"Samdam Loyalty" Loyalty Program Regulations

Samdam Loyalty is a loyalty program dedicated to individuals and legal entities ("Participant") who purchases Samdam products, which will be carried out exclusively according to this regulation ("Regulations").
After registering online, each time the participant purchases Samdam products participating in the loyalty program, he/she accumulates points that he/she can subsequently use when purchasing Samdam products (the "Products").

1.    Duration and Area of the Loyalty Program

The loyalty program will be organized and will run for an indefinite period. To the extent that the organizer decides to terminate the loyalty program, he will notify, through the online platform, the participants 30 days before this cease to operate.

2.    Brands and Products

The brands and products participating in the loyalty program are presented on Samdam Loyalty. The list of participating products, as well as the corresponding score, will be updated permanently on the site.

3.    Right of participation

Any natural/legal person, at least 18 years old, on the date of registration on the site, who purchases Samdam products, from the Romanian territory and who is part of the loyalty program, can participate in this loyalty program.
Participation in the loyalty program is free. No claims can be made regarding the acceptance as a participant if he is not eligible and does not comply with the Regulations of the loyalty program. Additional conditions for participation in the loyalty program, applicable to all participants:
3.1. The participant registered in the present loyalty program and his account was activated.
3.2. The participant will activate their account by accessing the activation link included in the e-mail sent to the e-mail address specified at the time of registration.
In case of a modification of the contact details, the participant is obliged to update them online as soon as possible. If it does not fulfil this obligation to update the contact details online, the participant will bear the additional costs, delays, risk of diminishing or losing the product, as well as any other damages and associated expenses.

4.    Program implementation mode

4.1. Creation of the Participant Account

The participant creates a personalized online account.
Participation in the loyalty program is valid when:
        1. The participant registered in the loyalty program on the website: Samdam Loyalty through:
a. Complete the registration form: name, first name, company name, function, e-mail address, telephone number, date of birth (* optional), delivery address, country, city, postal code
b. Filling in the delivery address of the Product;
c. The agreement regarding the processing of personal data during the program; and
the agreement regarding the acceptance of commercial information through the telephone number and the e-mail address provided within the program;
         2. Agreement on compliance with the Regulation and Data Protection.
a. After entering his / her details, the participant will receive a confirmation link on the e-mail address specified by it. After accessing the link, the account is activated on the portal and points can be accumulated. The transfer and transfer of a participant account are strictly forbidden. Each participant can enrol in the loyalty program with only one participant account.
b. The participant will ensure the confidentiality of the password for participating in the loyalty program.
In case he suspects that another person has found the password or that it was misused, the participant must immediately change his password and inform the organizer, through the contact details of the site, regarding the suspected abuse. In case of damages arising as a result of not knowing or delaying information about this aspect, the organizer is exempted from liability.

4.2.    Granting and Value of Points

To purchase each product, the participant will receive points according to the points grid published on the organizer's website in the section of my account. To gain possession of the points, the participant must access the Samdam Loyalty website.
The products and points for each product are available online at Samdam Loyalty. The points accumulated by the participants will be updated in the account of each participant within a maximum of 30 (thirty) working days.
The orders placed on www.samdam.ro are rewarded as follows: every 50 euros  is offered 125 points in the loyalty program.
The points are not transferable between the participants and cannot be converted into money or other goods than those from the online store with products from the Samdam Loyalty website.
The organizer reserves the right to change the products and the number of points related to the purchases of these products (points grid) and will announce this through the website, at least 7 working days before making the changes.
The participant can view the current situation of the points by accessing the personal online account. In the case of an incorrect calculation of the participant's purchases, the participant must make a written complaint and send it to info@samdam.ro within a maximum of 30 (thirty) days from the date of the incorrect calculation of the organizer. The organizer reserves the right to refuse to change the number of points in case the complaint is not sent within the term specified above - even if the participant is not guilty of incorrect calculation.
The organizer reserves the right to cancel the decision to credit points in the participant's account or to deduct points from the individual accounts on the website in the following cases:
1. If the points were calculated incorrectly (for whatever reason) and the possible system error was not corrected:
2. If the participant returns the product (for whatever reason);
3. If, at the time of purchase of the product, the participant violates, according to the regulation, the legal provisions in force or it is discovered that he provided inaccurate information in the loyalty program.
4. Points can be deducted from the participant's account at any time during the course loyalty program. If the number of points in the participant's account is smaller than the number of points to be deducted, the organizer has the right to cancel the orders placed by the participant to receive the products and to exclude the participant from the loyalty program.
5. The organizer reserves the right to request from the participants the documents attesting the correctness the number of points due to the participant in the loyalty program (e.g. tax invoices, fiscal invoice, payment documents).

4.3. Expiration of Points

1. The points credited to the participant's account are valid maximum 12 months from the last date on which the participant has been provided the points on his account.
2. According to the regulation, all points lose their validity at the end of the program loyalty (regardless of the date they were obtained).

5.    Products

The participant can transform the accumulated points into products consisting of objects that are part of the current offer on the Samdam Loyalty website. The valorization of the accumulated points is possible as soon as these points have been accumulated for the desired product. No claims can be made regarding a particular product, as the products are granted within the limit of the available stock.
The organizer has the right to correct the obvious mispricing of the products. It is not possible to pay the value of the points accumulated.
In case there are any doubts regarding the correctness of the participant information, recorded on the website or on the correctness of the number of points calculated within the loyalty program, the organizer may postpone the delivery of the products until the moment of solving these doubts or cancel the delivery if it finds irregularities of any kind.
The organizer reserves the right to modify the product range available in the loyalty program and the number of points necessary to obtain them by updating this regulation and consequently the online product store.
At the end of the product ordering process, the points already transformed into products can no longer be changed back into points or other products than the chosen ones.
After a successful order, the participant receives an automatic confirmation email. If the products are not available, you will contact the participant in this regard. In this case, another product with an identical value will be offered. If the participant does not want the alternative product, the order is cancelled and the points will be returned to the participant's account on the website within a maximum of 3 (three) working days from the date when the participant confirmed the alternative product's refusal.
The products will be delivered by courier to the address used by the participant when registering on the website. Delivery will be made within a maximum of 30 (thirty) business days from placing the order.
In case the product cannot be delivered due to the participant (despite two attempts of delivery), the organizer will keep the product for 30 (thirty) days, within which the participant can request in writing to the organizer the personal lift of the product. In this case, the participant can only request the lifting of the product and not the recovery of the points related to the product.
No claims can be made regarding the change or replacement of the product, addressed to the organizer.
The participant has the obligation to verify the integrity of the product at its reception. If the participant finds that the product is not in accordance with the order, is incomplete or damaged, the participant must refuse the reception and mention in writing to the carrier the reason for the refusal. The participant can contact the organizer by emailing info@samdam.ro or by phone_0725522116, from Monday to Friday between 9 am and 5 pm. The participant may choose to have the points redeemed by him credited back to his account or to replace the product with an identical one. The organizer is exempted from any liability or disunity related to any irregularities or complaints regarding the failure to honor the products. The product warranty is a specific one for each product and is delivered with it.
In case a product presents defects, it will be proceeded in accordance with the procedure of granting the guarantee stipulated in the guarantee certificate in this case belonging to the seller of the product in question, the organizer being exempted from any liability, but only in the situation in which the product presents a manufacturing defect.
To the extent that the imperative rules from which it cannot be derogated allow this SamdamGifts SRL cannot be held responsible for: (i) any kind of repair or (ii) any damage arising from or in connection with this loyalty program, whether these damages are to be covered under the guarantee, the contract, the criminal liability, the constitutive act or any other principle of law and even if any Samdam company was notified (or should have been informed) of the possibility of this injury occurring.
The products obtained under the loyalty program are considered as realized income and are subject to taxation, in accordance with the legislation in force. The regime of taxes and taxes on the products is the one applicable under the law on the date of granting.
The subcontractor undertakes to calculate and transfer, if applicable, the tax due for the income by the participants, in accordance with the regulations of the Fiscal Code in force, any other obligations of a fiscal or other nature in relation to these revenues being the exclusive responsibility of the participants.

6.    Cancellation of membership

Participation in the loyalty program can be canceled at any time by the organizer. The cancellation of the participation in the loyalty program by the organizer will be announced on the website of the loyalty program, depending on the results of the loyalty program. The right of capitalization of the points accumulated until the moment of cancellation of the participation is not affected by this provision.
The termination of the loyalty program takes place on the date specified in the notice given by the organizer, but not earlier than 1 (one) month from the date of publication of the notice. After the publication of the notice, registration in the loyalty program is no longer possible.
On the day of termination of the loyalty program (as specified in the notice) all unused points will lose their validity, they will no longer be able to be transformed into products and will not give the participant the right to request the replacement of the products.

7.    Leaving or Excluding from the Loyalty Program

The participant has the right to leave the loyalty program at any time. The participant can be excluded from the loyalty program by the organizer in the following situations:
a. In case the participant's account on the website has not been activated within 3 (three) months from the registration.
b. In case the participant's account on the website is not credited with any point within 6 (six) months from its registration.
c. If the participant's data recorded on the website proves to be incorrect.
d. If it is proved that the participant has no right to participate in the loyalty program.
e. In case the participant in the loyalty program violates this Regulation or the legislation in force.
f. In case the participant violates the provisions of this Regulation by graduating the system for awarding points and products
Exclusion from the loyalty program entails the following sanctions: all points accumulated in the account are lost and all product orders are canceled.
Repression in the program is possible only in the situations described in points a and b above mentioned in this chapter. The repression in the program does not give the right to regain the points previously accumulated or the orders placed before the re-registration unless the cancellation of the quality of participant in the loyalty program is the result of an error from the organizer.
At any time during the loyalty program, the representatives of the organizer have the right to check if the participant has purchased the respective products, by carrying out personal checks at the supplier that appears on the tax invoice. If the verification has a negative result (e.g. it is proved that the product was not purchased, returned or not paid), the organizer has the right to exclude the participant from the loyalty program.

8.    Limits of Organizer Liability

Given the rewarding character of loyalty within the Samdam program, a more comprehensive liability than the provisions of this chapter, concerning compensation, is excluded, irrespective of the legal nature of the claim made.
The liability of those who organize the loyalty program is limited under the conditions of the Romanian law. Thus, those who organize the loyalty program do not assume responsibility, in the following situations:
a. The registration or order forms received after the completion date of the loyalty program;
b. Losses or delays of the inscriptions on the site (for example, but not limited to) technical faults independent of the organizer's will;
c. Despite the use of the latest technologies, it is possible that online data transmission cannot be accurately and/or performed every time. Therefore, the organizer does not assume responsibility regarding the permanent and uninterrupted access to the website Samdam Loyalty, the technical and electronic errors that were not influenced by the organizer or his representatives. Also, the organizer is not responsible for the delayed processing or acceptance of offers/shares, situations caused by problems arising when transmitting data;
d. Send the registration forms to another address than the one communicated by the organizer and not because they can be lost on the road due to courier or postal services;
e. The situations in which the participants enter incorrect data on the web page, in this case, the participants answering for the correctness and conformity of the data communicated;
f. Losses, delays or any other problems when registering in the loyalty program, caused by the Internet provider or Internet connection of the person who wants to enroll in the loyalty program;
g. Unannounced interruptions/malfunctions of the Internet provider or blocking of internal access due to the agglomeration of networks during periods of heavy traffic;
h. The situations in which the participants purchase Samdam products not participating in the loyalty program during the program period;
i. Situations in which the product chosen by a participant is no longer on the supplier's stock at the time of order.
The participants will not be able to choose to receive the value of the products in money or other objects and will not be able to request the modification of the technical characteristics of the products.

9.    Modifying the Conditions for Participation and Placement of Orders

The organizer reserves the right, respecting a term of 7 (seven) working days or, in case of a well-founded reason, to modify the system, but only after the respect of the interests of the participants is ensured, by an additional amending act of this Regulation and will be announced through the loyalty program website. The organizer reserves the right to amend and/or supplement this regulation by an additional act. The modifications and/or completions will be notified to the participants through the program site, respecting a term of 7 (seven) working days. Modification and/or a supplement will be considered as accepted by the participant if he does not withdraw within one month from the posting on the site of the new version.