Loyalty Program Terms and Conditions


General Terms and Conditions of Use and Membership of the “CLOSE TO YOU” Loyalty Programme

Scandale

The French “Close to You” loyalty programme (the “Programme”) is developed and managed by Muse (Scandale), a simplified joint-stock company with share capital of €128,342.00, registered under number 878.760.495 with the Marseille Trade and Companies Register (13006), whose registered office is located at 167 rue de Paradis, Marseille (13006) (“Scandale”).

Article 1 - Purpose and scope of the Programme

These General Terms and Conditions of Use and Membership (the “General Terms and Conditions of Use” or “Terms”) set out the conditions governing participation in the Programme, which allows customers to earn points and provides benefits to Scandale customers who make purchases on the website https://scandale.com/ (the “Website”) and/or at the Scandale boutique located at 5 rue Cambon, 75001 Paris (the “Boutique”) (the “Members” or the “Member”), depending on the amount spent, the frequency of purchases made on the Website and/or in the Boutique, as well as certain actions carried out by the Member.

Scandale and the Member may hereinafter be referred to individually as a “Party” or collectively as the “Parties”.

The Programme is accessible via the Scandale Website and at the Scandale Boutique located at 5 rue Cambon, 75001 Paris. It does not apply to purchases made in boutiques, on websites or at any other points of sale operated by retail partners selling “Scandale” products.

The Programme is not available to Scandale employees.


Article 2 - Conditions and procedures for joining the Programme

Membership of the Programme is free of charge.

Joining the Programme requires the creation of a customer account and acceptance of these Terms.

The creation of a customer account and membership of the Programme are subject to the Member providing all of the following information:

  • Title (Mr/Mrs/Ms/Prefer not to say)
  • Last name, First name
  • Date of birth
  • Email address

The creation of the customer account and membership of the Programme will only be validated by Scandale if all of the mandatory information listed above (the “Mandatory Information”) has been provided and is usable.

Membership of the Programme may be completed:

  1. on the Website when creating a customer account;
  2. at the Scandale Boutique located at 5 rue Cambon, 75001 Paris.

The Programme is accessible on the Scandale Website through the Member’s customer account, under the “Loyalty” section. The Member may also benefit from the Programme when making purchases at the Scandale Boutique located at 5 rue Cambon, 75001 Paris, provided that the Member can be identified and the purchase can be linked to their customer account.

Any Member may terminate their membership of the Programme by contacting Customer Service or in accordance with the conditions set out in Article 4.1 below.

The Programme is personal. Membership is individual and nominative.

Just as each Member may only have one (1) customer account, each Member may only hold one (1) Programme membership.

 

Article 3 - Content and operation of the Programme

  • How the Programme works

The Scandale Loyalty Programme allows each Member:

  • to earn points when making purchases on the Website and/or at the Scandale Boutique, provided that the purchase is linked to their customer account, as well as when completing certain eligible actions;
  • to benefit from the occasional or recurring benefits described below.

The Scandale Loyalty Programme includes several tier-related benefits corresponding to the following statuses:

STATUSES

CONDITIONS

PURPLE


for Members who have accumulated from €0 to €299

BLACK


for Members who have accumulated from €300 to €699

WHITE


for Members who have accumulated from €700 to €1,499

GOLD


for Members who have accumulated €1,500 or more


Joining the Programme automatically grants the Member PURPLE status.

BLACK, WHITE and GOLD status levels are reached according to the number of points accumulated by Members.

The accumulation of loyalty points allows the Member to:

  1. retain the tier reached and the benefits and one-off rewards associated with that tier; and, if the applicable conditions are met,
  2. reach a higher tier, giving access to greater benefits.

The Member moves to the next tier immediately upon reaching the number of points required for that tier.

For Members who have reached BLACK, WHITE or GOLD status, accumulated points remain valid for a period of twelve (12) months from the date on which they were earned. At the end of this period, expired points are automatically removed from the Member’s points balance.

Scandale reserves the right, after informing the Member in advance on the Website or by email, to amend the points scale described above at any time. Such amendment shall not entitle the Member to any compensation from Scandale.

  • How points are earned:

For each new purchase made on the Website and/or in the Boutique, Members earn loyalty points according to the principle of €1 = 1 point.

For purchases made on the Website, delivery charges are included in the amount taken into account when calculating points.

Validated points will become available after the purchase has been made and linked to the Member’s loyalty account.

Purchases made on the Website and in the Boutique are combined within the same loyalty account.

Earning points requires the Member to be identified beforehand.

On the Website, identification is carried out through the Member’s customer account.

In the Boutique, the Member must allow the sales advisor to locate and identify their customer account, in particular using their email address, telephone number or first and last name.

Identification must take place no later than at the time of purchase in order for the purchase to be linked to the Member’s loyalty account.

Certain actions carried out by the Member also allow points to be earned.

These actions may be carried out on the Website or, where offered in this context, with the assistance of a sales advisor in the Boutique. In all cases, they must be identifiable and capable of being linked to the Member’s loyalty account.

  • make a first purchase on the Website or in the Boutique: +20 points;
  • make a second purchase on the Website or in the Boutique, from a purchase value of €120: +30 points;
  • subscribe to the Newsletter as follows:
    • the Member must log in to their customer account;
    • once logged in, the Member must enter their email address in the footer of the Website, in the “Join Us” section, and click on the arrow to confirm: +20 points;
  • move to a higher status:
    • from PURPLE to BLACK status: +50 points
    • from BLACK to WHITE status: +100 points
    • from WHITE to GOLD status: +150 points
  • for each new follow of the “Scandale” Instagram account - @scandale.official, under the following conditions:
    • the Member must log in to their customer account;
    • once logged in, the Member must click on “Follow us on Instagram”;
    • once on the “@scandale.official” Instagram page, the Member must click on “Follow”: +10 points.

Purchases made on the Website and in the Boutique are taken into account equally when determining whether a purchase constitutes the Member’s first or second purchase.

The purchase of a gift card on the Website or in the Boutique also allows Members to earn loyalty points according to the same principle of €1 = 1 point.

However, it is specified that the purchase of a Scandale product on the Website or in the Boutique using a gift card will not allow points to be earned a second time on the amounts paid using that gift card.

Scandale reserves the right to amend the points scale at any time. Information relating to any amendment to the points scale will be displayed in the Member’s account under the “Loyalty” section and will also be communicated by email.

Points earned in connection with a purchase that is subsequently fully refunded will be cancelled and deducted from the Member’s loyalty account.

In the event of a partial refund, only the loyalty points earned on the returned items will be deducted from the Member’s loyalty account.

The applicable return and refund conditions depend on the channel through which the purchase was made.

A purchase made on the Website may not be returned or refunded at the Boutique. Conversely, a purchase made at the Boutique may not be returned or refunded through the Website or its online returns service.

Any deduction of points following a return or refund will be made from the loyalty account to which the relevant purchase was linked.

Scandale specifies that issued points have no commercial or monetary value and are non-transferable.

  • Validity period of points

Points accumulated by the Member expire after a period of one (1) year without activity on their loyalty account.

  • Checking the number of points

The number of points earned by the Member may be viewed in the customer account, under the “Loyalty” section of the Website.

The loyalty status, points balance and associated benefits may also be consulted at the Boutique with a sales advisor, once the Member has been identified.

The points balance may also be communicated by telephone upon request by contacting Customer Service.


  • Benefits associated with each status:

STATUSES

BENEFITS

PURPLE

· €10 birthday reward for purchases of €150 or more

· Early access to collections

· Access to private sales

· Free standard delivery on purchases over €200

BLACK

· €15 birthday reward for purchases of €150 or more

· Early access to collections

· Access to private sales

· Free delivery on purchases of €200 or more

· 10% off stockings and tights, excluding nylon and latex, valid once on the purchase of stockings and tights after reaching BLACK status.

WHITE

· €30 birthday reward for purchases of €200 or more

· Early access to collections

· Access to private sales

· Free standard delivery with no minimum spend

· 10% off stockings and tights, excluding nylon and latex, valid once on the purchase of stockings and tights after reaching WHITE status.

GOLD

· €50 birthday reward for purchases of €250 or more

· Early access to collections

· Access to private sales

· Free express delivery

· 15% off stockings and tights, excluding nylon, valid once on the purchase of stockings and tights after reaching GOLD status


Benefits associated with the Member’s status may be used on the Website and/or in the Boutique, subject to the specific conditions applicable to each benefit and provided that the nature of the benefit allows it to be used through the relevant channel.

Delivery-related benefits apply only to orders that actually require delivery and in accordance with the terms determined by Scandale.

  • Combining Programme benefits with other discounts

Unless otherwise stated, offers and discounts provided as part of the Programme may not be combined with:

  • any other offer provided as part of the Programme;
  • other current offers available on the Website and/or in the Boutique.

 

Article 4 - Duration of Programme membership

  • Non-use of the Programme by the Member and termination of Programme membership by the Member

If the Member does not use the Programme for a period of three (3) years, they will no longer receive commercial solicitation emails from Scandale. The cessation of commercial emails does not result in the termination of the Member’s Programme membership.

If the Member wishes to terminate their Programme membership, they may submit a request to Scandale Customer Service by:

  • sending a written request to the following address: SCANDALE, société MUSE, 167 rue Paradis - 13006 Marseille; or
  • calling Customer Service on 04 96 16 06 45 and specifying the reason for the call;
  • contacting Customer Service by email at the following address: dpo@scandale.com.


  • Blocking of the customer account and suspension of Programme membership by Scandale

The Member undertakes to comply with these General Terms and Conditions of Use of the Programme.

Scandale reserves the right to block the Member’s customer account and automatically suspend the Member’s Programme membership in the following cases and circumstances:

  • any fraud, tangible suspicion of fraud, misuse of the Programme and/or use that does not comply with these Terms, including in particular fraudulent, abusive and/or improper use of the Programme, an abnormally high number of transactions, or more generally any breach of these Terms;
  • if a Member creates several customer accounts and/or holds multiple Programme memberships.

Any suspension by Scandale of a Member’s Programme membership for one of the reasons listed above will result in the Member’s customer account being blocked.

Suspension of the Member’s Programme membership by Scandale for one of the reasons listed above will result in the loss of all rights and benefits associated with the Member’s Programme membership, as well as the loss of the entire history and rewards associated with the Member’s loyalty account.

In order to prevent any risk of fraud in connection with the use of the Programme, Scandale has implemented permanent monitoring and control measures.


Article 5 - Modification or discontinuation of the Programme by Scandale

The Programme may be suspended, amended or discontinued, in whole or in part, by Scandale.

If the Loyalty Programme is discontinued, Scandale will inform Members by means of a notice displayed in each Member’s loyalty account and through a dedicated communication sent by email.

Discontinuation of the Programme will not entitle the Member to any compensation from Scandale.


Article 6 - Liability and limitation of liability

To the fullest extent permitted by applicable law, Scandale may not be held liable for any direct or indirect consequences resulting from any malfunction of the Loyalty Programme, in particular where such malfunction temporarily prevents the Member from earning points entitling them to benefits, whether the malfunction occurs on the Website or in the Boutique.

In the event of a malfunction of the Loyalty Programme, Scandale undertakes to use all reasonable efforts to ensure that, upon presentation of all appropriate supporting documents, including proof of purchase, the Member may nevertheless benefit from their rights and benefits in accordance with the terms of the Programme.

Scandale may not be held liable where the non-performance or improper performance of its obligations is attributable to a force majeure event as defined by Article 1218 of the French Civil Code and applicable case law.


Article 7 - Complaints and information

For any information, complaint or question relating to the Loyalty Programme, the Member may contact Customer Service through the following channels:

  • By telephone on 04 96 16 06 45
  • By post at the following address: SCANDALE, société MUSE, 167 rue Paradis - 13006 Marseille
  • By email using the contact form available on the Website.


Article 8 - Personal data

  • Collection of the Member’s personal data

For the purposes of operating the Loyalty Programme and in its capacity as Data Controller, Scandale collects personal data relating to the Member, including all Mandatory Information as defined in Article 2 above.

For the processing of all personal data relating to the Programme, Scandale uses the services of Yotpo Ltd as a Data Processor.

Mandatory Information may be collected by Scandale through the Website when the Member creates their customer account or in the Boutique, in particular with the assistance of a sales advisor when creating the customer account and joining the Programme.

In order to allow the Programme to operate in the Boutique, duly authorised Scandale staff members may access the information required to identify the Member, as well as information relating to their Loyalty Programme, including their status, points balance and available benefits, within the limits of their respective authorisations and solely for the purposes of operating the Programme and managing the customer relationship.

In addition to the Mandatory Information, Scandale may, during the Member’s use of the Programme, collect other personal data relating to the Member (the “Additional Information”). Such Additional Information may enable Scandale to improve its knowledge of the Member and, where appropriate, provide them with a tailored experience, particularly in connection with commercial offers or specific operations.

Scandale is the Data Controller responsible for the processing of personal data.


  • Exercise by the Member of their rights of access, rectification and deletion of personal data

Pursuant to the General Data Protection Regulation (“GDPR”) and the French Data Protection Act of 6 January 1978 (“Loi Informatique et Libertés”), each Member has, at any time, an individual right to access, rectify and/or delete their personal data.

To exercise these rights, the Member may:

  • request the amendment and/or deletion of their personal data by contacting Customer Service by email at the following address: dpo@scandale.com.

For any further information regarding the collection and processing of their personal data, the Member may refer to Scandale’s Privacy Policy available on the Website.

For the purposes of this Article 8, all terms beginning with a capital letter and not defined in these Terms shall have the meaning given to them under the GDPR.

 

Article 9 - Governing law and dispute resolution

 

These General Terms and Conditions of Use are governed by French law.

Any dispute arising from the interpretation or performance of these General Terms and Conditions of Use shall be submitted to the competent courts.

Furthermore, where a dispute arises from the interpretation or performance of these General Terms and Conditions of Use, the Parties undertake to seek an amicable solution before initiating any legal proceedings.

In this respect, Scandale guarantees the Member effective and free access to a consumer mediation scheme. For this purpose, Scandale has appointed the Centre de Médiation et d’Arbitrage de Paris as its consumer mediator.

The Member is also reminded that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission established an Online Dispute Resolution platform designed to facilitate the independent out-of-court resolution of online disputes between consumers and traders within the European Union, available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.

Finally, for any questions, Scandale reminds the Member that Customer Service may be contacted through the following channels:

  • By telephone on 04 96 16 06 45
  • By post at the following address: SCANDALE, société MUSE, 167 rue Paradis - 13006 Marseille
  • By email using the contact form available on the Website.