PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN THE MY ELEMENT LOYALTY PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN MY ELEMENT LOYALTY PROGRAM.
The My Element loyalty program (hereinafter “MY ELEMENT”) is a customer loyalty program offered by NA PALI SAS/Boardriders Europe and its subsidiaries in Europe (“Boardriders,” “Company,” “we” or “us”) to customers who meet the eligibility requirements described below. MY ELEMENT is valid online at the website www.Element.com in Germany, Austria, Belgium, France including Monaco, Italy, Luxembourg, Portugal, UK, Ireland, Sweden, Switzerland, Spain, the Netherlands, Denmark and Finland (hereafter, the “Sites”), and at participating Boardriders and Element company owned retail stores (list available on the store locator on www.element.com) (hereafter, the “Stores”).
When you create a user account on the Element website, you will automatically be enrolled in MY ELEMENT. By creating an account and/or enrolling in MY ELEMENT, you agree (or, if you are under the age of majority, you have obtained your parent or legal guardian’s consent) to participate in MY ELEMENT. By participating in MY ELEMENT, you will be subscribed to receive communications from Element, some of which may be commercial in nature.
A. Acceptance of Terms and Conditions of Membership
Membership in MY ELEMENT is available to any natural person who is a resident of the countries listed above and are at least 18 of age (or the age of majority in the place of residency) at the time of enrollment in the program. By submitting an application for membership in MY ELEMENT, you represent that you meet these eligibility requirements. Employees, officers, directors, agents and representatives of Company are ineligible for membership in MY ELEMENT. You must read and agree to these terms and conditions of membership in MY ELEMENT (“Terms and Conditions”), as set out below.
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, Company may at any time, in its sole discretion, alter, limit, or modify the MY ELEMENT rules, regulations, Rewards (as defined in Section B below), eligibility for membership, or any other feature of MY ELEMENT or may suspend or terminate MY ELEMENT at any time in its sole discretion, without giving you prior notice. In such instance, your Points (as defined in Section B below) may terminate or expire. Moreover, Company reserves the right to terminate your account and/or your participation in MY ELEMENT if Company determines in its sole discretion that you have violated these Terms and Conditions, you have more than one (1) MY ELEMENT account, or that the use of your account or any content or materials owned by Company is disruptive, unauthorized, deceptive, fraudulent or otherwise unlawful.
B. Principle of MY ELEMENT
As a MY ELEMENT member, you can earn MY ELEMENT points (“Points”) by (i) purchasing Element brand merchandise and eligible third-party merchandise as determined by Boardriders in its sole discretion (excludes the purchase of e-gift cards, gift cards, shipping & handling charges, and sales taxes on purchases) on the Sites and at Stores (“Eligible Purchases”); and (ii) participating in Point-earning activities offered by Company from time to time (e.g., double Points Tuesdays, responding to a survey, etc.). Points earned in this way give you access to select rewards (“Rewards”) as determined by Company in its sole discretion.
C. Membership in MY ELEMENT
To join MY ELEMENT, simply ask about it at one of our Stores or join online on the Sites. You must create an online user account in order to participate in MY ELEMENT. Are automatically enrolled in MY ELEMENT: 1) individuals who previously joined the former MY ELEMENT loyalty program through the Element Site before the launch of the new MY ELEMENT loyalty program and 2) individuals who previously joined the former Element loyalty program through the Element wholly owned store before the launch of the new MY ELEMENT loyalty program.
In order to get the most complete experience out of your MY ELEMENT membership, including receiving exclusive MY ELEMENT offers, Company recommends that you subscribe to receive all MY ELEMENT emails. You will periodically receive emails from us. Some of these will be marketing emails, if you have subscribed to receive such emails, while others will be transactional emails that relate to your membership in MY ELEMENT. Examples of transactional emails include: the welcome email, account statement emails, earned Rewards emails or other communications that help us to maintain your user account. At any time, you may opt out of marketing emails, transactional emails, or both. If you opt out of marketing emails, you will not be notified of all Rewards opportunities that you would have otherwise been notified about had you agreed to receive marketing emails from us (e.g., birthday offer and special promotions). You may still access your loyalty membership status, earned Points and Rewards, by logging into your account.
You are responsible for the accuracy of the information you provide and shall be solely liable for any incorrect, incomplete or out-of-date information. Company reserves the right to request at any time any document to prove the identity of the person who has joined or wishes to join MY ELEMENT, particularly in the case of two people with the same name.
Only one (1) membership in MY ELEMENT is permitted per person and email address. In the event of a dispute over ownership of your user account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms and Conditions, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Membership in the MY ELEMENT, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned.
D. Earning Membership Points
You will begin earning Points over a 12-month period from the date on which you join MY ELEMENT, and will be awarded 100 Points upon enrollment in MY ELEMENT. You will also earn Points on all Eligible Purchases and participation in other special programs and promotional offers that may be announced by Element or its third-party partners from time to time. Points will expire twelve (12) months after they are earned on a rolling basis.
Points have no cash, monetary or real-world value. Unless a special offer is applicable, you shall earn one (1) Point for every €uro (1€) you spend (as applicable, based on country of purchase) on the Sites or in a Store. Points may be earned in fractional amounts depending on the value of your purchase and will be rounded up to the next €uro. When making a purchase on the Sites, you must log-in to your user account in order to earn Points. When making a purchase at a Store, you must provide your email address or other membership information in order to earn Points on your in-store purchase. From time to time, we, or others acting with our permission, may notify you of special promotional offers that offer you “Bonus Points.” Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
Points will not be awarded on unauthorized or fraudulent purchases, nor will Points be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. Points will not be earned on the following items: purchase of e-gift cards or gift cards, shipping & handling charges, and sales taxes on purchases.
No Points will be earned for purchases made on the Sites using the guest checkout option. Any purchases you make prior to joining MY ELEMENT are not eligible for Points.
Company reserves the right, in its sole discretion, to determine and establish the value of Points. In the event of a dispute regarding the number of Points earned by a member, Company shall have the sole discretion to determine the accurate number of Points earned by such member. All decisions by Company with respect to Points are final.
E. Membership Rewards
Your membership Rewards include the following:
Rewards: These are single-use coupons that can be used for discounts off purchases on the Sites or at Stores as described below. The amount of your Reward will be determined by the total amount of Points you have accumulated. Every 300 Points = 15€ off eligible purchases. Rewards shall be awarded in 15€ (or as applicable, based on country of purchase as detail in the conversion table mentioned below) increments as follows:
If you accumulate 300 Points or more but less than 600 Points, you shall have the possibility to convert your points into a Reward of 15€ off your next purchase of 25€ or more.
If you accumulate 600 Points or more but less than 900 Points, you shall have the possibility to convert your points into a Reward of 30€ off your next purchase of 50€ or more.
If you accumulate 900 Points or more but less than 1200 Points, you shall have the possibility to convert your points into a Reward of 45€ off your next purchase of 75€ or more.
If you accumulate 1200 Points or more but less than 1500 Points, you shall have the possibility to convert your points into a Reward of 60€ off your next purchase of 100€ or more.
If you accumulate 1500 Points or more but less than 3000 Points, you shall have the possibility to convert your points into a Reward of 75€ off your next purchase of 125€ or more.
If you accumulate 3000 Points or more, you shall have the possibility to convert your points into a Reward of 150€ off your next purchase of 200€ or more
Each Reward shall be valid for 12 months from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase, on the Sites or at Stores, of Element or other Boardriders brands (i.e., Quiksilver, Roxy, DC Shoes, BILLABONG, RVCA) in which you are also a loyalty program member. Each Reward may only be used once. Limitations on the number of Rewards that can be used in a single transaction may apply. Rewards have no market or cash value and are non-transferable.
20% Discount For Your Second Loyal Purchase: New members that join the programme and make their first loyalty purchase will receive a -20% offer for their second loyal purchase. For online purchases, log into your account to apply the offer. For in-store purchases, confirm your account with a sales assistant, and they will apply the discount to your purchase. For accounts created in-store, you must confirm your email address before your offer is generated. Once you confirm your email address, please allow up to 24 hours for the offer to appear in your account. Discount applies to subtotal, before shipping. 20% off is valid for one-time use only and cannot be combined with other promotions. Other exclusions may apply. Discount cannot be applied to past purchases or the purchase of gift cards, e-gift cards, special offers, technical Surf, Skate and Snow products and accessories, special collections, custom products. Each Second Loyal Purchase Offer shall be valid for thirty (30) days from the date of issue or such other time as set forth on the Second Loyal Purchase Offer.
Birthday Offer: :Following your enrollment in MY ELEMENT, you will receive a 25% off Birthday Offer once a year at the beginning of the month in which you celebrate your birthday. Each Birthday Offer shall be valid for thirty (30) days from date of issuance or such other time as set forth on the Birthday Offer. Birthday Offers may only be used for the purchase of Element merchandise on the Sites or at Stores. Each Birthday Offer may only be used once. Limitations on the number of Offers that can be used in a single transaction may apply. Offers have no market or cash value and are non-transferable.
Free standard shipping: You shall receive free standard shipping on all purchases made on the Sites.
Free returns: You shall receive free returns on all Eligible Purchases made on the Sites.
Some Rewards or Offers may only be available to residents of a particular country. Company reserves the right to substitute Rewards or Offers at its sole discretion. Unless otherwise noted by Company, Rewards and Offers cannot be combined with any other offer. Rewards may only be used for the purchase, on the Sites or at Stores, of Element or other Boardriders brands (i.e., ROXY, DC SHOES, QUIKSILVER, BILLABONG, RVCA). You cannot use Rewards or Offers retroactively for prior purchases. Company is not responsible for lost or stolen Rewards or Offers. If you opt out of certain types of emails, e.g., Loyalty Program emails, you may not be able to receive Rewards or Offers by email, although you will be able to view your Rewards or Offer status by visiting a Store or logging in to your MY ELEMENT account.
F. Updating Your Account
Participation in MY ELEMENT requires an email address and a valid password. You should consider your user password confidential information. Anyone with knowledge of both your email address and password can gain access to your account. You agree to immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your email and password. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.
It is your responsibility to keep your information up to date and to notify Company of any changes by editing your user account information. You shall be solely liable for any out-of-date, incomplete or inaccurate information. Under no circumstances may Company be held liable in the event that you do not receive Points or Rewards or Offers due to out-of-date, incomplete or inaccurate information.
You may close your user account by sending an email request to privacy.EU@boardriders.com.
G. Fraudulent Use of MY ELEMENT
Any fraud, attempted fraud or theft on the Sites or at a Store, any wrongful or inappropriate use of MY ELEMENT, any abnormally high number of transactions found to have been made over one or more days, any payment incident or more generally any violation by you of these Terms and Conditions shall lead to the automatic suspension or permanent deactivation of your membership in MY ELEMENT. Company reserves the right to suspend or deactivate your account, MY ELEMENT and/or cancel Rewards and you shall have no right to claim any compensation. In addition, any Points acquired in violation of these Terms and Conditions or through misuse or fraudulent use shall be cancelled without any form of compensation.
H. Amendment, Failure or Interruption of MY ELEMENT
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, Company reserves the right to amend these Terms and Conditions at any time, without providing you notice. Company also reserves the right to change Rewards offered, as well as to amend or suspend MY ELEMENT.
Company shall be exempt from any liability for all consequences, direct or indirect, of any failures of MY ELEMENT. No amendment, withdrawal or failure of MY ELEMENT shall give you an entitlement to compensation. If MY ELEMENT is suspended, any Points earned may no longer be valid or honored by Company, at Company’s sole discretion.
BY PARTICIPATING IN MY ELEMENT, YOU ACKNOWLEDGE THAT MY ELEMENT, THE REWARDS, OFFERS, AND THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE SITES, MY ELEMENT, THE REWARDS OR OFFERS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITES OR MY ELEMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE SITES, MY ELEMENT, THE REWARDS OR OFFERS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE SITES, OR WITH RESPECT TO MY ELEMENT, REWARDS OR OFFERS WILL BE CORRECTED.
PARTICIPATION IN MY ELEMENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ELECTRICAL SYSTEM, WIRELESS ROUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITES OR IN CONNECTION WITH MY ELEMENT. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.