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The SERVICE CARD programme (hereinafter, the "Programme") devised and managed by SBS SpA, with registered office in Miasino (No), Italy, via Circonvallazione S/N, C.F, VAT number and registration number in the Register of Companies of Novara 01888310032, REA no. NO-202775 (hereinafter "SBS") entitles customers who purchased one or more SBS products using the special invitation card, either from the Website (as defined below) or from any store, on Italian territory or abroad, listed on the SBS website www.sbsmobile.com, and registered to the Programme, (hereinafter, the "Customers") to make use of a series of services, benefits and advantages, described in more detail in art. 5 (the "Rewards") below. The Rewards will be provided exclusively in countries indicated on the SBS website www.sbsmobile.com.
2. TERMS AND CONDITIONS FOR PROGRAMME MEMBERSHIP
2.1 The Programme is available to Customers who are natural persons residing in Italy and over the age of 18 (membership is not open to individual businesses, companies or other entities with or without legal personality).
2.2 Customers who are already registered on the SBS website at the address www.sbsmobile.com (hereinafter the "Website") - for which the general terms and conditions of access and use can be found at the following link - can join the Programme by accessing the relevant section in their Personal Area and filling in the required membership and privacy form. To complete a membership application, the terms and conditions set out in these Programme regulations (the "Regulations") must be carefully read through and accepted.
2.3 Customers who are NOT already registered on the Website can join the Programme by registering. Once registered, the Customer can follow the instructions provided on the Website to access their Personal Area, which features a specific section dedicated to the Programme. To apply for Programme membership, the membership and privacy form must be filled in and the terms and conditions set out in these Regulations must be carefully read through and accepted.
2.4 Upon registering on the Website, the Customer is assigned an identification code matching the email address provided (hereinafter the "Code"). This Code is necessary for the purposes referred to in article 4 below
2.5 Membership of the Programme must be applied for strictly within 1 (one) month from purchase of the product entitling the Customer to the Rewards. Should membership be requested beyond the aforesaid term, SBS reserves the right not to provide any Reward.
2.6 To ensure correct operational management of the Programme, the Customer’s personal data (including name and surname), email address, residential or home address, post code, mobile phone number and a scanned copy of the receipt is essential and indispensable for the provision of the Rewards associated with the Programme, described in article 5 below.
2.7 No physical card will be issued to Customers who join the Programme.
2.8 All Customers joining the Programme (hereinafter the "Member") guarantee the accuracy of all information provided and shall be solely responsible for it. Members may, at any time, change and/or update their data by accessing their Personal Area on the Website using the email address and password provided during registration to the Website or at a later time.
3. LENGTH AND COST OF PROGRAMME MEMBERSHIP
3.1 Membership of the Programme is free and valid for a period of 3 (three) years from the date of purchase of the product entitling the Customer to the Rewards, unless further purchases of said products are entered in the Customer's Personal Area, supported by copies of the corresponding receipts. In this case, membership will be automatically extended to the end of the 3rd (third) year from the date displayed on the most recent receipt submitted by the Member to their Personal Area.
3.2 Upon expiration of this term, subscription to the Website will be renewed automatically, unless the Member provides a notice of cancellation via email to our Customer Service at firstname.lastname@example.org. In this case, the Member may continue to benefit from the services referred to in point (g) of art. 5 below, free of charge, if at the time of registration to the Programme or at any subsequent time, the Member consented to the processing of their data for these purposes, and their Personal Area shall remain active.
The Code assigned during registration to the Website is personal. It may only be used by the Member, although SBS is not always required to verify the Customer's identity from official identity documents. The Code is required to enjoy the Rewards and, in particular, for the pickup and delivery of products under warranty. In the absence of the Code, the Member will be identified by their mobile number. The Code will also be needed to access the Reserved Area of the Website and for verification of the Member’s identity by call centre operators.
5. REWARDS FOR PROGRAMME MEMBERS
5.1. Every Member is entitled to the following Rewards:
5.3 The provision of the Rewards is subject to valid registration to the Programme, and its successful activation, at the time the request for the Reward is made. For the proper provision of the Rewards, contact information, including inter alia such details as mobile number, an address for product pickup and delivery, residential or home address (to return the products in the event of shipment issues, and/or inability to contact the Customer and/or deliver the product to the specified address) and email address, must be correct, or it will not be possible to provide the services laid out in paragraph 5.1 above.
5.4 If the Member chooses to make use of the Reward referred to in point (f) of paragraph 5.1 above, they will be required to enter in their Personal Area the necessary information and data for the provision of the aforementioned Reward, one example being payment methods (where needed) and up-to-date addresses for pickup and delivery of the products. The Reward will not be provided until shipping fees have been paid. The exact amount will be calculated in accordance with the regularly updated rates available on the Website and notified to the Customer in advance by email.
5.5 Where the Member makes use of the Reward referred to in point (f) of paragraph 5.1 above, SBS reserves the right, at its sole discretion and within a reasonable timeframe from the Member's request (considering, inter alia, the nature of the asset and the purpose for which it was acquired by the Member), to:
5.6 The warranty referred to in point (c) of paragraph 5.1 above and the statutory two-year warranty do not cover Members against accidental damage to products or damage caused by the Member's negligence, but only and exclusively damage resulting from manufacturing defects. Therefore, should SBS, in accordance with the provisions of point (f) of art. 5.1 above, collect a product from the Member that is later revealed to be defective, non-functioning or malfunctioning for reasons attributable to the Member (and not to inherent defects of the product), SBS will not issue any Gift Vouchers and will not provide repair and/or replacement for the Defective Product, unless the Member makes prior payment, within 5 (five) days from their request, covering: (i) the repair or replacement service, as well as (ii) all shipping costs, which are in any case responsibility of the Member in the case of the warranty referred to in point (c) of paragraph 5.1 above. In the event that the Member chooses not to repair or replace the product they returned to SBS, and fails to provide full payment of shipping costs, SBS will not be required to return the product to the Member and may temporarily or permanently suspend the Member's access to the Programme, refusing to provide some or all of the Rewards.
5.7 In any case, SBS will endeavour to contact the Member (i) within 2 (two) working days from their request for the Reward referred to in point (f) of paragraph 5.1 above, with information regarding their chosen option among those indicated in paragraph 5.5 above, as well as any shipping costs; and (ii) in the case referred to in paragraph 5.6 above, to notify the Member within 7 (seven) working days from receipt of the Member's product of the costs and timeframe for repair and replacement of the same, and of shipping costs, if for any reason they should differ from the amount specified in point (i) above.
6. AMENDING MEMBER DATA AND THE PRESENT REGULATIONS
6.1 It is the Member's responsibility to promptly communicate any changes to the previously provided data, which can be amended directly from the Member's Personal Area on the Website. In the event of a change of email address, where this is not notified or updated by the Member, correct provision of the Rewards will not be possible.
6.2 The Rewards provided to the Member are strictly personal and cannot be exchanged, transferred, sold, redeemed in liquidation or reimbursed if not used within the expiration period.
6.3 Members can only register to the Programme once. In the event of multiple memberships erroneously registered to the same Member, SBS reserves the right to cancel any additional memberships beyond the first.
6.4 The present Regulations will always be available to view on the Website. SBS reserves the right to unilaterally amend, either fully or partially and at any time, the present Regulations, the terms and conditions of Programme membership and the Rewards provided for therein. Members will be given timely notice of any changes or additions through notices published on the Website or specific communications by email. Unless the amended and/or integrated clauses require specific acknowledgment by the Member, the Regulations, as last amended/supplemented by SBS, will be considered known and accepted by the Member (i) 8 (eight) days from their publication on the Website or from receipt, via email, of the relevant notice; or (ii) with any subsequent use of the Code. In the event that amended and/or integrated clauses should require express acknowledgment and acceptance by the Member, the latter will be required to read them through carefully and check the appropriate box in their Personal Area. In the absence of the Member's express approval and acceptance, SBS will be unable to provide the Rewards. In any case, SBS has the right to maintain or revoke the validity of the present Regulations at any time and for any reason, without the Member being entitled to compensation of any kind.
7. CODE AND PASSWORD MANAGEMENT
Upon registration on the Website, the Customer is required to select a password that meets the minimum security requirements. This password allows the Member to access the Reserved Area of the Website and all related features and services. For security reasons, the Member must keep their credentials strictly confidential and not share them with third parties. The Member can set a new password through the appropriate field on the Login page of their Personal Area. If the Member has reason to believe that their credentials have been compromised, or that there has been unauthorized use of their account, they shall immediately notify SBS by contacting SBS's Customer Service. SBS is in no way responsible for any improper use made of the Member's credentials and/or account before receiving the above-mentioned notification. In any case, the Member may change their password at any time by accessing their Personal Area or contacting SBS's Customer Service.
8. WITHDRAWAL FROM THE PROGRAMME - SUSPENSION, CLOSURE, TERMINATION
8.1 The Member may withdraw from the Programme at any time by filling in the relevant form on the Website or by sending a specific written request to the following email address: email@example.com.
8.2 SBS has the right to suspend and/or close the Programme at any time, temporarily or permanently revoking all or some of the Rewards, by sending specific written notice to the Member via email and/or publishing it on the Website, without entitling the Member to any kind of compensation.
8.3 SBS also has the right to terminate the Programme for a Member - revoking some or all of the Rewards, temporarily or permanently - in the case referred to in paragraph 5.6 above, without entitling the Member in question to any kind of compensation.
9.1 SBS will be in no way responsible for - and will not therefore be required to compensate any damage deriving from - the non-availability or failed provision of the Rewards in the event of: (i) unforeseeable circumstances or events of force majeure, meaning any event, unforeseen and unforeseeable by SBS, and deriving from natural events or third parties, including but not limited to natural disasters, lightning, fires, explosions, war, riots, earthquakes, general strikes, power outages, system viruses, as well as pandemic-related causes, including the Covid-19 pandemic; (ii) incorrect use of the access Code and/or password; (iii) partial or complete interruption of telephone and/or internet services; (iv) malfunctioning of equipment required for the provision of the Rewards, including issues with the Website; (v) the provision of incorrect contact information by the Member; (vi) failure to acknowledge and accept the clauses referred to in paragraph 6.4 above; (vii) failure on the Member's part to register within the term referred to in paragraph 2.2 above.
9.2 SBS will in no way be liable for - and will not therefore be required to compensate any damages deriving from - the incorrect provision of the Rewards where this is a consequence of: (i) misuse of the Member's access credentials and account; (ii) complete or partial interruption of telephone and/or internet services, (iii) malfunctioning of equipment necessary for the provision of the Rewards, including issues with the Website; (iv) the provision of incorrect information by the Member.
9.3 In the event that SBS is held responsible for damages sustained by the Member, deriving from and/or connected to the Rewards provided under the Programme, the Member will be entitled to a maximum compensation of Euro 200.00 (two hundred/00). Under no circumstances can SBS be held liable for third parties.
10. DATA HANDLING
11. APPLICABLE LAW AND JURISDICTION
Any dispute concerning the validity, interpretation and/or execution of the present Regulations, and of the relationship established upon the Customer's registration to the Programme, will be governed exclusively in accordance with Italian law and fall under the exclusive competence of the Court of Verbania, unless statutory law provides for a mandatory forum or recognises the application of the mandatory provisions prevailing in the Member's country of residence.
12. NULLITY AND INVALIDITY
In case of nullity of one or more clauses of these Regulations, or of parts of them, due to conflict with mandatory provisions of the law, such clauses shall be understood as being legitimately replaced by the applicable legal provisions, exclusively within the limits of the conflict. Tolerance of violations and/or breaches of the present Regulations in no way implies the waiving of the conditions provided for therein, nor undermines the validity of the disregarded clauses.
13. COMMUNICATING WITH SBS
For all queries, requests for support or complaints, the Member may reach SBS at the following addresses: SBS SpA, Via Circonvallazione s/n, 28010 Miasino (NO), Italy - Tel: +39-0322-980909 - Fax: +39-0322-980910 - email: firstname.lastname@example.org.