Terms and conditions

Terms and Conditions: 

PLEASE READ CAREFULLY: Membership in the Loacker USA Insider Loyalty Rewards Program is subject to the Program’s Terms and Conditions set forth below. These Terms and Conditions supersede all previous rewards or loyalty program terms and conditions, rules, regulations, policies and procedures that may have been in effect. By opening or creating a Loacker Insider Loyalty Rewards Program account (“Account”) or by using the Account to earn or redeem Points, you agree that: (1) you have read, understood, accept and agree to abide by these terms, conditions, rules, regulations, policies, and procedures of the Program detailed in this agreement; (2) you are eligible for participation; and (3) you consent to Loacker USA’s processing of data that is personal to you, and disclosure of such data to third parties, in accordance with the Sponsor’s Privacy Policy.

 Privacy Policy

Personal data provided through the website will be kept private and will not be shared outside of Loacker USA.

The data owner consents to the publication of their data on Web pages and YOUR Loacker USA’s teletext in the event that it is awarded in any of the programs, contests, sweepstakes and / or promotions.

 Terms of use

 1. What is the application?

The application is a loyalty program that allows registered users to access a product catalog on very advantageous terms redeeming points for items or more articles by exchange of paying a sum of money.

 2. How does the loyalty program work?

The operation of the loyalty program is simple. Once you register, you will have an account where, besides managing your personal data and shipping addresses(no P.O. Boxes), Loacker USA will accumulate the points collected through different routes (for example, invitations to Facebook friends or purchasing products on web pages), which can be redeemed for catalog items you have at your disposal or for coupons redeemable to use on other websites or even in physical stores. To add points to your balance, the user must enter the codes obtained associated with this promotion. In any event, only redeemable codes, which have been obtained in a lawful and valid way, we reserve the right not to admit codes that there are indications have been obtained against the provisions of this paragraph.

 3. User Account and Terms of Use:

As described in the previous section, to participate in the loyalty program the user must necessarily complete the registration process so as to create a personal account. They may only join the loyalty program and shopping (or exchanges of points per product) over 18 years of age and accept the general conditions.

 To do this, you need to complete the form for the purpose, with personal data, or do so through Facebook profile and accept these conditions. You can’t finish the registration process without prior acceptance.

 You can only make one entry per person, so that if, after completing the necessary checks, the data were consistent with those of a user already registered, registration shall be refused.

 The user must provide their real and accurate data, being the sole responsibility of the consequences that may arise to provide data that may pose a false or fictitious identity.

 From the "My account" the user can perform all the desired changes regarding your personal data, and can identify and correct any errors made in data entry.

This account and points generated are personal and nontransferable and incentives that are exchanged with those points, so that the user is the only one who can make use of it and will assume full responsibility for her and her use.

Points earned have a two year expiration date from the point the points were rewarded. They can be redeemed at the time desired by the user with that two year timeframe, depending on existing promotions, and inventory availability at all times.

The user must make a legal and fair use of their account and points generated by refraining from use contrary to the law or to these conditions. If they behave in any way that is contrary to the law we may involve low modifications or account cancellation without prejudice to take legal action as appropriate.

In addition, the following may be the cause of a modification or cancellation of an account and it's user:

• Fraudulent use of credit cards, debit cards or other means of payment.

• Fraudulent account registration by users who have accessed or wherein there is good reason for Loacker USA to assume that the user has registered for the Loyalty Program by way of malus “Free/Freebie Listing” web-sites, link exchanges, discussion boards, and or social media profiles and posts.

• Behaviors considered unsuitable for the proper functioning of the website.

• Account inactivity during the period of one year. It means that an account is inactive when the balance of accumulated points has not undergone any change during that period of one year

If a user has had their account canceled for any of these reasons, it is banned to create a new account unless the Responsible loyalty program approved reinstatement.

4. Intervening Parties

The head of the loyalty program is:

• Loacker USA

• Email: marketing@loackerusa.com
 
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5. How to Redeem Points for Rewards?

As described in “How the Loyalty Program Works?" Users may only join the loyalty program and shop (or exchanges of points per product) if they are over 18 years of age and accept these general conditions.

The user, once completed the registration process, will be reflected in the data balance with the amount of points generated and points redeemable for products published in the catalog.

In the "My account" the user will have the receipt of each purchase made available and the balance of points available.

6. Availability of items

The items offered in the catalog loyalty program are subject to stock limits. Should Loacker USA not be able to supply the product purchased by the user, we will inform the user of the lack of availability before finalizing the purchase, in the actual product details and, in any case, by email once we receive your purchase request. If the user has not been informed of it and the user had acquired a product that did not have availability, you can recover the points as soon as possible and in any case within a maximum period of 30 days.

In any case, the user can place a new order with different products according to existing stock at all times.

The products that users purchase through the loyalty program will be delivered by a Loacker USA staff member or sent through a courier company.

The products will be delivered according to the schedules of the courier company or staff schedules, so if you were absent from the home at the time of delivery, user should contact the mentioned courier company or Loacker USA office to arrange day and time of the next installment. Loacker USA will not be responsible for delays that occur due to the absence of the user at the time when delivery is attempted. Therefore, in order to avoid such problems, we recommend users to provide a delivery address where they can be available to make the delivery.

7. Sending and Receiving Product

Purchases made through the loyalty program will be delivered to the user within the period specified in each article that, in any case, will have an indicative nature which may vary depending on the destination or have not enough stock in the warehouses of our providers. Anyway, the deadline to execute the order is 15 days from the day following that on which the user has paid the amount of the product. However, the medium-term delivery is about 7 days. **Please note that P.O. Box addresses are not valid** 

The request may be submitted at any time between 8 am and 8 pm Monday through Friday (except holidays), and shall be binding signature of acknowledgment or delivery note on delivery.

If the product received does not correspond to the one redeemed or has any defect or substantial damages, the user shall inform Loacker USA within a maximum period of 24 hours from receipt of the item by sending an email to marketing@loackerusa.com. The product received by mistake, which was defective or submit damage or be replaced by a new, all at no cost to the user.

Costs arising from miscommunication incidence in forms, shall be borne by the user.

In the event that the item cannot be replaced by another identical, the user may choose between an item of equivalent value or a full refund of the points used to redeem the original reward.

8. Prices and expenses

The price and conditions of purchase of articles to be published will be at all times in the catalog, except in case of typographical error or manifest.

Loacker USA reserves the right to change at any time and without notice, the products offered in the catalog and selling prices, shipping and other conditions or promotions.

9. Purely informative character descriptions and pictures of the items

In accordance with Article 116 of Royal Decree 1/2007, users that view photographs of the products offered are for illustrative and guidance, and may differ from the original reported.

Descriptions and pictures of the items offered in the catalog are those provided by the providers and not contractual but merely informative, so Loacker USA assumes no responsibility for errors in them.

10. Product Warranty

All products offered in the catalog have the guarantees required by current regulations in the field of consumers and users, particularly the Royal Decree 1/2007 of November 16, approving the revised text of the General Act is approved for Consumers and Users and other complementary laws.

 

The contractual warranty is offered which specifies its manufacturer in accordance with the provisions of the aforementioned Royal Decree 1/2007. Similarly, the duration of this contractual warranty shall be determined in the documentation accompanying the product purchased.

To use the guarantee, it is essential that the user retain the guarantee document supplied by the manufacturer and the invoice or proof of purchase that Loacker USA sends. 

11. Right of withdrawal

The right of withdrawal of a contract is the power of the consumer and user of nullifying the contract and shall inform the other party in the deadline for the exercise of this right, without having to justify its decision and without penalty of any kind.

You have a period of seven working days from receipt of order to exercise the right of withdrawal. To this end, it is counted as starting date of such term contained in the delivery note.

In accordance with Article 102 of Royal Decree 1/2007, the following shall not be applied in the following contracts:

a. Contracts for supply of goods whose price is subject to fluctuations in the financial market that the employer cannot control.

b. Supply contracts made products according to customer specifications and user or clearly personalized or which by their nature, cannot be returned or are liable to deteriorate or expire rapidly.

c. Contracts for the supply of audio or video recordings, discs and software which were unsealed by the consumer and user and computer files, provided electronically, that can be downloaded or reproduced with immediate effect for permanent use.

d. Contracts for the supply of newspapers, periodicals and magazines.

e. Contracts for the provision of services if performance has begun, with the consumer and user agreement before the end of the period of seven working days.

F. Service contracts of betting and lotteries.

The exercise of the right of withdrawal will not involve any cost to the consumer and user. However, in accordance with Article 101 of the Royal Decree 1/2007 of November 16, approving the revised text of the General Law for Consumers and Users and other complementary laws, will be the buyer to assume the costs of returning the item purchased.

The user may exercise the right of withdrawal by sending an email to marketing@loackerusa.com.

 

12. Return of products

For returns follow the conditions set out in paragraph 7.

13. Suggestions and complaints

Loyalty program users can send us your suggestions and complaints by email to marketing@loackerusa.com, by phone 1-(800)-516-1027 or by mail to Loacker USA post address.

14. Treatment of personal data

Loacker USA informs users that the acceptance of these conditions also implies acceptance of the data protection policies on reporting below.

If Notwithstanding this and in compliance with the provisions of Law 15/1999, of December 13, Protection of Personal Data, and Law 34/2002 of July 11, Services Society Information and Electronic Commerce, the user that when making purchases through the loyalty program, states have been informed and gives consent for their personal data are included in our files, previously notified to the United States Protection Agency it reported data, which is responsible Loacker USA and are used for proper maintenance, development, implementation and control of the contractual relationship with the customer, for the management and delivery of the order or purchase you make and the services required and to send e-mail or other equivalent means of electronic communication (sms, mms, fax, etc.) business information on news, offers, promotions, discounts and new products all with respect to our sector.

The user may express their refusal to send the information referred to in the preceding paragraph by sending an email to marketing@loackerusa.com.

The user states that are over 18 years and that the personal data provided are true, accurate and current. YOUR COMPANY NAME assumes no responsibility for the consequences that may arise to provide data that do not meet these requirements.

Files, premises and treatment systems of the company have the necessary security measures technical and organizational measures, as required by Article 9 LOPD and Title VIII RLOPD to ensure the security of personal data and avoid its alteration, loss, or unauthorized access.

We also inform that you can exercise rights of access, rectification, cancellation and opposition expressly recognizes the LOPD by written and signed request to Loacker USA, or by sending an email to marketing@loackerusa.com, accompanying all if photocopy of your ID. If your data modification shall notify in the same direction, declining any responsibility for Loacker USAif not.

 
15. Modification of Terms

The conditions of redemption or purchase of each product may vary at any time without notice, unless there is a temporary promotion for certain products, in which case it will apply during the period of the promotion. In any case, the conditions of redemption or purchase will be published at the time of redemption for each product offered through the loyalty program.

17. Applicable law

The activity carried out through the loyalty program is subject to current Spanish legislation that is applicable, among others, Law 15/1999, of December 13, Protection of Personal Data, Law 34/2002, of July 11, Services Information Society and Electronic Commerce, Civil Code and Royal Decree 1/2007 of 16 November, approving the revised text of the General Law for Consumers and Users and other complementary laws.

18. Jurisdiction

According to the rules resulting from application described in the preceding paragraph, any dispute or conflict arising between loyalty program users and Loacker USA, the parties expressly agree to seek mediation first prior to submitting any case to the United States Courts, with all corresponding to the city of New York, NY except in those cases where the applicable legislation establishes a different territorial jurisdiction.