BUSINESS TERMS OF LOYALTY PROGRAM «NOBACCO PRIVILEGE CLUB»

(last update: 12/07/2023)

 

The following business terms and conditions (hereinafter the "Business Terms"), govern the operation of the "Nobacco Privilege Club" programme (hereinafter the "Programme"), created by the company under the corporate name "NOBACCO SINGLE MEMBER VAPING PRODUCTS SOCIETE ANONYME" and under the distinctive title "NOBACCO", based in Koropi, Attica, 1^st km Koropi - Markopoulo Avenue, GR -  194 00, Tel +30 210 7622020 & Fax +30 210 6715397, with TIN 800386268, ATHENS TAX OFFICE FOR THE TAXATION OF SOCIETES ANONYMES, with GCR number 119582601000 (hereinafter "Nobacco").

The Programme is a loyalty programme through which its Members (as defined further below) collect Points (as defined further below) and benefit from the privileges of the Programme in accordance with the Business Terms, as in force from time to time.

Nobacco reserves the right, at its sole discretionary power and judgment and for any reason, to amend the Business Terms without any prior notice to the Member.

Enrolment in the Programme means that the applicant has taken note of the Business Terms and, additionally, agrees and accepts fully and unconditionally that they exclusively regulate his/her rights and obligations, if any, as a Member of the said Programme.

 

1. DEFINITIONS

For the purposes hereof, the following terms have the following meanings:

• "Programme Member" or "Member": An adult natural person with full legal capacity, who, after accepting the Business Terms of the Programme, is enrolled in the Programme.
• "Points": The benefit derived by the Member, from the purchase of Products (as defined further below). Nobacco, at its sole discretionary power and judgment, decides the percentage of the discount granted per Member category, the number of Points required to initiate redemption, the number of Points corresponding to each purchase etc, without any prior notice to the Member.     
• "Products": The Products, which are subject to the Programme. Nobacco, at its sole discretionary power and judgment, decides which Products are subject to the Programme at any given time and is entitled freely to remove or add Products without any prior notice to the Member.     
• "Points Account": Each Member's Points tracking account.
• "Points Collection Points": They are defined as those Points at which the Member conducts a covered transaction or activity and collects Points. Nobacco, at its sole discretionary power and judgment, decides which are the Points Collection Points at any given time and is entitled freely to remove or add Points Collection Points without any prior notice to the Member.
• "E-shop": The electronic shop maintained by Nobacco at the webpage https://www.nobacco.gr/en/.
• "Loyalty ID": The unique code that is automatically generated by Nobacco's system upon completion of the Member's enrolment in the Programme.

 

 

2. ENROLMENT INTO THE PROGRAMME - USE OF LOYALTY ID

• Enrolment in the Programme is carried out electronically either a) via the webpage nobacco.gr maintained by Nobacco; or b) at a Nobacco Network Shop (Nobacco Shop) by filling in an electronic form with the assistance of a Nobacco Shop employee. In order to complete his/her enrolment in the Programme, the applicant customer will need to fill in the relevant form with the following information: Full name, city, country, mobile phone number, email and/or any other information requested (mandatory or optional) in the enrolment form. A necessary prerequisite for the enrolment in the Programme and the issuance of the Loyalty ID is the filling in of all the information indicated as mandatory in the enrolment form. If the enrolment takes place in a Nobacco Network Shop (Nobacco Shop), an SMS message will be sent to the customer's mobile phone containing a unique code (one time password) in order for the customer to confirm that he/she is the owner of the mobile phone number declared to the Nobacco Shop employee and subsequently the customer will have to give the code to the Nobacco Shop employee in order for the employee to fill it in the corresponding field of the form and complete the enrolment procedure. Nobacco reserves the right to create in the future other ways as well to enrol in the Programme.

Note: As of 26.07.2023, a) the application that was created for the Programme by Nobacco in the Android environment and b) the issuance of the Programme's membership card are discontinued. The Points accumulated by Members who were enrolled in the Programme through the application will continue to be valid in accordance with the Business Terms, while enrolled Members who have been granted a membership card by Nobacco may, if they so wish, continue to use the membership card granted to them, benefit from the respective discounts corresponding to any Points accumulated and enjoy the privileges of the Programme in accordance with the Business Terms.          

• The Loyalty ID is issued only to a natural person who, upon his/her express declaration at the time of submission of the enrolment form, has attained his/her age of eighteen (18) years old (adult) and has full legal capacity.
• The Loyalty ID is strictly personal. Its use in any way by any person other than the Member is prohibited.
• In order for Points to be passed through to the Member's account, the following will be required:

1. a) In case where the transaction takes place in a physical shop or by telephone, the Member must report his/her Loyalty ID to the cashier of the shop where the transaction takes place or, respectively, to the Nobacco telephone sales employee. If the Member does not have his/her Loyalty ID available, it is sufficient to give to the cashier of the shop or to the Nobacco telephone sales employee the mobile phone number or email used when enrolling in the Programme. b) In case where the transaction takes place through the E-shop, the Member must, before completing the transaction, log in to the account he/she maintains in the E-shop in order to identify his/her participation in the Programme.

Nobacco reserves the right to accept or reject, at its sole discretionary power, any application for a Member to join the Programme without any obligation of relevant notice to the applicant.

• The Member is entitled to use the Loyalty ID at the Points Collection Points, always within the framework set by Nobacco at any given time and communicated to the Member. At the time of signing these Business Terms, the Nobacco Shop Network (Nobacco Shops and the E-shop) are defined as the Points Collection Points.
• Under no circumstances can the number of Points and the discount right be returned in exchange for money.
• Nobacco bears no liability whatsoever for the use of the Loyalty ID by any third person.

 

 

3. LOYALTY SYSTEM - MEMBER CATEGORIES

• The Programme is based on the collection of Points. Upon signing these Business Terms of the Programme, for every €1 of purchases, either from the webpage https://www.nobacco.gr/en/ or from a Nobacco Shop store, you earn 10 Points (namely 1 Euro = 10 Points). If purchases are made through the webpage https://www.nobacco.gr/en/, the Points will be updated after billing and payment of the order, while at retail sales points they are updated upon completion of your purchase. By way of exception, for refill liquids subject to excise duty (+€1.24 per product) the calculation of Points is different, namely €1.24 is deducted from the retail sale price and the Points accumulated are calculated on the basis of the remaining amount. A similar procedure for calculating Points applies to all products subject to excise duty, including, indicatively and not restrictively, the following: Disposable mono II & mono x: (+€0.25 per product), Disposable mono 0%: (+€0.74 per product), Pods Isson II: (+€0.45 per product), Pods Isson Hybrid: (+€0.37 per product).
• Upon the signing of these Business Terms, there are three (3) categories of Programme Members, with the following privileges:
  1. Red Member: The first category of Programme Members from 0 Points and up to the accumulation of 6,000 Points. The Member enjoys a 3% discount per Product purchased from the Nobacco Shop or E-shop on the retail price thereof, as well as other possible privileges to be announced by Nobacco by posting on this webpage (nobacco.gr). The discount starts after the Member has accumulated 2,001 Points. To remain in the Red Member category, the Member must accumulate 2,001 Points annually, otherwise the Points are automatically deleted. The year is calculated from the date of joining the category (date of acquiring 2,001 Points).
  2. Silver Member: The second category of Programme Members from the accumulation of 6,001 Points and up to the accumulation of 12,000 Points. The Member enjoys a 5% discount per Product purchased from the Nobacco Shop or E-shop on the retail price thereof, as well as other possible privileges to be announced by Nobacco by posting on this webpage. To remain in the Silver Member category, the Member must accumulate 4,001 Points annually, otherwise the Points are automatically deleted and the Member transitions/downgrades to the previous Red Member category. The year is calculated from the date of joining the category (date of acquiring 6,001 Points).
  3. Gold Member: The third and highest category of Programme Members from the accumulation of 12,001 Points and with no maximum Points cap. The Member enjoys a 12% discount per refill liquid (Product = refill liquid) and 8% per any other product (Product = any other product) purchased from the Nobacco Shop or E-shop on the retail price thereof, as well as other possible privileges to be announced by Nobacco by posting on this webpage. To remain in the Gold Member category, the Member must accumulate 6,001 Points annually, otherwise the Points are automatically deleted and the Member transitions/downgrades to the previous Silver Member category. The year is calculated from the date of joining the category (date of acquiring 12,001 Points).
• The use of the Programme privileges by the Member is possible after the Member has accumulated 2,001 Points. The Programme privileges enjoyed by each Member depend on the Points he/she has collected and the more specific Member category to which he/she belongs, which is determined as above by the Points he/she has collected.
• The privileges are valid and applicable from the moment the Loyalty ID is issued and do not take into account purchases made prior to the date of issuance of the Loyalty ID either from a Nobacco Shop store or from the Nobacco webpage https://www.nobacco.gr/en/.
• Nobacco reserves the right to unilaterally modify the reward system and change or replace the reward amount of purchases.
• Nobacco maintains a single Points Account only per Member to track the Points collected by the Member. Accordingly, in case where Nobacco becomes aware that Members hold more than one Loyalty ID, it will, at its sole discretionary power, deactivate the additional Loyalty ID and transfer the Points to the one (1) active Loyalty ID, upon prior notice to the Member.
• In case where Points have been erroneously calculated to the benefit or detriment of the Member, Nobacco has the right to make the required correction to the Member's Points Account without prior notice to the Member.
• The Points that the Member collects through the Programme may not be transferred or assigned to any third party.
• In case where the item return is combined with a money refund, the respective Points are deducted from the Points total accumulated by the Member.
• Points are not redeemable by cash payment to the Member.
• Nobacco may announce to Programme Members additional special offers to collect or redeem Points or additional offers on products, services or discounts. The additional special offers apply either to all Programme Members, or to selected groups of Members, or to selected transactions or activities at Nobacco's sole judgment. The Programme Member is notified of the special offers and the more specific terms thereof in the ways set forth in Term 4 further below.
• Points can be collected through the webpage https://www.nobacco.gr/en/ only with a certain Product purchase, or otherwise in Nobacco Shop stores or on purchases made by telephone.

 

 

4. INFORMING MEMBERS OF AVAILABLE POINTS

• Each Member of the Programme can be informed about the Points he/she has accumulated and the percentage of the discount based on the level at which he/she is at the given point in time, at any Nobacco Shop within Greece or through the account he/she maintains in the E-shop, and which is linked to the Programme, or by contacting Nobacco in one of the following ways a) by telephone (210-7622020); b) by email (sales@nobacco.gr); or c) via the contact form available here.
• In addition to the abovementioned ways of informing the Member, Nobacco has the right to inform the Member at regular periodic intervals, via SMS or any other means/service of sending messages used by Nobacco and/or via newsletters, emails, telephone calls or any other contact method in the contact information declared by the Member upon his/her enrolment or subsequently, provided that the Member has expressly stated that he/she wishes to have his/her personal information used for the abovementioned information/business promotion purposes.

 

5. MODIFICATION-TERMINATION OF THE PROGRAMME

• Nobacco has the discretionary power and right to activate or deactivate the Loyalty ID and/or terminate the Programme at any time without notice or reason, as this Programme constitutes a voluntary provision by Nobacco to the Member.
• Nobacco reserves the right to amend these Business Terms of the Programme at any time. Such amendments are notified to Members via this webpage and/or by posting any amendment within the Nobacco Shops or by any appropriate, at Nobacco's judgment, means and are effective immediately, unless otherwise specified. Conducting covered transactions or activities and/or collecting Points following any amendment constitutes acceptance of the amended Business Terms of the Programme by the Member.
• Programme Members should visit this webpage at regular periodic intervals to keep up to date with any amendments as well as the latest in-force version of the Business Terms of the Programme. Any amendment supersedes any previous version.
• If, for any reason, Nobacco amends some or all of these Business Terms of the Programme and/or terminates the Programme, the participant is entitled to no claim whatsoever against Nobacco, since the participant already hereby acknowledges that this is a programme of privileges provided at the generosity of Nobacco.

 

 

6. GENERAL TERMS

• The Member must notify Nobacco of any change in his/her contact information (the following are mentioned indicatively: mobile phone number, email etc) declared in the initial enrolment by sending an email message to sales@nobacco.gr or by filling in the contact form on Nobacco's webpage https://www.nobacco.gr/en/ or through the account maintained on the abovementioned webpage, otherwise Nobacco is not liable for loss of correspondence or interruption of communication with the Member. Until such change is notified, any document is validly communicated to the old address.
• The Member retains his/her status for the whole term of validity of the Programme, on the condition of consistent compliance with the applicable Terms of the Programme.
• The use of the privileges of the Programme by the Member is optional.
• Nobacco reserves the right to regularly inform the Member, by mail, email (newsletter), short written message (SMS or any other message sending means/service used by Nobacco), telephone call or any other appropriate means, provided that the Member has expressly stated that he/she wishes to have his/her personal information used for the abovementioned information/business promotion purposes. If the Member no longer wishes to receive promotional and information material with the sending of promotional messages through any of the previously abovementioned communication methods for Nobacco offers/discounts in accordance with the further above, the Member may be removed from the respective list as follows:

aa. In the case of email, by following the link (unsubscribe) located at the bottom part of the email.
ab. In the case of a short written message or telephone call, as well as in the case further above under scenario aa., by using the contact form available here or by calling +30 210-7622020 by telephone.

• For the resolution of any dispute that may arise in the context of the application of these Business Terms of the Programme, either during the term of validity or after their termination, even including disputes regarding the validity, interpretation or execution thereof, the Greek Law is defined as the applicable law. The Courts of Athens, of any jurisdiction and any dispute (under private or public law), including trials relating to enforcement proceedings, adoption of interim measures, disputes arising from credit securities etc are defined as the courts that have exclusive competence over any of the previously abovementioned disputes.

 

 

7. PERSONAL DATA

• The Member unconditionally accepts these Business Terms and provides his/her consent to: a) the Nobacco Shop stores (each acting as a processor on behalf of Nobacco) to record and access the Member's personal data held in the Nobacco database and b) Nobacco, as the controller, to keep on file and process for as long as necessary to better serve the Member his/her personal data that come to its knowledge under the Business Terms of the Programme and to transmit his/her personal data to any third party performing the processing on its behalf for the purpose of providing its Products and services, executing the contract with the Member, managing its customer list and promoting its Products and services.
• Such data is not disclosed or transmitted to third parties, other than Nobacco Group companies (subsidiaries or affiliates thereof), natural or legal persons operating Nobacco Shops and belonging to the Nobacco franchise network, Nobacco partner companies providing services on behalf of Nobacco or carrying out promotional activities for its services and products and are established in the European Union. In any case, the Member retains the rights described in detail in Regulation (EU) 2016/679, including the following: access (Article 15), rectification (Article 16), erasure (Article 17), restriction (Article 18), lodging a complaint with the Hellenic Data Protection Authority (Article 77).  

For any questions/problems in relation to the use/utilisation of the personal data you have disclosed to us in the context of the Programme, please contact Nobacco's Customer Service Department via email at the address sales@nobacco.gr or via telephone at the number +30 210-7622020 during store opening days and hours.