V-Club Terms and Conditions

V-CLUB Loyalty Program

Terms and Conditions

Last Updated: December 18, 2023

Venchi US Inc., with registered offices in 1221 Brickell Avenue, Suite 1160 Miami, FL 33131, (hereinafter, “Venchi” or the “Promoter”), is organizing this program named “V-CLUB Loyalty Program” (hereinafter also the “Program”), under these full Terms and Conditions (hereinafter the “Terms and Conditions”).

1: PROGRAM DESCRIPTION

The Program provides the Participants (as defined below) with access to benefits, special offers and dedicated promotions.

2:  WEBSITE & PARTICIPATING STORES

The Program is valid for all purchases made in the United States of America from https://us.venchi.com/ (the “Website”) and/or any participating Venchi stores, located in the USA (the list of participating stores can be found at https://us.venchi.com/loyalty-stores) (hereinafter “Participating Venchi Store” or “Store”). The list of participating stores is subject to change during the Program Period (as defined below). Amounts spent on purchases at stores that have not joined the Program are not considered valid for the purposes of the Program. Likewise, for any stores that stop participating in the Program (as set out from time to time on the list at the link above), any amounts spent at those Stores after the date such store are no longer participating will not be considered valid for the purposes of the Program.

3: ELIGIBILITY          

The Program is open to legal residents of the 50 United States and the District of Columbia aged 18 years old or over at the time of participation who make purchases as consumers (for reasons not associated with any business, commercial, artisanal or professional activity performed) and who register for the Program during the Program Period (hereinafter the “Participants”), as described in section 5 below.

Those who have a collaboration and/or employment relationship with the Promoter, and their family members, are also entitled to enter the Program, provided they participate as “end consumers”, that is to say in relation to purchases they have made for personal reasons in their capacity as consumers.

Registration in the Program must be made solely by the Participant: the benefits deriving from Registration are for personal use only and shall not be transferred to third parties.

Anyone registering in the Program confirms that they meet such eligibility requirements.

4: PROGRAM PERIOD

The Program begins at 12:00 a.m. Eastern Time ("ET") on October 4, 2023 and ends at 11:59 p.m. ET on January 31, 2025 (the "Program Period").

5: HOW TO PARTICIPATE

To participate in the Program, the Participant must:

• visit the Website and follow the instructions to register in the Program and complete the Program registration form with the required information. Registration on the Website automatically entails registration in the Program;

or

• visit a Participating Venchi Store and register directly instore. The full list of the Participating Venchi Stores is available at https://us.venchi.com/loyalty-stores and may be updated from time to time. Please note that enrolling in this way only enrolls the Participant in the Program, without enrolling the Participant on the Website.

In both cases, the Participant will receive a welcome email which will include the Program loyalty card number associated with the email address used to register. In order to complete their registration (online or instore), Participants will be required to confirm that they have read the Venchi privacy policy, available on the Website, and that they accept these Terms and Conditions: both documents will be made available to be viewed before the registration process is completed. Where applicable, Participants may also express their consent (or lack of consent) for having their data processed for further purposes.

The Promoter reserves the right, at any time, to verify the validity of registrations and that they meet all the requirements set out in these Terms and Conditions, including the requirements in section 3: Eligibility.

Once the registration has been successfully completed and confirmed, the Participant may take advantage of the special benefits set out herein (hereinafter the “Benefits”).

During the Program Period, Participants may also have the opportunity to take part in additional promotions organized by the Promoter: in such case, the applicable Terms and Conditions for such additional promotions will be made available on the Website.

By participating in this Program, Participants agree to abide by and be bound by these Terms and Conditions.

Participants may request withdrawal from the Program at any time by writing an e-mail to venchi-usa@venchi.com with "V-CLUB Loyalty" as the email subject and asking to be removed from the Program; removal will entail automatic exclusion, with immediate effect, from this Program and from any associated promotions, with no possibility to further access the Participant’s personal account or take advantage of any benefits still available in the Program. Please note that for Participants who registered online at the same time for the Website and for the Program, requesting cancellation from the Program in the manner indicated above, will only excluded the Participant from the Program and not from the Website. In order to also unsubscribe from the Website, the Participants will need to cancel their subscription account.

In any event, a Recipient who has been removed from the Program (following their request, as above), may re-enroll in the Program at any time during the Program Period by registering again and obtaining a new loyalty card: in this case, and upon confirmation of registration to the Program, the Participant will re-start accumulating Points (as defined below) from zero and will be entitled to take advantage of any Benefits still available as of the new date of participation in the Program, as a new Participant.  Any Benefits and/or Points earned before the date of withdrawal may not in any manner be viewed and/or recovered.

Any termination of the relationship with the Promoter and/or intervening failure (or confirmation by the Promoter of the failure) to meet the participation requirements set out in these Terms and Conditions, will result in the Participant being automatically and immediately disqualified and excluded from any further initiatives related to this Program, with no possibility to access the personal account dedicated to the Program further or take advantage of any Benefits still available.

The Participant is responsible for ensuring that the email address provided during registration is valid and functioning for the entire duration of the Program. It will not be possible to modify the email address associated with the registration.

6: LOYALTY LEVELS & HOW TO EARN POINTS

LOYALTY LEVELS

The Program includes several levels (hereinafter the “Levels”), with corresponding Benefits, based on the degree of loyalty of the Participant as set out below.

The Program provides four different Levels:

• V-Green - When registering in the Program, each Participant will automatically acquire the V-Green level.
• V-Pink - When at least 400 Points (as defined below) are earned within consecutive 12 months*, the Participant will automatically upgrade to the V-Pink level and will be entitled to all Benefits associated with that level (as detailed in section 7 below).
• V-Red - Once 3,000 Points are earned within 12 consecutive months*, the Participant will automatically upgrade to the V-Red level and will be entitled to all Benefits associated to that level (as detailed in section 7 below).
• V-Gold - Lastly, once 10,000 Points are earned within 12 consecutive months*, the Participant will automatically upgrade to the V-Gold level and will be entitled to all Benefits associated to that level (as detailed in section 7 below).

Each level comes with dedicated Benefits that may vary by type, conditions, terms of validity, and terms of use.

Below is a summary of what is described above:

• V-Green Level: 0-399 Points
• V-Pink Level: 400-2,999 Points
• V-Red Level: 3,000-9,999 Points
• V-Gold Level: 10,000 Points or more

* The Points earned, starting from the date of registration in the Program, are valid for 12 (twelve) months as of the date of the corresponding purchase. At the end of each 12-month period, the Points corresponding to each purchase made more than 12 months previously will expire, while the Points for any purchases made subsequently will be retained. Levels are also valid for 12 (twelve) months as of the date of the corresponding Level promotion. The Level will be calculated on the expiration date of the current Level. Level will be based on points earned during the 12 (twelve) months before the expiration date of the current Level.

For example: A Participant makes a purchase on June 25, 2024 (earning 450 Points) and another purchase on September 29, 2024 (earning 2,600 Points). At this point, the participant is in Level V-Red starting September 29, 2024. The Participant will remain Level V-Red until September 29, 2025, while 450 points will expire on June 26, 2025. On September 30, 2025, when the Level expires, the new Level will be calculated based on the previous 12 months’ purchases. Hence, if the Participant did not make any purchase in the 12 months prior to Level expiration, the Level will be downgraded to V-Green.

HOW TO EARN POINTS

Participants earn 10 “Points” per $1 net spent in a qualifying purchase transaction in Stores or on the Website. Points will be earned for net sales only, not including taxes, gratuity, service fees or any discounts applied, and excluding decimals. Purchase transactions involving account adjustment transactions/returns, declined credit or debit transactions are not eligible for Points.

Points will not be earned on gift card purchases. However, Points can be earned for any payments made using gift cards, in accordance with these Terms and Conditions.

In addition, no Points will be earned on any shipping expenses relating to the purchase made.

When making a purchase in a Store, Points are immediately earned and associated with the Participant’s loyalty card number (without prejudice to technical updates). For online purchases, Points will be earned and associated with the Participant’s loyalty card number when the order is fulfilled. All Points earned across all purchasing channels will be combined into a single Points balance.

For Points to be accrued, Participants must show their loyalty card during check-out at Stores or log in to their account when purchasing products on the Website. If Participants do not log into the Website or show their loyalty card at Stores when they make a purchase, they will not earn Points and they will not be entitled to claim such Points later.

7: BENEFITS

Every Participant, based on their level of loyalty, will be entitled to the Benefits established for their Level, during the Program Period and according to what is set out below.

It is the responsibility of the Participants to check the conditions, the terms of use and the terms of validity applicable to any Benefits.

Benefits cannot be replaced, are not convertible into cash and may not be transferred or sold in any manner whatsoever. The Points earned apply only to purchases made by the Participant, and the Benefits may be collected only by the Participant, exclusively using the email address used to register in the Program and/or the associated loyalty card. In any case, it will not be possible to transfer Points or Benefits between accounts, even if they are held by the same Participant. Note, Participants are not allowed to hold more than one account in the Program at a time.

% DISCOUNT BENEFITS

All Participants will be entitled to a percentage discount on all their Venchi product purchases (without prejudice to what is set out below) and on purchases of exclusive sales offers during the Program Period.

The percentage of the discount will be different depending on each Participant’s Level:

• V-Pink Level: 5% discount
• V- Red Level: 10% discount
• V-Gold Level: 15% discount

To receive the discount associated with their Level, Participants must show their loyalty card at checkout (for Store purchases made instore) and/or log-in with their credentials for purchases made on the e-commerce Website.

The applicable discount will be automatically applied at checkout.  The discount is not valid for gift card purchases and will not be applied on shipping expenses (in case of online purchases). The discount cannot be used in combination with other promotions, unless expressly indicated.

V-GOLD LEVEL FREE SHIPPING BENEFITS

In addition, Participants belonging to the V-Gold Level will receive free ground shipping for all purchases made on the Website over $40, before taxes and net of any applicable discount or promotion, during the Program Period. Free ground shipping will be offered for any qualifying purchase transaction over $40 made on the Website during the Program Period.

SPECIAL OCCASION BENEFITS

Participants may also be rewarded with additional one-off Benefits during the Program Period, irrespective of their Level, including on special occasions and/or dates (e.g., customer birthday, Christmas, Easter, etc.) at the exclusive discretion of the Promoter.

BIRTHDAY BENEFITS:

In celebration of their birthdays, all Participants – according to their Level/Tier - will be entitled to receive:

• A “Birthday Discount” of variable amount which may be redeemed on a single purchase transaction on https://us.venchi.com or in store. Only one discount can be redeemed per person/Participant. The discount cannot be combined with other promotions and discounts, unless explicitly stated.

The Birthday Discount will be delivered to qualifying participants via e-mail at the beginning of the month of the Participants’ birthday and will be valid until the end of the same month. For example: a Participant having their birthday on October 25th will receive the e-mail at the beginning of October and both the Discount and the Coupon will be redeemable until October 31st of the same year.

Please note that only Participants who have duly registered a valid date of birth are eligible for the birthday benefits set out above: such information must be provided/registered before the end of the calendar month preceding a Participants’ birthday. Failure to do so will result in the Participant being excluded from receiving these birthday benefits

8: GIFTS AND PROMOTIONAL ACTIVITIES IN SUPPORT OF THE PROGRAM

In addition to the Benefits and rewards laid out in the paragraphs above, the Promoter may also offer Participants additional gifts and/or organize further activities and promotions such as, for example, dedicated offers and promotions, unexpected delights, sweepstakes and contests, etc.

Eligible consumers will be duly informed of any additional opportunity through any communication/advertising channels deemed appropriated by the Promoter. Separate terms may apply.

9: ADVERTISING

The Program will be advertised via email, through social media, at participating Venchi US Stores and on the Website and other means that the Promoter shall deem useful to spread knowledge of the Program. The advertising messages will be consistent with these Terms and Conditions.

10: PRIVACY

Personal information voluntarily provided by participants will be used solely for the following purposes:

• Allowing participation in the Program.
• Sending communications related to the Program.
• Allowing participants to enjoy any potential benefits related to the Program.

To enroll in the Program, users will be asked to provide their email address, phone number, and, only for online registration, their identification data (name and surname). Providing this data is optional but necessary to participate in the Program. Failure to provide this data will result in the inability to complete the Program enrollment and, consequently, participate in it.

Additionally, it will be optional, for Program participation purposes, to provide further personal data such as date of birth, home, or residence postal code. If provided, this data may be used at the Venchi's discretion to reward the participant with additional benefits regardless of their membership level, even on special occasions (e.g., Customer's birthday, Christmas, Easter, etc.) or to participate in nearby events.

Upon ending their participation in the Program, the participant will no longer receive any further communications related to it.

By joining, participants can also decide whether or not to consent to the processing of their data for additional purposes, such as marketing and/or profiling for marketing purposes. These consents are optional, and the participant can still enroll in the Program even without providing them and can, at any time, revoke any previously given consent. In the event of not providing such consents or revoking them, the participant will only continue to receive emails related to the Program and the accumulated benefits concerning Program membership.

The full privacy policy is available at the link: https://us.venchi.com/privacy-policy.

11: ADDITIONAL TERMS

Registration instructions are deemed to form part of these Terms and Conditions and by participating, all Participants will be deemed to have accepted and be bound by these Terms and Conditions.

During the Program Period, the Promoter, without prejudice to the rights acquired by Participants, reserves the right, at its sole and absolute discretion, to modify, suspend, replace, and/or terminate, for any reason: 1) the Program, 2) these Terms and Conditions, 3) the criteria and requirements for the assignment of Levels and for accessing the Benefits, and 4) the Benefits, special offers and promotions offered in this Program. Participants will be provided with due notice of such modifications by means of publication on the Website and/or via email and, in addition, with any other method of communication deemed appropriate by the Promoter, prior to the effective date of such modifications, which will be made to the Terms and Conditions. Any changes will be effective as of the date indicated in the related communications. By continuing to use the Program after such modifications have been announced and become effective, the Participant agrees to accept the new modified Terms and Conditions by default. A current version of these Terms and Conditions will be available at any time on the Website at https://us.venchi.com/vclub-terms-and-conditions. The current list of the available Benefits and promotions will also be available on the Website.

It is responsibility of the Participant to provide correct, valid and up-to-date details when registering, entering and participating in the Program, otherwise participation may not be guaranteed, and the Benefits will not be provided.

Each Participant may have only one active registration within the Program Period. A single user account registered for the Program may be associated with only one Participant and only one email address.

In case of dispute regarding the identity of a Participant, the account holder of the e-mail address submitted at time of registration will be considered the Participant.

Multiple, false, fictitious, or third-party registrations will not be accepted: the Promoter reserves the right to disqualify any Participant who breaches these Terms and Conditions or the Program. Points obtained in a fraudulent manner or in violation of these Terms and Conditions will be cancelled.

The Participant’s Point balance will be recalculated and reduced in case the Participant returns one or more products. 

The Promoter will not be held liable to any individual for any event beyond its control including, but not limited to technical malfunctions, any problems associated with internet or communication networks, user error and any network, computer, hardware, or software failures of any kind which may restrict, delay, or prevent a Participant’s entry or participation in this Program.

The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any Participant for tampering with the registration or entry process, for submitting an entry or taking any action which is not in accordance with these Terms and Conditions, if the Participant is engaged in any unlawful or other improper misconduct, or for taking any action which jeopardizes the fair and proper conduct of the Program. 

Benefits may be provided by third parties. The Promoter shall not be liable for any complaints or disputes related to the use of the Benefit that may arise between Participant and the third-party supplier of the Benefit.

Participants’ total Point balance will be available on each purchase receipt (in case of Store purchases) as well as on each order confirmation (in case of purchases made on the Website). Participants may also check their total Point balance at any time either by logging in on the Website or by entering their loyalty card number in the section dedicated to the V-CLUB Loyalty Program on the Website.

Participants requiring assistance to register in the Program and/or the Benefits may contact Venchi Customer Service using the “contact us” form available on the Website or by sending an email to venchi-usa@venchi.com with "V-CLUB Loyalty" as the email subject.  In any request sent, Participants must indicate their name, the point of sale where the purchase was made, the email address associated with the Program, the loyalty card number, the date of the activity referred to, and the problem(s) encountered.

This Program is subject to all applicable laws and regulations.

12: DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

The Participant agrees that use of, and participation in, the Program is at his/her sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VENCHI OR ITS SUPPLIERS OR VENDORS OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, LICENSORS OR PARTNERS (COLLECTIVELY, "VENCHI PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION OR OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE PROGRAM, OR WITH INABILITY TO PROVIDE OR USE ANY BENEFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Program and all services and Benefits offered therein are provided on a strictly "as is" and "as available" basis. VENCHI MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED THROUGH THE PROGRAM. VENCHI MAKES NO WARRANTY THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES VENCHI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM.

13: INDEMNIFICATION

The Participant hereby agrees to indemnify, defend, and hold the Venchi Parties harmless from any liability, loss, claim and expense (including reasonable attorneys' fees) related to or arising out of his/her violation of these Terms and Conditions.

14: GOVERNING LAW

These Terms and Conditions, all transactions related to the Program and all related matters, regardless of Participant’s location, are governed and construed solely in accordance with the laws of New York, excluding any rules of private international law or conflict of laws that would lead to application of other laws. Venchi’s failure to insist upon strict performance of any of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any part of these Terms and Conditions is ruled to be unenforceable, such part shall be severed, with the remainder of the Terms and Conditions remaining in full force and effect.

15: DISPUTE RESOLUTION

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN PARTICIPANT AND VENCHI (OR ITS SUPPLIERS OR VENDORS), WHETHER THE DISPUTE IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED IN FINAL, BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN COURT BY A JUDGE OR A JURY. PARTICIPANT AGREES THAT VENCHI AND PARTICIPANT EACH WAIVE THE RIGHT TO TRIAL BY A JURY AND THAT THE FEDERAL ARBITRATION ACT ("FAA") AND FEDERAL ARBITRATION LAW, NOT STATE LAW, GOVERNS THE ENFORCEABILITY OF THIS DISPUTE RESOLUTION PROVISION. PARTICIPANT ALSO AGREES THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND PARTICIPANT AGREES TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION.

FOR ANY AND ALL DISPUTES OR CLAIMS PARTICIPANT HAS, PARTICIPANT MUST FIRST GIVE VENCHI AN OPPORTUNITY TO RESOLVE PARTICIPANT’S CLAIM BY SENDING A WRITTEN DESCRIPTION OF PARTICIPANT’S CLAIM TO A VENCHI AT venchi-usa@venchi.com.

Participant and Venchi each agree to negotiate Participant’s claim in good faith. Participant agrees that Participant may not commence any arbitration or court proceeding unless Participant and Venchi are unable to resolve the claim within 60 days after Venchi receives Participant claim description and Participant has made a good faith effort to resolve Participant’s claim directly with Venchi during that time. If Venchi is unable to resolve Participant’s claim within 60 days despite those good faith efforts, then either Participant or Venchi may start arbitration or small claims court proceedings.

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by these Terms and Conditions. Venchi will pay or reimburse arbitration filing, administration and arbitrator fees. The arbitrator may award any individual relief a court of law could, including temporary, interim or permanent injunctive relief on an individual basis.

If a court or arbitrator finds in any action between Participant and Venchi that any part of this arbitration agreement and class action waiver is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to any and all other claims that Participant or Venchi may assert in that or any other action. If any other provision of this Dispute Resolution provision is found unenforceable, the other parts of it shall continue to apply. Participant reserves his/her ability to bring claims in small claims court to the extent of that court's jurisdiction. These Terms and Conditions, all transactions related to the Program, and all related matters are governed by the Federal Arbitration Act, applicable federal law, and the laws of New York, without regard to any conflict of laws rules.