Terms and conditions

FASHION CLUB TERMS AND CONDITIONS

Latest update 2018-03-14

These terms and conditions (“Terms”) govern our Fashion Club membership scheme (“Fashion Club”) at Hede Fashion Outlet (the “Centre”).

Please read these Terms carefully before joining the Fashion Club. By joining the Fashion Club, you signify your agreement to be bound by these Terms.

The Fashion Club at the Centre is operated and provided to you by Hede Fashion Outlet AB, a private company with limited liability, having its registered office at Kungsparksvägen 80, 434 39 Kungsbacka, Sweden, company registration number 556575-4750. References in these Terms to “we” or “us” are to this entity.
The data controller of the personal data you provide to us as part of the Fashion Club is Via Manco (UK) Limited, a private company with limited liability incorporated in England under company number 08686315, having its registered office at 20 Air Street, London W1B 5AN, UK.

The Privacy Policy available at http://hedefashionoutlet.se/policy provides further information about the data controller of the Fashion Club and how your personal data is collected and used as part of the Fashion Club.

The Fashion Club enables members to receive various benefits from time to time, including the ability to make savings at the Centre by earning loyalty points on particular purchases, and access to special offers, promotions and discounts at the Centre (each a “Benefit” and together, “Benefits”). Please see section 1 (Fashion Club Benefits) for more information about the Benefits of the Fashion Club. Benefits may be subject to their own additional terms and conditions. We will direct you to these additional terms and conditions at the time we communicate with you about the relevant Benefits. Please read those additional terms and conditions carefully before accepting the relevant Benefits. By accepting a Benefit, you signify your agreement to be bound by those additional terms and conditions.

These Terms may be amended at any time by us and, if you choose to become a member of the Fashion Club, we will notify you of any changes by email. The current version will also be displayed on www.hedefashionoutlet.se or can be obtained at the information centre located at Hede Fashion Outlet (the “Information Centre”). If you do not agree with any changes that we make to these Terms, please let us know as soon as possible by sending an email to Privacy.Hede@viaoutlets.com. By continuing to use your Fashion Club membership after the changes have come into effect, you are deemed to have accepted the latest version of the Terms.

If we propose a change to the Terms that might have a significant effect on you, we may ask for your consent to the change. 

If you do not give your consent to a change where we have asked for it (or if you contact us to say you do not agree to a change we have notified to you) then we will cancel your membership of the Fashion Club.

If at any time any provision of these Terms is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.

1.    Fashion Club Benefits

1.1.    Overview

The Fashion Club enables members to receive various benefits from time to time, including the ability to make savings at the Centre by earning loyalty points on particular purchases (we call these Benefits “Loyalty Kronor” or “Bonus”), and access to special offers, promotions and discounts at the Centre (we call these Benefits “Offers"). For the avoidance of doubt, Loyalty Kronor do not constitute a payment instrument.

Once you have joined the Fashion Club, we will issue you with a unique code by email. As a member of the Fashion Club you can use this unique code email to participate in the Fashion Club and redeem the Benefits you have earned. Alternatively or in addition to using your unique code email, you can collect a Fashion Club membership card (“Fashion Club Card”) from the Information Centre or you can download and register for our Fashion Club mobile app (“Fashion Club App”). As a member of the Fashion Club you can choose to use either your unique code email, Fashion Club Card or Fashion Club App to participate in the Fashion Club and redeem the Benefits you have earned.

Unique code emails, Fashion Club Cards and the Fashion Club App are limited to one per registered member and are for personal use by the registered member only. Fashion Club Cards (in whatever form) at all times remain our property. 

You must present either your unique code email, Fashion Club Card or Fashion Club App at the checkout of the relevant Participating Retailer’s store to redeem the Benefits that are offered by that Participating Retailer. Please see section 1.3 (Loyalty Kronor) for more information about how to redeem Loyalty Kronor, and section 1.4 (Offers) for more information about how to redeem Offers.

Provided you have consented to receiving marketing emails from us, as a member of the Fashion Club, we will also send you Offers by email. To redeem these Offers, you may also be required to present the email containing details of the Offer at the relevant Participating Retailer’s store. 

1.2.    Participating Retailers
Loyalty Kronor and Offers only apply to brands and retailers at the Centre who choose to participate in the Fashion Club (“Participating Retailers”). 

The Participating Retailers may change from time to time. Additionally, it may be the case from time to time that not all Participating Retailers are participating in the Fashion Club in relation to both the Loyalty Kronor and Offers; some Participating Retailers may only participate in the Loyalty Kronor and some may only participate in the Offers.

A list of the current Participating Retailers for the Loyalty Kronor and the current Participating Retailers for the Offers is available at http://hedefashionoutlet.se/fashionclub/varumarken-och-erbjudanden. We will update this list from time to time so please review this list before visiting the Centre.

1.3.    Loyalty-Kronor

(i)    Earning Loyalty Kronor

For every purchase you make at a Participating Retailer’s store, you are entitled to earn 5% of the value (including VAT) of your purchase in Loyalty Kronor. 
The Loyalty Kronor will be recorded to your Fashion Club membership account.

In order to collect Loyalty Kronor for a purchase you make at a Participating Retailer’s store, you must present either your unique code email, Fashion Club Card or Fashion Club App at the checkout of that Participating Retailer’s store when you make the purchase. If you forget to do this or you believe that the Loyalty Kronor were not properly recorded to your Fashion Club membership account at the time of the transaction, you may have the Loyalty Kronor added manually up to 14 days after the transaction upon production of a valid cash register receipt at the Information Centre, provided the receipt belongs to the claiming member and is based on their personal spend. Loyalty Kronor recorded to your Fashion Club membership account may be removed or cancelled (in whole or in part) if we determine that such points were collected in breach of these Terms or were awarded in error. For the avoidance of doubt, any advice or action of personnel at the Centre that is contrary to these Terms will not have the effect of changing these Terms.

If you do not use your unique code email, Fashion Club Card or Fashion Club App to earn or redeem Loyalty Kronor for a continuous period of 12 months, you will lose the Loyalty Kronor you have earned up to that point.

(ii)    Redeeming Loyalty Kronor

You can redeem Loyalty Kronor on qualifying purchases at Participating Retailers’ stores. The maximum amount of Loyalty Kronor that you can put towards a purchase is 25% of the value of that purchase (including VAT). Loyalty Kronor cannot be converted into money or cashed otherwise.

Exceptionally, redemption may not be possible in combination with special promotions or goods offered with an additional discount to the outlet price. This shall be clearly communicated to you by the Participating Retailer.

In addition, you may be prevented from redeeming Loyalty Kronor if: (i) the Participating Retailer has reason to suspect fraud or misconduct on your part or in the way you are using the Loyalty Kronor; or (ii) we determine that the Loyalty Kronor were collected in breach of these Terms or were awarded in error.

(iii)    Returning goods for which you have earned or redeemed Loyalty Kronor

If you earn Loyalty Kronor when purchasing goods at a Participating Retailer’s store and you later decide to return those goods for any reason, the Loyalty Kronor recorded to your Fashion Club membership account will be deducted.

If you redeem Loyalty Kronor when purchasing goods at a Participating Retailer’s store (i.e. you have partially paid for your goods using your Loyalty Kronor) and you later decide to return those goods for any reason, the Loyalty Kronor used will not be restored to your Fashion Club membership account. If you earn any Loyalty Kronor as part of the same transaction the Loyalty Kronor recorded to your Fashion Club membership account will be deducted as set out above.

When returning goods for which you have earned or redeemed Loyalty Kronor, the returns policy of the Participating Retailer shall also apply to those goods. 

1.4.    Offers

(i)    Receiving Offers
Participating Retailers may provide Offers for members of the Fashion Club from time to time. You can view the current Offers on our website at http://hedefashionoutlet.se/fashionclub/varumarken-och-erbjudanden and in the Fashion Club App.

Provided you have consented to receiving marketing communications from us, as a member of the Fashion Club, we will also send you Offers by email. Offers will be subject to availability and subject to their own additional terms and conditions imposed by the offering Participating Retailer (for example, closing dates and exclusions). We will direct you to these additional terms and conditions at the time we communicate with you about the relevant Offer. Please read those additional terms and conditions carefully before redeeming the Offer. By redeeming an Offer, you signify your agreement to be bound by those additional terms and conditions.

From time to time, it may be necessary to withdraw or amend Offers from the Programme. Where reasonably practicable, we will provide advance notice of such withdrawals and amendments.

(ii)    Redeeming Offers
To redeem an Offer, you must present either your unique code email, Fashion Club Card or Fashion Club App at the checkout of the relevant Participating Retailer’s store. Where you have received an Offer from us by email, you may also be required to present the email containing details of the Offer at the relevant Participating Retailer’s store.

You may be prevented from redeeming an Offer if: (i) the Participating Retailer has reason to suspect fraud or misconduct on your part or in the way you are using the Offer; (ii) the Offer was communicated to you in error due to a technical fault; or (iii) the Offer was made in error.

2.    Membership of the Fashion Club

2.1.    Joining the Fashion Club
To be a member of the Fashion Club, you must be aged 16 years or older and have a valid email address so that we can communicate with you about your membership.
You can apply for membership by completing the application form available at the following locations:

•    the Centre’s website at http://hedefashionoutlet.se/;
•    the Fashion Club mobile app for the Centre, which you can download from the app store of any IOS and Android mobile device. Please note that terms and conditions may be imposed by your service provider or the portal from which you download the mobile app. You should read these carefully before you accept them. These do not form part of your relationship with us. Please also note that whilst the app is available for free, you may incur standard data charges when you download it. Please contact your telecom service provider to find out about data charges that may apply to you.
•    the Information Centre; and
•    Participating Retailers’ stores of the Centre.
Membership of the Fashion Club is free for you and involves no obligation to buy any products or services whatsoever.
Membership of the Fashion Club is entirely at our discretion and accordingly we can refuse an application for any reason. An individual may only have one active Fashion Club membership at any one time. We reserve the right to refuse, merge or close additional memberships at any time. We reserve the right to monitor the number of memberships in any household, and the right to cancel any suspected duplicated memberships.

2.2.    End of your membership, termination or suspension of the Fashion Club
You may choose to leave the Fashion Club at any time by sending an email to us at Privacy.Hede@viaoutlets.com.
As a member, you must keep us informed of any changes to your personal membership details (for example, your email address). You can inform us of changes to your personal membership details by sending an email to us at Privacy.Hede@viaoutlets.comWe will not be responsible for any loss of any Benefits (such as any special offers, promotions or discounts) resulting from your details being out of date or inaccurate.

We may, at any time, in our sole discretion and without reason, terminate or suspend the Fashion Club. We will endeavour to let you know at least two (2) months in advance, however we may not be able to do so if there are technical problems or security issues or we are required by applicable law to terminate or suspend the Fashion Club on shorter or no notice.

We also reserve the right to add to or change the Benefits of the Fashion Club, how you earn Loyalty Kronor and how we evaluate and reward your qualifying purchases and/or other Fashion Club activity. We also reserve the right to place limits on the number of purchases or activities that you can put towards the Benefits of the Fashion Club and/or the number or types of Benefits you may receive or earn in a given time period or for the duration of the Fashion Club, and/or any combination thereof.

We may terminate your membership of the Fashion Club at any time in the event that: (i) we terminate the Fashion Club; (ii) we reasonably believe that you have breached these Terms and/or any additional terms and conditions relating to certain Benefits; or (iii) we reasonably believe that you have behaved in an inappropriate, misleading or abusive manner, or in a way which is fraudulent or illegal.

Where your membership of the Fashion Club is terminated for any reason, from the date of termination you will not be able to: (i) earn any Loyalty Kronor; (ii) redeem any Loyalty Kronor already earned; (iii) redeem any Offers made available to you prior to the cancellation of your membership; or (iv) use any other Benefits of the Fashion Club.

3.    Responsibilities and liability of us and you

The Fashion Club, unique code email, Fashion Club Card, Fashion Club App and Benefits of the Fashion Club are for personal and private use by members only and must not be used for or in connection with any business transaction or purpose.

The unique code email, Fashion Club Card, Fashion Club App and Benefits of the Fashion Club cannot be transferred (unless expressly mentioned in the additional terms and conditions that apply to a particular Benefit), bought, sold or in any way traded and can only be used by the member who is registered for the unique code email, Fashion Club Card and/or Fashion Club App (as applicable) and has earned or received the Benefits.

The safe-keeping of your unique code email, Fashion Club Card and the Fashion Club App (including the mobile device on to which it is downloaded) (as applicable) is your responsibility, as are any security details relating to your Fashion Club membership account. We cannot be held responsible for any loss arising from you failing to ensure the safe-keeping of these items. You must treat such security details as confidential and must not disclose this information to any third party.

If you notify us that you have lost your Fashion Club Card or there has been a breach of security in relation to your unique code email or the Fashion Club App on your mobile device, we may be able to block your membership account or the unique code which was sent to you by email or is associated with your Fashion Club Card or Fashion Club App (as applicable). Our ability to do so depends on how quickly you inform us of the loss of your Fashion Club Card or breach of security in relation to your email or the Fashion Club App on your mobile device. To notify us, please visit our Information Centre or contact our Information Centre at info@hedefashionoutlet.se.

Please note that, in order to unblock or retrieve your membership, you will need to visit our Information Centre, where we may require you to show us photographic proof of identity so that we can confirm your membership.

Many Offers are subject to an expiry date, beyond which they cannot be used or reissued. Offers that are lost or mislaid will not be reissued. Offers are only redeemable at the Centre and Participating Retailer stated.

In addition, many Benefits that are made available to you as a member of the Fashion Club are offered by Participating Retailers. We do not (other than as required by applicable law): (i) take any responsibility for any Benefit offered by a Participating Retailer; and/or (ii) provide any warranties regarding the goods (including without limitation the quality thereof) that you may obtain through a Benefit offered by a Participating Retailer. You shall have no right to make any claim against us or this Fashion Club in the event that a Participating Retailer fails to honour a Benefit offered by that Participating Retailer. Whilst we will try to ensure that the scanners and system to earn and redeem Loyalty Kronor and redeem Offers are available during store opening hours, you understand that there may be circumstances where the scanner and/or system is unavailable and you will not be able to earn or redeem Loyalty Kronor or redeem Offers. 

Our liability, whether based upon (attributable) default, unlawful act or any other ground, is limited to direct damages only and shall not exceed the total, cumulative amount of EUR 500.

Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence or wilful misconduct; (ii) fraudulent representations made by us; or (iii) any other liability that cannot be excluded or limited by applicable law.

4.    Privacy, cookies and use of our website
We are committed to protecting the privacy of members of the Fashion Club and only use your personal data in accordance with applicable data protection law. Please read our Privacy Policy available at http://hedefashionoutlet.se/policy to understand how your personal data is collected and used as part of the Fashion Club. The contract between us requires us to process your personal data only in accordance with this Privacy Policy.

Please also read our Cookie Policy available at http://hedefashionoutlet.se/cookie to understand how we use cookies as part of the Fashion Club and our Website Terms available at http://hedefashionoutlet.se/terms-condition to understand how we operate www.hedefashionoutlet.se and the conditions upon which you are permitted to access and navigate it.

5.    How we contact you and how you can contact us 
We will contact you by email using the contact details you have provided to us from time to time.
If you no longer wish to receive marketing communications from us, leave the Fashion Club or inform us of any changes to your personal membership details, please let us know by sending an email to us at Privacy.Hede@viaoutlets.com.

6.    Governing law and jurisdiction
The Terms are governed by Swedish law, and are subject to the exclusive jurisdiction of the courts of Sweden.