General terms and conditions

LOYALTY CARD – GENERAL TERMS AND CONDITIONS – LOYALTY PROGRAMME

1. General provisions

The General Terms and Conditions below (the “Terms and Conditions“) apply to all persons registered in the BR Club Loyalty Programme (individually referred to as a “Member” and a “Loyalty Programme” and exclusively govern the contractual relationship between the Member and SARL SPA DEVELOPPEMENT, located in Paris – 75017, 10 AVENUE DE LA GRANDE ARMEE, SIREN 493 766 083, (hereinafter “SPA DEVELOPPEMENT”) and all BE RELAX stores participating in the BR Club Loyalty Programme.

SPA DEVELOPPEMENT reserves the right at any time and unilaterally to amend the Terms and Conditions without having to inform each Member individually and without these amendments giving entitlement to allowances for the Member.

All amendments to the Terms and Conditions will be published on the BE RELAX website (www.berelax.com) (the “Website“). The Member undertakes to regularly consult the Terms and Conditions on the Website. The use of the BR Club Loyalty Programme by the Member, after an amendment to the Terms and Conditions has been published on the Website, will constitute acceptance by the Member of the amended Terms and Conditions. A Member rejecting the amendments to the Terms and Conditions must notify the company SPA DEVELOPPEMENT by registered letter. This letter will terminate the Member’s membership in the BR Club Loyalty Programme.

2. MEMBERSHIP

The mere fact of joining the Loyalty Programme entails the full and unreserved acceptance of these Terms and Conditions.

To join the BR Club Loyalty Programme free of charge, the individual Customer, a natural person of legal age, must:

– Directly at the checkout, complete the electronic form available upon purchase at the various BE RELAX stores in different countries (defined in Article 3.1 of these Terms and Conditions). Personalised membership will then be available to the Customer at the end of the registration process. It is active on the day of registration.

Registration will be activated the same day.

No registration for this programme by mail or telephone will be considered.

Membership is strictly personal and non-transferable. The personal data requested, namely the surname, first name and email address, are mandatory.

The Member guarantees the accuracy of all the information indicated on the membership application form.

Membership is open to legal persons and to owners, self-employed persons or temporary or full-time employees in the “BE RELAX” shops of SPA DEVELOPPEMENT.

SPA DEVELOPPEMENT reserves the right to refuse membership to the BR Club Loyalty Programme to a Member without having to justify its decision.

3. Benefits and use of the BR Club Loyalty Programme

3.1 Benefits of the BR Club Loyalty Programme

There are various benefits to joining the BR Club Loyalty Programme, which can include free services depending on the customer’s purchases, exclusive offers on BE RELAX products, and discounts at our partners.

Members will be informed exclusively about our new offers via the website www.berelax.com, mobile app and newsletters.

All the BR Club benefits are valid only in the Be Relax stores located at the following airports: Paris CDG, London LHR, Frankfurt FRA, Rome FCO, Dubai DBX, Baltimore BWI, New York JFK, Boston BOS, Detroit DTW, Washington Dulles IAD, San Diego SAN, Los Angeles LAX and Toronto YYZ. The list of stores is non-exhaustive.

3.2 Using the BR Club Loyalty Programme

The BR Club Loyalty Programme may be used:

  • upon presentation of the ticket with QR when registering at the checkout in the store;
  • or on presentation of the mobile app with the QR code linked to the Member profile;
  • or on site at one of the BE RELAX stores by indicating surname, first name and email address.

This QR code will enable the Member to then go to the various points of sale forming part of the Loyalty Programme referred to in Article 3.1 of these Terms and Conditions, in order to benefit from the loyalty points.

BE RELAX shop purchases made by the Member without mentioning to the personnel their membership of the Loyalty Programme at the time of the purchase shall not grant entitlement to loyalty points and shall not be registered on the Member’s profile.

The calculation and the accumulation of the points are linked by the amount of the transaction carried out by the Customer.

The BR Club programme operates independently of the former card-based loyalty programme. The latter is still accepted in the store provided that it is already initiated by a sticker representing a previous visit to a store. It can always be filled in incrementally during each store visit in order to earn the offers to be awarded for the 5th visit (5% discount) and the 10th visit (Be Up 10 or Express Manicure offered) as stipulated in its operation.

Today, the two programmes can be mutually combined (e.g. a customer who has previously joined the loyalty cards can at any time join the new BR Club programme at the checkout or on the app while continuing to use his old loyalty card; he will continue to accumulate stickers on the loyalty card and he will also be able to accumulate points on his BR Club account automatically at each checkout). On the other hand, visits already accumulated in stickers on the loyalty card before joining the new BR Club programme, will never be transformed into points.

The points award system is calculated based on the amount of purchases made. For more information on how the points award system works, please refer to the mobile website www.berelax.com.

3.3 Viewing Points

The BR Club Loyalty Programme Member may view the points accumulated at any time:

  • by simple request at a checkout in a store,
  • by connecting via the BE RELAX mobile app. It being specified that a waiting period of 24 hours is in principle necessary between the obtaining of points and their registration in the above-mentioned section.

The loyalty points accumulated by the Member have no market value, are not transferable or transferable to a third party.

3.4 Validity of Points

The Customer’s loyalty point balance remains unlimited.

4. Responsibility of the customer

Members who attempt to obtain or have obtained benefits with the BR Club Loyalty Programme by providing false information or in any other abusive or fraudulent manner will be held liable for any damage resulting from it.

The BR Club Loyalty Programme is personal and non-transferable. The Customer is solely responsible for any use that may be made of its identifiers, and sole guarantor of their confidentiality, as well as any use of its BR Club account.

In this respect, the Customer undertakes in particular (non-exhaustive list):

  • to create only one Loyalty Programme account in its surname and first name.
  • To ensure that the data communicated, enabling him to be contacted (surname, first name, email, etc.), is secured and only used by the Member of the Loyalty Programme.
  • To release SPA DEVELOPPEMENT from liability in the event of use by an unauthorised third party of the benefits acquired by the Customer as part of its Loyalty Programme (such as free services, exclusive offers, etc.)

The Customer acknowledges that identity theft is punishable by criminal penalties and may result, at the discretion of SPA DEVELOPPEMENT, in:

  • the deactivation of the BR Club Loyalty Programme
  • the termination or suspension of the Loyalty Programme,
  • criminal and civil proceedings instituted by SPA DEVELOPPEMENT against the Customer.

4.1 Responsability of Spa Developpement

SPA DEVELOPPEMENT undertakes to do everything in its power to guarantee to the Customer an optimal use of the Services linked to its Loyalty Programme.

However, the SPA DEVELOPPEMENT is under no circumstances responsible for any damages of any kind related to the Loyalty Programme, especially in the event of delays in the allocation of customer loyalty points, unavailability of the product, connection problems, anomalies, or force majeure preventing SPA DEVELOPPEMENT from fulfilling its obligations.

The unavailability of the product does not result in a reimbursement of its monetary value.

Registration in the BR Club Loyalty Programme by the Customer implies the knowledge and acceptance of the characteristics and limitations of the technologies inherent to the internet, especially with regard to response times for consulting or interrogating the server hosting the website (allowing him to create and consult his loyalty account), technical performance, risks of interruption, and more generally any risk incurred during the transmission of the data.

Consequently, SPA DEVELOPPEMENT can under no circumstances be held liable, without this list being exhaustive:

  • for any malfunction of the network preventing the proper operation of the Website
  • for loss of any data
  • for the malfunction of any software
  • for the consequences of any computer virus, bug, anomaly or failure.

5. Notifications

The data collected during the membership of the BR Club is intended for the loyalty service of SPA DEVELOPPEMENT for the purpose of managing the commercial relationship.

The Member of the BR Club Loyalty Programme must inform Be Relax of any change of email address by emailing brclub@berelax.com in order to ensure the proper functioning of his account and the accumulated points. Every BR Club account is personal and cannot be transferred or sold to anyone or used for any purpose other than those defined on this site.

Any change of email address or surname (name) must be reported as soon as possible:

  • By simple presentation at the reception of the nearest BE RELAX store,
  • Via the mobile app, in the “My Account” section.

SPA DEVELOPPEMENT reminds that the Customer guarantees the accuracy of all information provided and will be solely responsible for the consequences resulting from incorrect, incomplete or obsolete information.

6. Collecting and protecting personal data

6.1 Data Recipients

SPA DEVELOPPEMENT is committed to protecting the privacy of Members. The use of personal data collected by SPA DEVELOPPEMENT within the framework of the BR Club Loyalty Programme is made exclusively in accordance with Directive 95/46/EC on personal data protection with the law of 8 December 1992 on the protection of life

The data collected is sent to SPA DEVELOPPEMENT, in its capacity as processing manager. This information is also intended for its subsidiaries and its trading partners.

SPA DEVELOPPEMENT may transfer the personal data of its Customers to its partners and subcontractors in charge of administering certain parts of the Loyalty Programme. These subcontractors are companies located within and outside the European Union.

The Customer is also informed that SPA DEVELOPPEMENT may be subject to the communication of such data when this is imposed by the competent authorities and in particular following a request of the judicial authority.

6.2 Purpose of processing

The personal data collected as part of this Loyalty Programme is processed in accordance with the legal framework in force. This computer processing allows the Customer’s account to be managed and benefits and services associated with the Loyalty Programme to be provided.

The personal data collected will also be used by SPA DEVELOPPEMENT and intended for its subsidiaries and commercial partners, within the context of studies and marketing and statistical initiatives, in order to offer the Customer the most suitable offers according to his preferences, to ensure the quality of the products and services offered is monitored.

7. Indemnity and Competence

If SPA DEVELOPPEMENT waives any right arising under these Terms and Conditions, such waiver shall not be construed as a waiver of any other right of these Terms and Conditions.

Should any of the provisions of the Terms and Conditions be declared null and void, such nullity shall not affect the validity of the other Terms and Conditions and the Terms and Conditions shall continue to be effective without such provision, provided, however, that a valid provision, the economy of which would correspond as closely as possible to the effect of the null or ineffective provision, shall replace it.

8. Applicable law

The Terms and Conditions are subject exclusively to French law. In the event of a dispute, the Tribunal de Grande Instance of Paris (Paris High Court) shall have exclusive jurisdiction.