GENERAL TERMS AND CONDITIONS DiKa LOYALTY PROGRAM
The present General Terms and Conditions (“General Terms”) regulate the relationships between E. MIROGLIO EAD and the consumers within the terms of:
- Their participation in the customer loyalty program (reward program) for goods with the trademark DiKa™ (hereinafter the “Program”),
- Issue of a customer card for participation in the Program,
- Exercise of the rights of the card owner,
- Matters related to the Program.
By consenting and registration for participation in the Program, the customer thus confirms to have read, understood and agrees with the General Terms. After the registration for participation in the Program, henceforth herein, the customer will be referred to as participant.
1. SCOPE
1.1. The program applies to the purchase of items with the trademark DiKa™ and goods sold in the physical outlets of E. MIROGLIO EAD, bearing the name DiKa within the territory of the Republic of Bulgaria, as well as the use of discounts for subsequent purchases by the rules, within the terms and the additional conditions, as stipulated further in the text.
1.2. The program does not relate or is not applicable to goods, manufactured or traded with by E. MIROGLIO EAD outside the ones listed in item 1.1. For any doubt to be avoided, the program will not apply to items with the trademarks EMIROGLIO, MIRОGLIO, EM, FEM, or any other trademark owned by E. MIROGLIO EAD, or companies of the group, unless the said goods are placed for sale in the sales points listed in item 1.1.
2. PARTICIPANT IN THE PROGRAM. CUSTOMER CARD.
2.1. Participant in the program may be any person, of legal age and capacity, with usual residence registered in the Republic of Bulgaria.
2.2. The participation in the program is voluntary.
2.3. The participation can be terminated at any time by the rules as stipulated in item 4.2.
2.4. The participation in the program is evidenced by a customer card with content, design and functionalities, as determined by E. MIROGLIO EAD.
2.5. The consumer may enroll for participation in the Program by creating a user profile in the online store or when completing an order by marking the corresponding box for consent to registration in the registration form, respectively the ‘check out’ page when completing the order. After marking the relevant box for consent for registration, the User receives a file by email to fill in for participation in the program. When making purchases as a guest in the Online store, registration in the Program nor shopping as loyal client are possible.
2.6. When registering online, the User sends the Program participation form to email address online.bulgaria@dika.com. Upon registration when placing an order in the Online store, the accumulated points of the first purchase will be reflected to User’s profile. Upon registration in the online store, the User receives the customer card in a physical store of DiKa specified by him or by courier together with the first order placed. By requesting delivery by courier, the delivery costs are at the expenses of the User; in case the User has not made a purchase of goods of goods which value does not allow free delivery according to the conditions of the online store.
2.7. The customer card is issued to the participant’s name and for their personal use. It can only be used on the devices for sale of products with the trademark DiKa™ and E. MIROGLIO EAD.
2.8. To one participant only one customer card is issued. If lost, destroyed, damaged or otherwise manipulated, which makes it unfit for use, the missing /non-functioning/ card will be invalidated and replaced with a new one. To the participant with the non-functioning card, a new card with a new customer number will be issued. In case the customer card is lost, destroyed, damaged or otherwise manipulated, which makes it unusable, within 1 (one) year from the last issue of a customer card, the participant shall pay a fee to the amount of BGN 5 (five Lev) for the issue of the new customer card. The accumulated so far points will be transferred to the new card. If the period from the initial registration exceeds 1 year, a new card will be issued with a new customer number, the accumulated points will not be transferred, and no fee of BGN 5 (five Lev) will be due.
2.9. The customer card does not represent credentials, or a personal identification document, therefore no disposition with rights granted with the card shall be made. The identification of the bearer may be performed by presenting an ID for verification by the employees of E. MIROGLIO EAD, working at the physical outlets of DiKa. E. MIROGLIO EAD will not collect any data from the ID documents presented, nor will any paper or digital copies be made thereof. The ID documents will only be verified by the employees of E. MIROGLIO EAD for identification of the user, holder of the said card.
2.10. The customer card is not a payment document, nor instrument for savings, or a document allowing payment of the available amounts/ points for discounts in cash to the participant.
2.11. Each customer card, as an independent item, is property of E. MIROGLIO EAD and shall remain so until the user terminates their participation in the program.
2.12. The customer card can be used by the participant it was issued to. No assignment to a third person and/or transfer of the rights granted with the card is allowed.
2.13. In case of providing incorrect data, data of another person E.Miroglio EAD reserves the right to cancel the card, as well as all the rights it gives, including the accumulated points.
2.14. For the initial issue of the customer card no amounts or fees will be collected.
2.15. For the purpose of registration and participation in the Program, it is required that personal data, the necessary minimum, be made available. When processing and keeping record of the personal data, E. MIROGLIO EAD observes all rules and regulations applicable to the protection of the personal data, according to the personal data policy set out as below.
2.16. Each participant in the Program will have the right to use their customer card in all physical outlets of E. MIROGLIO EAD named DiKa in Bulgaria and in the online store of the brand.
3. CUSTOMER POINTS. DISCOUNTS.
3.1. For each purchase of items in the shops of E. MIROGLIO EAD with the name DiKa in Bulgaria, the participant receives customer points, as indicated in item 3.5. of the present General Terms. With these points, the participant will be able to use discounts for subsequent purchases at the shops of E. MIROGLIO EAD with the name DiKa in Bulgaria, within the period of validity of the discount.
3.2. The period of validity of the discount, expressed in points, which the participant may use with their next purchase, is 1 year from the date the said purchase was made, for which the respective discount was accumulated, as points. In this period the participant will be able to use the accumulated discount entirely or partially. When used partially, the unused balance may be used in the remaining period of validity of the discount. In case the accumulated discount is not used within 1 year, the system will automatically delete the unused discount on the first day after the one-year period has elapsed /example: on February 1st, 2024 the participant makes a purchase. The discount from this purchase may be used for the next purchase, if made within 11:59p.m. on February 1st, 2025. Starting from 00:00a.m. on February 2nd, 2025, the participant will no longer be able to use this discount for their next purchase/.
3.3. If an item is returned due to a participant’s refusal from the contract, within the term as stipulated in art. 50 of the Consumer Protection Act, if paid using the discount accumulated according to the Program, the said discount will not be refunded to the participant as points.
3.4. The one-year period, within which the participant will be able to use the discount, according to item 3.2., cannot be extended, including in the cases of objective inability to use the discount, which has started prior to and ended after the expiry of the one-year period.
3.5. From the value of each purchase under item 3.1., the participant in the program receives discount points. The discount points amount to 5% from the value of each purchase /example: the participant makes a purchase to the amount of BGN 100. From this purchase they receive BGN 5.00 discount from their next purchase/. The discount points will be rounded. /example: when the purchase made is to the value of BGN 99.95, the participant will receive a discount of 5 points, and if the purchase is worth BGN 125.95, the discount will be 6 points/.
3.6. The right to request the use of the discount belongs to the participant. The discount points from the separate purchases may be accumulated and used all at once on a next purchase /example: the participant makes 5 purchases at the price of BGN 100 each within 6 months. The discount points from all 5 purchases will be a total BGN 25 (5% for each purchase or 5% x BGN 500 = BGN 25/.
3.7. The value of a purchase cannot be paid by a participant entirely using the accumulated discount points on the Program. /example: in case of purchase to the value of BGN 100, the participant has the right to use a discount to the maximum amount of BGN 99/.
3.8 Apart from the right to discount related to the customer points accumulated, the user will receive a one-time discount to the amount of 10% of the value of the purchase, valid for a period of one week prior to and on the participant’s birthday date (hereinafter Birthday discount). The birthday discount will be applied automatically and only once in physical stores and online store of the brand . The birthday discount may be combined with any other current sales, discounts and promotions, by adding it as further percentage of discount. The birthday discount will be applied, only if the customer has explicitly indicated their birthday date in the registration form.
3.9. When purchasing a gift voucher, the points from the value of the said voucher will be received by the participant who bought the voucher. When the gift voucher is used, the participant who used the voucher will receive points according to the program, only in case of purchase with price higher than the value of the gift voucher, thus obtaining points only for the difference between the value of the gift voucher and the purchase made.
3.10. When a participant makes a purchase, whose value is paid using accumulated points under the program, no additional points are given to the participant for this purchase .
4. TERMINATION OF PARTICIPATION IN THE PROGRAM. TERMINATION OF THE PROGRAM. NOTIFICATION.
4.1. E. MIROGLIO EAD will be entitled to terminate a customer’s participation in the program if:
4.1.1. Found that the participant is not of legal age or capacity;
4.1.2. Incorrect data are provided upon registration for participation in the program;
4.1.3. Grants their customer card for use by a third person;
4.1.4. Other reasons are present, arising from a legal act, administrative, court act or other legal documents, imposing an obligation for termination of the participation;
4.1.5. E. MIROGLIO EAD is entitled to unilateral termination of the program by sending at least a three-month advance notification to the participant, enabling them to use all valid customer points accumulated within the period of notification.
4.2. The participant may terminate their participation in the program by filling out, signing and sending a Form for refusal to participate in the program to online.bulgaria@dika.com, or send a free-form message regarding their decision to terminate their participation in the program directly to the aforementioned e-mail address. If the participant applies for participation in the program for a second time within 1 /one/ year from its termination, the participant will have to pay a fee to the amount of BGN 5 /five Lev/ for the re-issue of the customer card.
4.3. E. MIROGLIO EAD is entitled to unilaterally change the present General Terms, as well as the requisites for issue and use of the customer cards, including the discount rate after the change in the general terms, and etc., by notifying the participants in advance and within a reasonable period, regarding the changes, by using the same means of communication as for the announcement of the present General Terms.
4.4. The changes in the General Terms take effect only henceforth.
4.5. Any changes in the General Terms will be communicated to the participants via the website https://www.dika.bg .
4.6. The participants in the program, who have consented to receive e-mail messages to their e-mail address, will be notified about the change in the General Terms to the indicated e-mail address. The participants in the Program, who have consented to receive messages using another communication channel /including text messages to a specific cell number /SMS//, will be notified about the change in the General Terms using the indicated communication channel.
4.7. E. MIROGLIO EAD may assign to third parties to perform the message-handling service, on its behalf, by observing the aforementioned rules.
4.8. By accepting these General Terms, the participant in the program declares that the messages under item 4.6. sent by E. MIROGLIO EAD, or on its behalf by explicitly appointed for this purpose provider, will be characterized as electronic statements within the meaning of art. 3 of the Electronic Document and Electronic Signature Act.
4.9. By accepting the present General Terms, the participant consents and grants the right to E. MIROGLIO EAD to submit to third parties information, which may be considered personal data, only for the purpose of messaging service under item 4.6.
4.10. E. MIROGLIO EAD shall not be responsible for the delivery of messages under item 4.6. due to reasons originating from the provider of the respective communication service, or other reasons beyond the control of E. MIROGLIO EAD, including communication network problems, infrastructure, power supply, transmission, processing, translation into the respective digital language (code), legibility, readability, digitalization, fonts, or spam qualification issues. By accepting the present General Terms, the participant declares and consents, that the messages under item 4 are not qualified as unwanted commercial communication, within the meaning of the Electronic Commerce Act and its by-laws.
5. PERSONAL DATA.
5.1. The participants in the Program, by accepting the General Terms agree, that E. MIROGLIO EAD and its employees, depending on their duties, will have access to a part of or the entire information filed upon registration in the CUSTOMER LOYALTY PROGRAM FOR GOODS WITH TRADEMARK DiKa™, and in full compliance with the privisions of the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and Council from April 27th, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
5.2. By filling out the registration form for the Program, the participant agrees that the Administrator collects and processes the following personal data: two names, e-mail address, phone/cell number and year of birth. The submission of the personal data, as indicated in the foregoing sentence, is an obligatory condition for participation in the program. The participant may choose to submit also additional information, which is not compulsory for the participation in the program, e.g. size data according to DiKa size range, birth date, address, and etc., depending on the registration form template and content. If the participant chooses to not share their birth date, they will not be able to use the Birthday discount, as described in item 3.8. of the General Terms. The participant shall be responsible for the truthfulness of the data submitted.
5.3. The grounds for participants’ data collection and processing, is art. 6, paragraph 1, letter ‘a’, that is, the participant’s consent for participation in the program, which may be withdrawn at any time. By accepting the General Terms, the participant agrees that E. MIROGLIO EAD will have the right to process the data submitted upon registration or later in the Program, personal data, for the following purposes: technical administration of the Program and its database; establishment of contact with the participants; service performance measurement; advertising campaigns, marketing and market surveys, price policy; sending of advertising offers and materials; information about E. MIROGLIO EAD products, and similar information by mail, and/or SMS, and/or e-mail. By accepting the General Terms, the participant agrees that in connection with the processing of their personal data for the indicated as above purposes, E. MIROGLIO EAD may submit such data to third parties, which E. MIROGLIO EAD is partnering, works with, or otherwise interacts in other aspects based on its business activity.
5.4. Our Privacy Policy is published on our website https://www.dika.bg/bg/privacy.html. It describes in detail the type of personal data, purpose, period and mode of processing, as well as comprehensive information about the participants’ rights concerning the collection, record-keeping and processing of personal data.
6. OTHER TERMS
6.1. The present General Terms shall be governed by the Bulgarian laws.
6.2. COMMERCIAL ENTITY INFORMATION
The present General Terms have been approved by and shall be binding for the commercial entity E. MIROGLIO EAD, Unified Identification Code 119603547, registered and business address: Sliven city, 8800, Industrial area, ph. 02/4521752, e-mail: online.bulgaria@dika.com
Consumer Protection Commission contacts: https://kzp.bg
Alternative dispute resolution – General Conciliation Committee to the Consumer Protection Commission http://ec.europa.eu/odr
Consumer Protection Commission claim/ whistleblowing e-form: https://kzp.bg/elektronna-forma-za-podavane-na-zhalba-signal
Personal Data Protection Commission contacts: https://www.cpdp.bg