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Terms and Conditions of the “My TOUS” Program

1. GENERAL CONSIDERATIONS

At the portal www.tous.com, and at TOUS points of sale in participating TOUS Stores (as defined below), customers and visitors can access the “My TOUS” Loyalty Program (“Program”) offered by Spain, Joyería Tous S.A (hereinafter “TOUS”), with which they can enjoy a range of benefits, which will be advertised on our website and at the establishments listed below. Customers interested in this program can register as members and find all the information about it on the TOUS website (hereinafter “the User” and/or “the Users”). Registration is free and can be completed in accordance with the following terms and conditions (hereinafter “Terms and Conditions”).

The User may make any inquiries about the Program and how his personal information is processed by sending an email to ayuda@tous.com or Users may unsubscribe from the “My TOUS” Program at any time by sending an email to dataprotection@tous.com. There is no penalty for unsubscribing; however, a User may forfeit one or more benefits depending on the nature of the data request made of TOUS.

The Tous points of sale participating in the Program, referred to throughout these Terms and Conditions, include all Tous stores in Spain (Iberian Peninsula, Canary Islands, Balearic Islands and Ceuta and all Tous stands at El Corte Inglés), as well as all Tous stores in Portugal, Mexico, the United States of America and Chile - including Tous stands at the Palacio del Hierro, Bloomindale’s and Falabella, respectively - (hereinafter referred to as “Tous Stores”), except for Outlets, Tous Rolex stores and Tous stores at airports. In stores located at airports, the My TOUS Program only applies to the following:

  • Airport Barcelona – El Prat, Terminal 1, Local 00311s10262, Joyería TOUS - 08820 Barcelona.
  • Airport Palma de Mallorca - Son Sant Joan,  Module D, Joyería TOUS – 07611 Palma de Mallorca.
  • Airport Adolfo Suárez Madrid – Barajas, T3, floor 1ª, Local 71061-T, Joyería TOUS - 28042 Madrid.
  • Airport Oporto - Francisco Sá Carneiro, EC 27 Piso 2 – 4470 558 Maia.
  • Airport Lisboa – Humberto Delgado, loja 1034 – 1700 111 Lisboa.

Tous’s 2018 goal is to make the “My TOUS” Loyalty Program available in the following countries: Spain, United States of America, Mexico, Portugal, Puerto Rico, Chile, Costa Rica, and Colombia. However, the foregoing is subject to possible changes by Tous, as well as the possibility of incorporating new openings.

TOUS reserves the right to change, suspend or cancel the “My Tous” Program at any time, in addition to the Terms and Conditions and/or any of the benefits associated with membership, by informing Users by email and/or other means provided by the User. A User’s participation in the Program after such notice will be deemed acceptance of such changes. Users should review these Terms and Conditions periodically to ensure familiarity with the most current version. Users will always be able to tell when the version was last updated by checking the "Last Revised" date at the top of these Terms and Conditions.  The latest version of the Terms and Conditions can be consulted at www.tous.com/brand/us-en/my-tous or www.tous.com/brand/us-es/my-tous In the event of force majeure, the “My Tous” Program may be suspended or canceled at any time without prior notice to the User. The modification or cancellation of the “My Tous” Program does not give the User any right to compensation.


Due to the nature of the “My TOUS” Program, the program member must remember that the benefits advertised at any given time are those that are in effect. The User can earn “My TOUS” advantages and benefits throughout the year by purchasing Tous products, starting from the valid registration date in the relevant country and for twelve (12) months thereafter. After twelve (12) months, a User’s account will reset and purchases made in the previous twelve (12) month period will not count towards advantages and benefits for the current twelve (12) month period.

TOUS reserves the right to suspend a User’s access to the “My TOUS” Program without prior notice, as well as to cancel associated advantages and benefits, in the event of non-compliance with the requirements of the current Terms and Conditions or the use thereof in bad faith or in a fraudulent manner.

TOUS cannot guarantee the availability or continued operation of the “My TOUS” Program, specifically when there is a technical malfunction of the computer systems, servers, computer equipment, Internet malfunction, destruction of data due to hacking or error, or any other kind of technical issue that may occur. Whenever reasonably possible, TOUS will notify the User of any interruptions to the “My Tous” Program. TOUS will not assume any liability for damages of any nature that occur as a consequence of a lack of availability or continued operation of the “My TOUS” Program.


2. CONDITIONS OF ACCESS

Access to the “My TOUS” Program is conditional on the acceptance of the Terms and Conditions and the Privacy Policy by the User. The User, on accepting the current Terms and Conditions, declares to be of legal age and have sufficient legal capacity to be associated with the same. Legal persons or entities cannot register for the “My TOUS” Program.

TOUS reserves the right to verify the age of the Users registered in the “My TOUS” Program at any time through reliable means to prove that the User is of required legal age. The User expressly and unconditionally accepts that access to the “My TOUS” Program and the use of its services and the content of such services are done so under his/her exclusive responsibility.


3. REGISTRATION AND ACCESS TO THE “MY TOUS” PROGRAM AS A MEMBER

The User can register as a member of the “My TOUS” Program at the www.tous.com, as well as in any of the TOUS Stores listed in these Terms and Condition.

The User is responsible for reading the Terms and Conditions of use of the “My TOUS” Program. In any case, the User will always have access to them at www.tous.com.

The registered User must take due diligence to prevent third parties from using their codes or passwords to the access and/or use the “My Tous” Program in their name. The User account created for the “My TOUS” Program is personal and non-transferable. For this reason, TOUS reserves the right to verify the identity of Users of the service at any time for any issue related to the “My TOUS” Program.

a)       Online registration

The User can register for the “My TOUS” Program at www.tous.com by completing a registration form and accepting the Terms and Conditions and the Privacy Policy.

Once registered, the User can create a username (email) and password that will allow the User to access the account on future visits and manage previously provided information.

If a User is already registered with the online TOUS store, they can use their username and password to log into their “My TOUS” space at www.tous.com by giving their express acceptance on the webpage.

Once registered for the online store, the User will have access to their personal information and the information associated with their account, either via the website www.tous.com, or through the TOUS Stores identified in the current Terms and Conditions, with the help of staff at these stores.

 

b)       In-store registration

The User can register at any TOUS Store by providing the information required by the store staff and accepting the current Terms and Conditions of the “My TOUS” Program.

Once a User has registered, at any TOUS Store, a username and password are not necessary for identification at any TOUS Stores In order to identify the User, TOUS Store staff may ask for any document that they consider necessary with the aim of verifying the User’s identity.

Users who register at TOUS Stores do not have access to their “My TOUS” space online. This can be done by registering online anytime at www.tous.com, as explained in the previous paragraph regarding online registration.

The registered User is solely responsible for the appropriate use of the “My TOUS” Program and for safeguarding the access codes and passwords at all times. These should not be used for any unlawful purpose or reasons contrary to those established in the present Terms and Conditions and the Privacy Policy.


4. DATA PROTECTION FOR PERSONAL INFORMATION

TOUS will comply with the obligations established by applicable data protection laws. 

The User must provide certain personal data in the online registration form in order to participate in the “My TOUS” Program. Users must accept the privacy terms on the form in order to complete subscription and to participate in available promotions and benefits. This information will be kept in a file by Joyería Tous, S.A. until the User unsubscribes, but may be retained for a longer period of time if required by law.

The information provided by the User for registration, and other information collected from purchases and/or transactions completed thereby, will be used to segment and profile User preferences and tastes. Furthermore, where the User has given their express acceptance by checking the relevant box in the registration form, their personal information may be used to offer products and services based on their indicated preferences.

We will personalize our communications to you as a member of the “My TOUS” Program based on  your interests, including based on information that we automatically collect or obtain from your browsing, interest in certain content, and response to TOUS communications, among other things.

If you do not wish to be segmented for marketing purposes, you should not subscribe to the “My TOUS” Program.

You may at any time modify your personal information and withdraw your consent to receive personalized promotional communications by following the link in the “Your Account” tab in your profile on the TOUS website. You can obtain more information about our practices with respect to your personal information in our Privacy Policy (https://www.tous.com/us-en/privacy-policy)

On completion of the registration form, “My TOUS” Program Users must acknowledge that they have read and accepted the Terms and Conditions of the Program and the Privacy Policy of the TOUS Group. These conditions can be consulted at any TOUS Store, as well as on our website: www.tous.com.

Users of the “My Tous” Program may exercise their right of access, rectification, erasure, limited processing, portability of data and opposition at any time by sending their request in writing by email to dataprotection@tous.com, or by mail to the following address: Joyería Tous, S.A., Customer Services, Ref: “LOPD” Carretera de Vic, El Guix 3, 08243 Manresa (Barcelona), Spain, including their first name, last name and proof of identity, as well as information regarding their request.

TOUS cannot be held responsible for the truthfulness of information provided by Users on the website. 

The registration forms are not intended for minors. For more information, see the TOUS Privacy Policy.

The information of Users registering at TOUS stands in El Corte Inglés (Spain), and those who have expressly given consent by accepting the checkbox for such purposes, will be transferred to Financiera El Corte Inglés, EFC, S.A. with registered address at Calle Hermosilla, 112, 28009 Madrid, as well as to the companies of Grupo El Corte Inglés, whose current structure and activity are shown in detail on the website www.elcorteinglescorporativo.es. The purpose of this transfer of information is to conduct marketing studies, and, in cases where the User has expressly market the checkbox “I would like to receive promotional messages”, to develop promotional activities, whether of a general nature or adapted to personal preferences on travel, insurance, financial products and the retail sale of goods and services. The User may exercise their right of access, rectification, opposition and cancellation by contacting El Corte Inglés, S.A., Ref.: LOPD, calle Hermosilla, 112. 28009- Madrid, under the terms of current law.


5. TERMS OF THE “MY TOUS” PROGRAM

The benefits available to Users of the “My Tous” Program are detailed below. In order to take advantage of these benefits, the User must always identify themselves as a member of the “My Tous” Program in accordance with the terms of section 3.


A) My virtual jeweler

The virtual jeweler is available by accessing “My TOUS” on the website www.tous.com or may be consulted with the help of store staff. It is a space that collects the information detailed below about TOUS® brand products purchased in the online store and at TOUS Stores participating in the “My Tous” Program. If the purchase is made through a physical store, the items will be added to the User’s virtual jeweler, provided that the User identifies themselves as a member of the “My Tous” Program prior to purchase.

The information contained in the virtual jeweler about the User’s items will be as follows: name of the product, photo of the product (if unavailable, a generic photo will be used), retail price at the time of the purchase, date of purchase and size (when relevant). In addition, the User will have the chance to include their reason for the purchase of this item as well as to add any comments they wish.

Only items purchased after the date of registration to the “My Tous” Program will be included in the virtual jeweler; it is not possible to include items purchased before the date of registration. When the User returns an item, it will be removed from the virtual jeweler. The inclusion of items in the virtual jeweler does not amount to, nor does it substitute, any certificate of guarantee for the item.

 

B) One extra year of warranty

TOUS jewelry products (except watches) acquired after the “My TOUS” Program registration date will receive an extra year of commercial warranty. Therefore, such products will have a total warranty of 3 years.


C) Toussi

The Toussi is an exclusive piece of jewelry that can only be obtained in the stores by Users of the “My Tous” Program who fulfill the requirements detailed below.

A User’s purchases starting from the valid registration date in the relevant country and for twelve (12) months thereafter will be tallied in order to determine which the Toussi level(s) a User meets. After twelve (12) months, a User’s account will reset and purchases made in the previous twelve (12) month period will not count towards any Toussi level for the current twelve (12) month period. Once the current year ends, a new one will begin and each new purchase made by the User will count towards obtaining one or more of the new Toussi levels available in the country during that twelve (12) month period.

The Toussi is a piece of jewelry whose materials and size will depend on the current Program in each country, and to which pendants made of varying materials will be added. The User can obtain these pendants for free when reaching the spend amounts required for the TOUS products listed below, during the one-year period following registration as a “My TOUS” User.

The pendants the User may obtain at each level are valued as shown below, based on the currency of the country where the Program is available:

 

Euros

Dólares

Pesos

MXN

Pesos Chilenos

Pesos Colombiano

Colón

 

Toussi 1  

100 €

$ 300

$ 3,000

150,000 $

$ 550,000

400 ₡

 

Toussi 2  

300 €

$ 600

$ 6,000

300,000 $

$1,100,000

800 ₡

 

Toussi 3  

600 €

$ 900

$11,000

500,000 $

$2,200,000

1,200 ₡

 

Toussi 4  

900 €

$1,200

$16,500

650,000 $

$3,300,000

1,600 ₡

 

Toussi 5  

1,200 €

$1,500

$20,000

1,000,000 $

$4,400,000

2,000 ₡

 

 

1.     The Toussi 1 pendant is valued at 25€, $29, 545 MXN, 19,593 CLP, 89,450 COP, 17,229₡.

2.     The Toussi 2 pendant is valued at  35€, $40, 762 MXN, 27,430 CLP, 125,242 COP, 24,120₡.

3.     The Toussi 3 pendant is valued at 49€, $57, 1,067 MXN, 38,402 CLP, 175,339 COP, 33,768₡.

4.     The Toussi 4 pendant is valued at 75€, $87, 1,634 MXN, 58,779 CLP, 268,376 COP, 51,686₡.

5.     The Toussi 5 pendant is valued at 99€, $115, 2,156 MXN, 77,588 CLP, 354,256 COP, 68,226₡

 

TOUS reserves the right to change the elements of Toussi items at any time, as well as the value of the same.

The process is as follows: when a User registers for the “My Tous” Program, they begin with a purchase amount of €0. From the date of registration, the purchase amounts for each TOUS product bought online or at TOUS Stores in countries participating in the “My TOUS” Program will be added to a User’s account when the “My TOUS” User identifies themselves as such, until they reach the amounts previously defined to obtain each of the pendants.

When the User returns a product, the value of the product will be deducted from the spend total accumulated as part of the “My TOUS” Program. Additionally, on returning any item that enabled the User to obtain a Toussi item, store staff reserve the right to ask the User to return said Toussi item.

The User may obtain only one Toussi pendant of each type until they have completed the collection of pendants. Once all of the pendants have been collected, if within the same twelve (12) month period, the User can begin to accumulate spend again to obtain another set of each Toussi pendant in the same twelve (12) month period.

 

D) Looking after my jewelry

“Looking after my jewelry” includes maintenance for the User’s TOUS jewelry and a virtual space that gathers all of the information on repairs carried out on them since the “My TOUS” Program registration date. 

Moreover, the TOUS “Looking after my jewelry” advantage may include, depending on the participating country, special repair services, for example, changing the chain or free polishing, among others. Three free servicings will be provide per year, subject to each country, from the User’s registration date. These servicings are not accumulable from one year to another and expire on year from the User’s “My TOUS” registration date. Additional servicings will be charged based on the prevailing price in the relevant country, at the time they are performed.

The inclusion of maintenance for TOUS jewelry in the virtual jeweler does not equal and does not substitute in any way their certificate of warranty, accordingly the warranty period cannot be expended under any circumstance.


E) Refer a friend

This advantage involves the chance to invite a friend to become a “My TOUS” member. Both the registered User and the new User may obtain a special TOUS gift valued at €29 in Spain and Portugal, $675 in Mexico, Chile and Colombia, or $34 in the United States and Puerto Rico. This will depend on the Program available in each country.

The User can create the invitation for a friend in TOUS Stores or in the online store at www.tous.com.

To obtain the two gifts (one for each person), the friend must join the “My TOUS” Program for the first time and, if registering in-store, at the same time make a first purchase of at least €100 for Spain and Portugal, $2,500 for Mexico, $150,000 for Chile, $550,000 for Colombia and 150₡ for Costa Rica, or $150 for the United States and Puerto Rico, in accordance with the requirements below and based on whether the registration is completed in the online store at TOUS Stores. If the friend is registered as a new user online, the first purchase does not need to be made at the time as the new user’s initial registration. Please see below for more complete details with respect to in store and online redemption of this advantage.

If this gift is not in stock at the time the requirements for obtaining it are fulfilled, TOUS may present an item of equivalent value.

Each User may invite as many friends to join “My Tous” as they like.

User should only invite individuals who they think would want to receive a referral invitation – no spamming.  All referred individuals must be eligible for the Program. TOUS reserves the right to exclude a User from the Program, disqualify a User from participating in the Program in the future, and/or cause the forfeiture of any rewards if a User violate these requirements. 

 

a)    In store:

The User must visit any store with a friend who has not yet registered for the “My TOUS” Program and would like to join. Additionally, the friend must make a minimum purchase of €100 for Spain and Portugal, $2,500 for Mexico, $150,000 for Chile, $550,000 for Colombia and 150₡ for Costa Rica, or $150 for the United States and Puerto Rico, when registering as a User of the “My TOUS” Program.

In order to register the friend, the store staff will identify the User who is inviting their friend and register the new User. Both people should be present in order to register the new user and have the store staff present the gift to both users.

If the new user registering as a friend does not make their first purchase of €100 for Spain and Portugal, $2,500 for Mexico, $150,000 for Chile, $550,000 for Colombia and 150₡ for Costa Rica, or $150 for the United States and Puerto Rico, at the time of registration, and/or neither the User nor the friend are present at the time of registration and purchase, neither user will receive the free gift. Likewise, if the friend makes a purchase of less than €100 at the time of registration, this amount cannot be added to future purchases in order to obtain the gift. The gift will also not be given if the friend makes their first purchase after registering as a “My TOUS” User, regardless of the amount spent.

 

b)     Online:

The User may invite friends by completing the form “Refer a Friend” in the “My TOUS” space at www.tous.com. Any personal information the User has provided about their friend (name and email) will not be stored, unless such friend gives their consent.

Each friend will receive an email with a unique, exclusive code. The invited friend must register for the “My TOUS” Program by following the process in section E.b) in these Terms and Conditions. Once registration is complete, the friend must make a minimum purchase of €100 for Spain and Portugal, $2,500 for Mexico, $150,000 for Chile, $550,000 for Colombia and 150₡ for Costa Rica, or $150 for the United States and Puerto Rico, and enter the code received in the “Do you have a discount code?” space on the page Your Shopping Bag.

A new User registering as a friend may make the first, minimum $150 purchase at any time. It is not necessary to make this purchase when registering. If the purchase exceeds the aforementioned amounts, the invited friend will receive both gifts with their order: one for themselves and the other for the User who invited them. If the first purchase made by the newly registered friend is for an amount less than $150, neither the User who invited them nor the new User will obtain the gifts and this amount cannot be added to future purchases.

 

F) My birthday

During the User’s birthday month, the User can receive a jewelry box for their jewelry valued at €30 (or $697.18, for Mexico, Chile and Colombia; or $35 for the United States and Canada) as a gift when making a purchase over €100 (Spain and Portugal), $3,000 (Mexico, Chile and Colombia), or $249 (United States and Puerto Rico).

If this gift is not in stock at the time the requirements for obtaining it are fulfilled, TOUS may present an item of equivalent value.

This birthday gift can be obtained in TOUS Stores or in the online store in the relevant country (as set forth below). Only one gift will be given per year, whether online or at a TOUS Store.

 

a)    In store:

The User will receive the gift when making a purchase in person at any TOUS Stores participating in the “My TOUS” Program over €100 (Spain and Portugal), $3,000 for Mexico, $150,000 for Chile and $650,000 for Colombia and 250₡ for Costa Rica , or $249 (United States and Puerto Rico).

 

b)     Online

In the “My TOUS” tab of the webpage, and only during the User’s birthday month, a specific code (with no expiration date) will appear in order to receive the birthday gift on purchases over €100 (Spain and Portugal), $3,000 for Mexico, $150,000 for Chile and $650,000 for Colombia and 250₡ for Costa Rica , or $249 (United States and Puerto Rico). The User must enter this code in the “Do you have a discount code?” space in the section “Your Shopping Bag.”

Code can only be used by the User to whom it was provided. Codes cannot be assigned or transferred. Codes that are auctioned, sold or bartered may be void.


G) Amazing contests

Registered users of the “My Tous” Program can participate in the contests and drawings that regularly appear on the website. These are exclusive for “My TOUS” members, who can compete for prizes according to the conditions explained in the rules for each contest or drawing.

The User may participate in the contests and drawings in the “MY TOUS” section on the TOUS webpage, www.tous.com, and on the Joyería TOUS Facebook page, in the “My TOUS Contest” section.

The conditions for participation, the steps for entering the different contests or drawings, prizes and other conditions will be provided in the specific rules established for each of them.

 

6. JURISDICTION AND APPLICABLE LAW

The relationship between TOUS and the User shall be governed by the applicable Spanish law and any controversy shall be submitted to the Courts of the User’s residence.

TOUS shall prosecute any non-compliance with these Terms and Conditions, as well as any undue use of the website using all of the civil and penal recourse that may correspond and exist in law.

The European Commission provides a platform that consumers can use to resolve claims regarding online purchases available at the following link: http://ec.europa.eu/consumers/odr/

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