyalty Card.
Cardholders who attempt to obtain or have obtained benefits from the Loyalty Card by providing false information, or in another improper or fraudulent way, are liable for any resulting damage. Any loss of theft of, or damage to, the Loyalty Card must be reported to the participating shop at once, so that a new card can be issued to the Cardholder. In the event of loss or theft of the Loyalty Card, the participating shop shall not be obliged to keep track of the purchase amounts or the number of visits. The Cardholder is personally responsible for fully informing third parties, companies or government bodies of his membership in the Loyalty Card program, and about the offers and benefits that are available to them in the framework of the Loyalty Card. The participating shop will make every effort to ensure that the benefits of membership are correctly allocated, but cannot be held liable in the event that it was not reasonably possible for it to fulfil its obligations. Under any circumstances whatsoever, and with no exception with regard to the grounds of liability, the liability of the participating shop is limited to the amount of the benefit that the Cardholder would be or has been granted on the basis of membership and the purchases made. DELI reserves the right to check the accuracy of the loyalty points granted and to correct this number if it believes that mistakes are established, without the right for any complaint to be formulated on these grounds.
The participating shop is committed to protecting the privacy of Cardholders. The personal data collected by The participating shop in the framework of the Loyalty Card are used exclusively in compliance with the Law of 8 December 1992 for the protection of privacy with regard to the processing of personal data (hereinafter the ‘Privacy Law’). By accepting these General Terms and Conditions, the Cardholder gives the participating shop permission to use his personal data for personalised offers. The Cardholder also gives permission to communicate with him via all possible media, including e-mail and text messages. The data are used by the participating shop and the companies affiliated with it for promotional purposes, in managing and implementing the Loyalty Card, and for sales and market analyses. The Cardholder has the right to inspect his personal data at any time to request improvement if they are not correct. The Cardholder has the right to object to the processing of his personal data for direct marketing purposes. The Cardholder makes a written request for this purpose to the participating shop at the company registered office or at the e-mail address. The Cardholder can make improvements and modifications in the personal data. The data will be securely processed by the participating shop and shared only with its affiliated companies, the franchisees, certain commercial partners, and certain service providers (agents), regardless of their nationality. Data are not transferred to unaffiliated third parties without the express permission of the Cardholder. The Cardholder can obtain additional information from the Commission for the Protection of Privacy (www.privacycommission.be).
The participating shop reserves the right to cancel the Loyalty Card and the Loyalty Program at any time, or to replace it by another program and to promptly terminate the membership contracts.
Membership can be ended by the Cardholder at any time, with or without justification and without prior notice. The participating shop reserves the right to immediately, at its discretion, revoke or discontinue the Loyalty Card, as a result of which the membership is suspended or completely terminated, without the need for any justification. The participating shop reserves the right to entrust management of the Loyalty Card to third parties for any reason whatsoever, and to turn over the agreements with the Cardholders for that purpose, without the need for justification. In that event, members are informed via the Website at least 20 days before the transfer.
No decision of the participating shop to refrain from exercising or enforcing, or failure to exercise or enforce, its rights under any provision of these General Terms and Conditions shall constitute a waiver thereof, or a waiver of the right of the participating shop to enforce any other provision of this Agreement, and no waiver by the participating shop of any violation of any provision or stipulation of this Agreement shall be deemed to be a waiver of any violation of any other provision or stipulation thereof. In the event that a provision of the General Terms and Conditions should be wholly or partially legally invalid, void or for any other reason not enforceable, this provision shall be deemed to be severable from the general terms and conditions, and shall not influence the validity and enforceability of the remaining provisions. The present General Terms and Conditions are subject exclusively to Belgian Law. In the event of any dispute, the courts of the judicial district of Tongeren have exclusive jurisdiction.
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