Terms and Conditions - The Brotherhood Programme
1.1 The company Tristate International S.A., a company duly incorporated and existing under the laws of Switzerland, with registered office in Via Riva Albertolli 1 - Lugano, Switzerland (hereinafter, the "Company") has launched and promotes this loyalty programme named "The Brotherhood" (hereinafter, the "Programme").
1.2 The Programme is an international initiative active in Switzerland, the United Kingdom, France, the Netherlands, Germany, Italy (including the territory of San Marino and the Vatican City) and the United States (the 'Territory') and relating to the purchases made both online at https://www.cpcompany.com (the 'Site') and at the participating points of sale operated directly by the Company (also through its affiliates), the list of which can be found at the following link (the 'Flagship Stores').
It should be noted, in this regard, that the products purchased on the Site are sold, upon express authorisation of the Company, by Diana E-Commerce Corporation S.r.l., a company with sole quotaholder, with registered office in Via San Daniele n. 137/139, 35038 Torreglia (PD), Italy, Italian Tax Code and VAT number 05097740285 and registered with the Register of the Companies of Padua under no. 442830.
1.3 The Programme is addressed at customers registered in the Territory (the "Customers" or "Members") and allows the latter, on the basis of the purchases made through the Site and/or at the Flagship Stores, to collect points and, depending on the levels reached, to benefit from the rewards and promotions, that include personalised offers and advices, discounts that may be used in subsequent purchases made both online and at the Flagship Stores, as governed by these terms and conditions (the "Terms and Conditions").
2.1 Only persons that have reached the age of majority according to the laws of their respective country of residence or domicile in the Territory (by way of example, as far as Italy is concerned, people above 18) may join the Programme. Registration is personal, non-transferable and confidential, with the express exclusion of any legal entity or for business or professional activities.
2.2 Membership of the Programme is free of charge and no prior purchase of products is required to become a Member.
2.3 It is nonetheless necessary that customers are registered to the Site (accessible at the following link https://www.cpcompany.com/login/) in order to join and register to this Programme. In the event that the Customer is not registered with the Site, it will not be possible to proceed with enrolment in the Programme and, consequently, with the accrual of points as well as the receipt of level-related benefits under these Terms and Conditions.
2.5 When registering to the Site, the user undertakes to provide only true and accurate data and to keep their identification and contact details up to date at all times (by accessing the respective personal area should any changes be needed, with the sole exception of his/her date of birth). Incorrect or incomplete provision of registration details, as well as any failure to update the relevant information, will prevent the Customer's enrolment in the Programme, the accrual of points as well as the possibility to benefit from the applicable rewards.
2.6 In the event of misuse by the Customer, or in the event of inaccurate data, the Company reserves the right not to accept a Site and/or Programme registration request.
2.7 Upon successful Programme registration, the Customer will receive a welcome e-mail acknowledging the registration above and containing:
ꟷ the main information about the Programme;
ꟷ the details relating to the registration status and the relevant applicable rewards;
2.8 The Customer is responsible for all activities conducted via the membership account in this Programme. This means that the Customer is obliged to do their best to keep their access data, such as e-mail address and password, safe. Should the security of the password or the account be jeopardised, it will be necessary to change the relevant password as soon as possible and to contact the customer service at the following address firstname.lastname@example.org.
3.1 Each Customer registered in the Programme, for any purchase made in the Territory through the Site and/or at the Flagship Stores, will receive one point for each GBP pound spent, to be rounded up. By way of example, if the amount spent by the Customer is equal to GBP £100.30 (exclusive of any shipping costs, where applicable), the Customer will accrue 101 points.
The Programme is structured on several levels. The first level (Member Level) is reached by registering for free in the Programme, subsequent levels can be reached by each Customer after reaching a certain points threshold, namely:
- Member Level: 0 - 500 points
- Mate Level: 501 - 1500 points
- Insider Level: 1501 - 2500 points
- Ambassador Level: >2501 points
Depending on the level reached, each Customer may benefit from the following rewards, applicable only to subsequent purchases made both through the Site and at the Flagship Stores, as better illustrated below:
- Member Level (0 - 500 points)
- Welcome gift upon registration, consisting of a 10% discount to be used in a subsequent purchase on the Site or at the Flagship Stores;
- Birthday gift, consisting of a 10% discount to be used in a subsequent purchase on the Site or at the Flagship Stores, as detailed under Section 3.4 below;
- Reserved access to private sales both on the Site and at the Flagship Stores.
- Mate Level (501 - 1500 points)
- All rewards granted to Customers belonging to the "Member Level";
- For purchases made through the Site, free return of products following the Customer's exercise of the right of withdrawal;
- Invitations to special events;
- Insider Level (1501 - 2500 points)
- All rewards granted to Customers belonging to the "Member Level" and "Mate Level";
- Early collab access (special collaborations) both on the Site and at the Flagship Stores;
- Early season product access (limited editions) both on the Site and at the Flagship Stores;
- Talk with us (meetings and workshops held by the Company).
- Ambassador Level (>2501 points)
- All rewards granted to Customers belonging to the "Member Level", "Mate Level" and "Insider Level";
- Priority customer care, via WhatsApp, for purchases made both on the Site and at the Flagship Stores;
- Collection storytelling (special contents illustrating the brand and its collections);
- Private visit, once only, to the MASSIMO OSTI archive located in Bologna, Italy.
3.4 The benefits related to the birthday gifts entitle the Customer to the discounts and rewards described in clause 3.3 above. The discount is valid only once, as of the receipt of the email containing the relevant discount code (such email will be sent, each year, approximately 7 days prior to the Customer's birthday) and for a period of 6 months after such receipt. Once the 6-month period has elapsed, the discount code will be de-activated, as well as following its use. Please note that:
ꟷ It is not possible to cumulate, in a single transaction, the discount applicable to the welcome gifts, and the discount applicable to the birthday gifts;
ꟷ It is not possible cumulate the birthday gift discount code with other discounts or promotions;
ꟷ It is not possible to use the discount provided through the birthday gift for the purchase of spare parts, masks and items made with custom colours;
ꟷ It is not possible to change the date of birth after registration on the Site.
3.5 The points balance, as well as the respective levels, as indicated in the personal area will be updated immediately following any and all purchases made by the Customer through the Site or by and no later than 24 hours following any and all purchases made by the Customer at the Flagship Stores. Specifically:
- For purchases made through the Site, the points balance is made up of two separate entries, as follows:
- the account balance, meaning the total balance of points accrued and accruable on the basis of the last purchase made. Customers may benefit from the points accrued on the basis of the last purchase made only once a 30 (thirty) day-period since the date of receipt of the purchased products has elapsed and provided that the Customer has not returned the products (within a term of 14 days as of the relevant receipt), in whole or in part. The return of an item(s) will therefore result in the deduction of the points previously earned for the purchase of such item(s);
- the available balance, meaning the balance of points that the Customer may use, in full, in order to benefit from the rewards under this Programme.
- For purchases made at the Flagship Stores, the points balance is made up of two separate entries, as follows:
- the account balance, meaning the total balance of points accrued and accruable on the basis of the last purchase made. Customers may benefit from the points accrued on the basis of the last purchase made only once a 30 (thirty) day-period since the date of purchase has elapsed and provided that the Customer has not returned the products in whole or in part. The return of an item(s) will therefore result in the deduction of the points previously earned for the purchase of such item(s);
- the available balance, meaning the balance of points that the Customer may use, in full, in order to benefit from the rewards under this Programme.
3.6 Your balance can be checked at any time in your account. Please note that:
ꟷ It is not possible to accrue points for purchases made, both on the Site and at the Flagship Stores, before registering in the Programme;
ꟷ For purchases made through the Site, the amount of shipping costs for online purchases will not grant any point accrual;
ꟷ Any points accrued by the same Customer with different identification profiles, even if they belong to the same person, cannot be added together.
3.7 For purchases made through the Site, to obtain points, the Customers must log in to their personal account before making any purchases. Any purchases made on the Site as a guest (i.e., without any registration as a Member) will not entitle you to the accrual of points or the ability to take advantage of the benefits applicable to the relevant membership level.
3.8 For the purchases made at the Flagship Stores, to obtain points, the Customer must provide his/her identification data before making any purchase. Any purchases made without indicating his/her participation in the Programme or his/her identification data will not entitle the Customer to the accrual of points nor will grant the Customer with the right to take advantage of the benefits applicable to the relevant membership level.
3.9 The Programme shall have an indefinite duration except for any revocation or cancellation that will be duly communicated in the forms required by the applicable regulations.
3.10 Joining the Programme will also allow Customers to participate in all initiatives and/or prize events and promotions that the Company reserves the right to launch during the Programme. Separate and specific terms and conditions will govern the participation in the aforementioned initiatives and prize events.
3.11 The Programme does not cover the use of Gift Cards. In particular:
i) the purchase of Gift Cards at Flagship Stores does not result in the Customer to accruing any points;
ii) purchase of Products made using a Gift Card at Flagship Stores does not entitle the Consumer to accrue any points corresponding to the economic value paid via Gift Card;
iii) benefits cannot be redeemed for the purchase of Gift Cards.
4.1 The Customer has the right to exercise its right to withdraw from these Terms and Conditions at any time, without incurring any costs, by contacting the customer service at email@example.com.
4.2 The exercise of the aforementioned right of withdrawal by the Customer will imply the cancellation of the membership and, therefore, the Customer will not be able to benefit from the rewards granted to the Members of this Programme.
4.3 In the event of cancellation, all points accrued up to such cancellation will be deleted.
5.1 This Programme requires that the Customer complies with these Terms and Conditions and behaves in good faith and fairness vis-à-vis the Company. It follows that the Company reserves the right to suspend the membership of the Programme or permanently disable such participation and, where appropriate, cancel any benefits acquired as well as any orders previously placed and not yet fulfilled, in the event of abuse by the Customer in the use of the Programme and/or vis-à-vis the Company and/or of failure to comply with these Terms and Conditions. The Company shall proceed with the suspension and/or deactivation and cancellation referred to above after having notified the Customers, by email to the address provided during registration and on the Site at the dedicated Programme page, in particular in the following cases:
• fraudulent actions or attempted fraud and theft;
• in case of misuse and/or deception of the Programme;
• in the event of actions aimed at disrupting the proper functioning of the Site and/or the Programme;
• in case of purchases in excessively large numbers over the course of a single day and/or several days that suggest an intention to resell and/or make a profit through the purchases of the Company's products;
• suspected registration of a new account by a previously suspended Customer;
• more generally, in the event of non-compliance with these Terms and Conditions.
5.2 If the Customer's access has been suspended or an order has been cancelled and the Customer believes that he/she is the victim of an error, he/she may contact the customer service at the following address firstname.lastname@example.org.
6.1 The Company reserves the right to make changes to these Terms and Conditions from time to time and will inform the Customer of any of such changes in the following ways: by e-mail to the address provided during registration and on the Site on the page dedicated to the Programme.
In any event, the Company will consider the reasonable interests of the Customers before making such changes. The reasons that may make such changes to the provisions of these Terms and Conditions necessary are set out below:
- developments beyond the Company's reasonable control; or
- changes at legislative level; or
- changes to the Programme as part of the normal development of the Company's products and activities; and
- the need to address security problems.
6.2 The amendments made shall be effective 30 days after the receipt of the email address as provided under Section 6.1. The most up-to-date version of these Terms and Conditions and, therefore, applicable to the Customer is the one available at https://www.cpcompany.com/. The Company invites the Customer to periodically check https://www.cpcompany.com/ for the latest version of these Terms and Conditions.
6.3 Participation in the Programme shall imply the Customer's acceptance of the Terms and Conditions, as amended. If Members do not accept the amendments to these Terms and Conditions, Members may withdraw - without incurring any charges - from the Programme in accordance with the provisions of Article 4.
6.4 The Company also reserves the right to suspend or terminate the Programme, temporarily or permanently, by giving the Customer adequate prior notice.
8.1 The Company is responsible for losses the Customer suffers caused by the Company breaking these Terms and Conditions unless the loss is:
8.2 Unexpected: it was not obvious that it would happen and nothing the Customer said to the Company meant the Company should have expected it (so, in the law, the loss was unforeseeable) or
8.3 Avoidable: Something the Customer could have avoided by taking reasonable action.
9.1 These terms are governed by English law and wherever you live you can bring claims against the Company in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against the Company in the courts of the country you live in. The Company can claim against you in the courts of the country you live in.
10.1 Should you have any questions regarding this Programme, you may contact the customer service at email@example.com.