General Terms and Conditions of Use of the Loyalty Program

The companies Sportlife, CJ Sport, TTJ Sport and Espace des Marques.com, hereinafter referred to as “ESPACE DES MARQUES”, have joined together to create a Loyalty Program within Espace des Marques stores and on the website www.espace-des-marques.com.

Registered office address of JO INVEST (holding company of ESPACE DES MARQUES): 7 allée Blaise Pascal, Z.A. Les Acacias - 85540 La Boissière des Landes.

The company JO INVEST (holding company of ESPACE DES MARQUES) is registered with the Trade and Companies Register of La Roche-sur-Yon under number 818 855 538.

The website www.espace-des-marques.com (“Website”), as well as Espace des Marques stores (“Stores”), offer fashion and sportswear items, accessories and decorative items (“Products”) for sale. As of January 2025, ESPACE DES MARQUES provides its customers (“Beneficiaries”) with a loyalty program called “My Loyalty”.

These general terms and conditions of use of the Loyalty Program (“Terms”) define the conditions of membership, participation, and the loyalty benefits associated with the Program.

Joining the Program implies that the Beneficiary has previously read, understood and fully and unequivocally accepted these Terms, which the Beneficiary acknowledges by registering for the Program in-store or on the Website.

The current Terms are available and may be consulted free of charge in Stores and on the Website.

3.1 Membership conditions

To join the Program, the Beneficiary must meet the following conditions:

be a natural person at least 15 years old (if the person is a minor, prior consent from their legal representatives must have been obtained) or a legal entity;

have read the rights granted to natural persons under the French Data Protection Act of January 6, 1978 as amended and Regulation No. 2016/679, known as the General Data Protection Regulation, available in all Stores and on the Website under the Privacy section; and

have provided ESPACE DES MARQUES with a valid email address when requesting membership.

Membership in the program is free of charge and may be offered and/or requested in Stores and on the Website. Once membership has been completed in-store and/or on the Website, a welcome email will be sent to the Beneficiary, with the possibility for customers who joined in-store to finalize their account on the website in order to track their history and benefits.

The Beneficiary is informed that the Program may only be activated and used if the information provided during registration (email address, title, date of birth, surname and first name) is accurate, complete, legible and usable. Otherwise, ESPACE DES MARQUES reserves the right to deactivate the Program and remove the Beneficiary from the Program at any time.

Only one membership and one account per person (same surname, first name and email address) are permitted. The Loyalty Wallet is strictly personal and individual and may under no circumstances be transferred, sold or used for purposes other than those defined in these Terms.

3.2 Conditions of use

The program becomes active upon validation of the first order in-store or on the Website. It is valid in all Stores and on the Website. Each time the Beneficiary wishes to benefit from the Program advantages, they must identify themselves as a Program member as follows:

Store: by verbally providing their surname, first name and email address;

Website: by logging into their customer account already registered in the Program.

In order to continue benefiting from the Program advantages, the Beneficiary must keep their information up to date and inform ESPACE DES MARQUES of any changes to their personal information (in particular: surname, first name, address, email).

The Beneficiary guarantees the accuracy of the information provided and shall be solely responsible for any incomplete, outdated or incorrect information. ESPACE DES MARQUES reserves the right to verify the identity of any person wishing to access, modify or delete their personal data.

Membership in the Program grants Beneficiaries access to certain benefits. As these benefits are intended to evolve and change, ESPACE DES MARQUES reserves the right to modify them.

4.1 Earning euros

Registration in the Program allows Beneficiaries to earn euros on each purchase made in Stores and/or on the Website for any order delivered within mainland France, according to the following terms:

The Beneficiary earns euros provided they have identified themselves in-store by verbally giving their surname, first name and email address; or on the Website by logging into their Program member customer account;

Each purchase allows the Beneficiary to earn 3% of the total amount of products, credited in euros to a loyalty wallet (excluding discounted items and gift cards). Example: if I order online or buy in-store €100.99 worth of non-discounted products, I earn 3%, i.e. €3 credited to my wallet.

The Beneficiary may consult their wallet balance free of charge upon request in-store or by logging into the Website under the “My History” section.

The euros are valid for 12 (twelve) rolling months from the date of purchase for store customers, and for website customers, no later than 12 rolling months after the 30-day return period has expired.

When the Beneficiary wishes to return all or part of purchased items on the Website, the euros initially earned from that purchase will be deducted under the following conditions:

Return of all purchased items: all euros earned from that purchase will be removed once the return has been processed.

Return of part of the purchased items: the euros earned from the returned product(s) will be removed once the return has been processed.

Return of defective items and/or items subject to a preparation error: the euros earned from the concerned product(s) will be removed once the return has been processed.

Return of items after the 30-day withdrawal period has expired (with a valid reason and subject to After-Sales Service approval): the euros earned from the returned product(s) will be removed once the return has been processed.

In the event of a dispute regarding the amount accumulated, the information contained in the ESPACE DES MARQUES database shall prevail. Any complaint must be sent by registered letter with acknowledgment of receipt to:

“JO INVEST (holding company of ESPACE DES MARQUES): 7 allée Blaise Pascal, Z.A. Les Acacias - 85540 La Boissière des Landes,”

specifying surname, first name, address, postal code, city and customer account email, or by email to fidelite@espace-des-marques.com.

4.2 Additional benefits specific to the Website and/or stores

Any Beneficiary registered on the Website may benefit from additional advantages, such as receiving a promotional code on their birthday, as well as participating in various contests that may allow them to obtain additional promotional codes. All the advantages mentioned above are exclusively valid on the Website www.espace-des-marques.com and will not be accepted at Store checkouts.

Likewise, certain advantages/discount vouchers will be sent exclusively to store customers and will not work for purchases made on the Website. For example, stores also offer birthday benefits valid only for store customers.

In all cases, a message on the communication medium will specify whether the voucher is valid on the Website, in Stores, or both.

4.3 Use of euros

In-store

Provided that the Beneficiary has at least €0.10 available, the euros may be used at any time by requesting their deduction at checkout and presenting an ID document. Any use of euros will result in the deduction of the amount used from the Beneficiary’s loyalty wallet.

In-store, items purchased by the Beneficiary using euros from the loyalty wallet will be refunded in the form of a store credit or exchange in-store.

Online

On the Website, the Beneficiary may add items to their cart and click on “use” to deduct the proposed loyalty wallet amount. The amount available for use from the wallet applies only to product totals above €4.99 and will be calculated so as not to allow an order below €0.99.

On the Website, in the event of a refund for all or part of the order, the items will be refunded according to the rules applicable under our return policy based on the net amount paid, i.e. after deduction of the loyalty wallet amount. The euros used from the loyalty wallet will be re-credited.

Simply joining the Program constitutes full and unconditional acceptance of these Terms and Conditions.

The Program Terms and Conditions of Use may be obtained upon request:

at the reception desk of the Stores; or

on the Website.

Membership in the Program is valid for a period of 12 months from activation of the Program and is automatically renewed for successive 12-month periods.

However, if the loyalty wallet is not used during the 12 months following its activation, the available euros will be lost.

In all cases, the personal data collected will be retained throughout the commercial relationship between the Beneficiary and ESPACE DES MARQUES.

ESPACE DES MARQUES reserves the right to modify, interrupt, shorten or terminate, in whole or in part, temporarily or permanently, the Program and/or the benefits offered by the Program, as well as these Terms, provided that Beneficiaries are informed in advance by any means and with one month’s notice whenever the modification is unfavorable to the Beneficiary. However, in the event of an enhancement to the Program or an additional benefit in favor of the Beneficiary, such modification shall apply immediately.

No modification of any nature or significance whatsoever to the loyalty program, nor its termination, shall entitle the Beneficiary to any compensation.

Article 8.1 – General liability

The Beneficiary releases ESPACE DES MARQUES from all liability in the event of loss of access credentials for Website-only Beneficiaries.

ESPACE DES MARQUES shall not be held liable for:

the quality of the Program, whose content is provided “as is”;

disruptions in the use of the Program;

inability to access the Program;

breaches of IT security that may cause damage to Beneficiaries’ computer equipment and data.

ESPACE DES MARQUES does its best to provide up-to-date information within its Program.

All information made available to persons accessing the Program has been selected on a given date.

Given the nature and complexity of the technologies implemented, ESPACE DES MARQUES and the Program Beneficiaries acknowledge that the Website providing access to information concerning the Program may contain anomalies, malfunctions, interruptions and periods of unavailability.

In the event of any malfunction or incident of any kind during the use of the Program, the Beneficiary must immediately inform ESPACE DES MARQUES.

ESPACE DES MARQUES shall not be held liable for any error or omission. Any update, new service or new feature that improves or expands one or more existing information contents shall be subject to these Terms.

Equipment (including computers, telephones, software and electronic communication means) enabling access to and use of the Program on the Website shall remain the sole responsibility of the Beneficiaries, as shall electronic communication costs (including telephone and Internet access costs) arising from their use.

The Beneficiary acknowledges that they use the Website to access the Program at their own risk and that they must carry out any necessary and/or useful checks before any use under their sole responsibility.

Under these Terms and Conditions, the Beneficiary has been informed that they must ensure:

compliance with the required technical recommendations;

that they possess the necessary skills and sufficient information for optimal use of the Website.

The Beneficiary remains fully and exclusively responsible for the use of information obtained on the Website.

In general, each Beneficiary undertakes to use the Program:

in compliance with laws, regulations and third-party rights;

fairly and in accordance with its intended purpose, while complying with these Terms and applicable regulations.

Article 9 - Complaints

Article 9.1. Complaints regarding the granting of benefits

In the event of a complaint, the Beneficiary may send a request to ESPACE DES MARQUES so that a review may be carried out. This request must be made:

via the contact form available on the Website at: here;

by calling customer service at +33 (0)2 51 20 87 09 (local call charges apply);

by writing to JO INVEST (holding company of ESPACE DES MARQUES): 7 allée Blaise Pascal, Z.A. Les Acacias - 85540 La Boissière des Landes.

The Beneficiary must attach to their complaint:

their full contact details (surname, first name, gender, address, postal code, city and customer account email);

the original receipt (no photocopies).

To facilitate investigations, ESPACE DES MARQUES advises the Beneficiary to send their complaint within one month from the granting of the benefit. If the review indicates that the anomaly is attributable to ESPACE DES MARQUES, the Beneficiary’s Loyalty account will be credited with the benefits not granted.

It is specified that the data transmitted as part of the Beneficiary’s complaint will be retained by ESPACE DES MARQUES for the duration of the applicable statutory limitation period.

Any complaint made after the validity period of a benefit has expired will not be taken into account.

For any complaint concerning the use of benefits, ESPACE DES MARQUES must be contacted:

via the contact form available on the Website at: [insert URL];

by calling customer service at +33 (0)2 51 20 87 09 (local call charges apply);

by writing to JO INVEST (holding company of ESPACE DES MARQUES): 7 allée Blaise Pascal, Z.A. Les Acacias - 85540 La Boissière des Landes.

The complaint must, in all cases, be submitted within 2 months from the use of the benefits.

In particular due to the possibility of fraud relating to the use of benefits, ESPACE DES MARQUES will send the Beneficiary a declaration template under which the Beneficiary will confirm that they have never used the benefits subject to their complaint.

The Beneficiary must handwrite, date and sign the declaration. In accordance with Article 202 of the French Code of Civil Procedure, the Beneficiary must attach to this declaration a copy of any official identity document containing their signature. ESPACE DES MARQUES reserves the right to submit these documents to judicial authorities in order to contribute to the identification of fraud perpetrators.

After the two-month period and/or in the absence of a duly signed declaration (together with proof of identity), the Beneficiary’s loyalty wallet may not be re-credited.

In the event of a justified complaint submitted within the aforementioned period, ESPACE DES MARQUES will re-credit the loyalty wallet with the amount of the benefits subject to the complaint.

It is specified that the data transmitted as part of the Beneficiary’s complaint will be retained by ESPACE DES MARQUES for the duration of the applicable statutory limitation period.

As part of the Program, the Beneficiary undertakes to use the Site and all information to which they may have access solely for informational purposes and in compliance with public order, good morals, and the rights of third parties.

Accordingly, the Beneficiary is prohibited from publishing or transmitting via the Site any unlawful, harmful, defamatory, pornographic, hateful, racist, or otherwise degrading content, particularly content that infringes upon human dignity. Should ESPACE DES MARQUES be informed of the presence of unlawful content on the Site, ESPACE DES MARQUES shall be entitled to immediately remove such content and prevent the Beneficiary from accessing the Site.

Furthermore, the Beneficiary undertakes not to disrupt the use of the Site by other Beneficiaries and not to access restricted sections of the Site.

Article 11.1. Intellectual Property of ESPACE DES MARQUES

ESPACE DES MARQUES owns the rights to the logos, texts, images, graphics, and all components of the Program and its various media. In accordance with Article L122-4 of the French Intellectual Property Code, any full or partial representation or reproduction made by any means whatsoever, without the prior express consent of ESPACE DES MARQUES, is unlawful. The same applies to translation, adaptation, transformation, arrangement, or reproduction by any process whatsoever.

Article 11.2. Third-Party Intellectual Property

Elements belonging to third parties, such as film excerpts, trademarks, logos, images, texts, and sounds, without this list being exhaustive, remain the exclusive property of their respective authors and are protected under copyright law, trademark law, or any other rights recognized by applicable laws.

The Beneficiary shall refrain from infringing, directly or indirectly, upon the property rights of third parties whose content appears on the Site and shall not exploit such elements in any manner whatsoever.

The Beneficiary undertakes to respect all third-party rights relating to content available on the Site.

As part of joining the loyalty program, ESPACE DES MARQUES collects and processes personal data relating to the Beneficiary in compliance with the applicable regulations in force.

This information is necessary to process the Beneficiary’s membership in the Program and to allow them to benefit from the associated advantages.

In addition, ESPACE DES MARQUES shares certain data with partners for statistical purposes, to improve customer knowledge, establish customer profiles, personalize communications, and, where the Beneficiary has consented to advertising cookies, personalize advertisements displayed on our website or external websites, including on behalf of third-party advertisers.

The Beneficiary undertakes never to use another Beneficiary’s account without authorization.

The Beneficiary is solely responsible for activities occurring through their account and must keep their secure password confidential. In the event of password loss, the Beneficiary undertakes to immediately notify ESPACE DES MARQUES of any security breach or unauthorized use of their account. ESPACE DES MARQUES shall not be held liable for losses caused by unauthorized use of the Beneficiary’s account.

The personal data collected concerning the Beneficiary shall be retained for the period necessary to fulfill the purposes described above, extended by the applicable statutory limitation period.

In accordance with personal data protection regulations, the Beneficiary is informed that they have the right to access, inquire about, rectify, and object on legitimate grounds to the processing of their data, including for commercial prospecting purposes, as well as the right to provide instructions concerning the handling of their data after death. These rights may be exercised by email at [.] or by post at the following address [.] together with a copy of proof of identity where necessary.

For more information regarding the processing of personal data and the extent of their rights, the Beneficiary is invited to consult the Privacy Policy, available here.

ESPACE DES MARQUES reserves the right to establish hyperlinks on its Site providing access to web pages other than those of its own Site, over which ESPACE DES MARQUES exercises no control.

ESPACE DES MARQUES disclaims all liability regarding the conditions of access to such web pages, their operation, their use of users’ personal data, and the content of information provided on such pages through the activation of hyperlinks.

A Beneficiary who owns a personal website and wishes to place, for personal purposes, a simple link directly to the homepage of the ESPACE DES MARQUES Site must obtain the express authorization of ESPACE DES MARQUES before establishing such a link. This provision does not apply to referral links, which users are authorized to share freely.

Under no circumstances shall such authorization be considered an implied affiliation agreement.

In all cases, hyperlinks directing to the Site without the authorization of ESPACE DES MARQUES must be removed upon first request by ESPACE DES MARQUES.

To enable users to benefit from the services offered by the Program on the Site, such as browsing, optimizing usage, or personalizing the experience according to the user, the Site uses Cookies. To learn more about our cookie policy, please click on this link.

The Beneficiary acknowledges that the fact that ESPACE DES MARQUES tolerates a situation shall not result in granting the Beneficiary any acquired rights.

Furthermore, such tolerance may not be interpreted as a waiver of the right to enforce the relevant rights.

In the event of interpretation difficulties arising from a contradiction between any headings appearing at the beginning of clauses and any clause itself, the headings shall be deemed nonexistent.

Should one or more provisions of these General Terms and Conditions of Use of the Program be deemed invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the remaining provisions shall retain their full force and effect.

For the performance of this agreement and unless otherwise specified, the Beneficiary agrees to send all correspondence to the registered office of ESPACE DES MARQUES.

ESPACE DES MARQUES disclaims all liability in the event of disputes, regardless of the reason, between Beneficiaries that are not directly attributable to ESPACE DES MARQUES.

Given the global nature of the Internet, users are informed that they must comply with all applicable laws and regulations in the country in which they reside.

These Terms and Conditions are governed by French law. However, if the Customer resides in a Member State of the European Union other than France, they may benefit from the law of their country of residence if it provides greater protection than French law.

Any disputes relating to the use of the Program that cannot be settled amicably shall be brought before the competent courts of the Beneficiary’s place of residence or the jurisdiction of the registered office of ESPACE DES MARQUES.

Please contact us at: sav@espace-des-marques.com or by post at the following address:

JO INVEST (holding company of ESPACE DES MARQUES)

7 allée Blaise Pascal

Z.A. Les Acacias

85540 La Boissière des Landes

France

in order to report any violation of the General Terms of Use or to ask any questions concerning the Terms and Conditions, the Privacy Policy, and/or the Site.