Terms and Conditions for the LToys Customer Card

Last updated: 1st March 2019

1. General considerations

The following terms and conditions (the "Terms and Conditions") apply to the customer card (the "Customer Card") for LTOYS S.à r.l., a private limited liability company (société à responsabilité limitée) having its registered office at 141 route de Trèves, L-6940 Niederanven, Grand Duchy of Luxembourg, and registered with the Luxembourg Registry of Trade and Companies (Registre de Commerce et des Sociétés, Luxembourg) under number B 220946 (the "Company").

The acceptance and use of the Customer Card is subject to prior acceptance of these Terms and Conditions. By using the Customer Card, the Holder (as defined below) acknowledges having read and accepted these Terms and Conditions.

The Company reserves the right to amend these Terms and Conditions at any time, at its complete discretion. The amended Terms and Conditions will apply automatically to the Customer Card. The latest version in French on the ltoys.lu website (the "Website") shall be the applicable version.

2. Issue of the Customer Card

The Customer Card is issued and assigned by the Company to any natural person over eighteen (18) years of age at their request by completing and validated the form available at the reception desk of the Company's store at 141 route de Trèves, L-6940 Niederanven, Grand Duchy of Luxembourg (the "Store") or on the Company's Website (the "Form"). Requests by post or telephone are not accepted. Any Form that is incomplete, inaccurate or illegible may be refused at the Company's complete discretion. The Company reserves the right to request the production of identification to prove the identity of the person wishing to obtain the Customer Card.

Solely the Holder is responsible for the information indicated in the Form. The Company shall incur no liability if the Holder committed an error in providing his/her information.

The Customer Card is immediately activated when issued and has a unique identification number (the "Identification Number").

The Customer Card may only be issued to a single customer and one sole household (the "Holder"). The Customer Card is not transferable and may only be used by its Holder.

When the Customer Card is issued pursuant to the Holder's request in a Store, the Holder is given a hard-copy Customer Card.

When the Customer Card is issued pursuant to the Holder's request on the Website, the Holder receives confirmation by email, at the address indicated on the Form, of his/her receipt of the Customer Card as well as of the Identification Number. The Customer Card Holder may indicate whether he/she wishes to obtain a hard-copy Customer Card, in which case the hard-copy Customer Card will be issued and the Customer may choose to either have it sent to him/her by post at the address indicated on the Form, or made available at the reception desk of Company's Store.

The Customer Card is free of charge and not dependent upon the purchase of products sold by the Company.

The Customer Card is the property of the Company and the Company reserves the right to cease the issue thereof, to withdraw it or end the Company's loyalty program (the "Loyalty Program").

3. Use of the Customer Card

The Customer Card may be used in the Company Store when paying at the cash register, in cash or by bank card, as well as for purchases on the Website by using the Identification Number.

Use of the Customer Card is left to the complete discretion and subject the total liability of the Holder, who may claim no indemnisation or compensation for use thereof.

The Company reserves the right to offer special offers or commercial offers under more advantageous conditions to its customers with Customer Cards.

4. Obtaining Points

The Holder obtains points (the "Points") when paying for purchases in the Store or on the Website by presenting the Customer Card or entering the Identification Number in his/her account on the Website before concluding the transaction.

Each full euro (€) spent in the Store or on the Website allows the Holder to obtain one (1) Point, except for when buying gift cards issued by the Company (a "Gift Card"). Points will be credited for purchases made with a Gift Card when using the Gift Card. Additional Points may be given for a temporary period for certain products indicated thusly in the Store, on the Website or by any other means established by the Company, in particular by email.

At the Company's discretion, certain products may also be excluded from the Loyalty Program and not result in a Holder's receiving Points. The excluded products will be identified in the Store, on the Website or by any other means used by the Company.

In case of a return of a product, the Points awarded when it was purchased will be deducted from the Point balance of the Customer Card concerned. The balance may be negative if the Holder does not have sufficient Points to cover the deduction when the product is returned.

5. Use of Points

When the Holder has accumulated one hundred (100) Points, he/she may obtain a reduction of five (5) euros on his/her purchases:

• in the Store, by presenting his/her Customer Card and indicating the number of Points he/she wishes to use prior to paying for his/her purchases; or
• on the Website, by indicating the Identification Number before payment of the transaction and by selecting the number of Points he/she wishes to use.

The Points may be used by tranches of one hundred (100) Points which result in a reduction of five (5) euros.

The price for the products purchased must be equal to or greater than the amount of Points converted into euros.

The Points converted into euros at the conclusion of a transaction will automatically be deducted from the balance of the Points of the Customer Card concerned.

6. Validity of Points

Points are valid for a period of twenty-four (24) months from the date of the purchase giving rise to their being credited to the Holder (the "Validity Period").

Beyond this period, unused Points will be cancelled and can provide no advantage.

7. Presentation of the Customer Card

The Customer Card must be presented when making a purchase in the Store or the Identification Number indicated in the customer account when making a purchase on the Website. Should it not be presented, its Holder may not take advantage of the Loyalty Program by collecting Points. However, if by keeping the cash register receipt or invoice issued from the completion of a sale (together, the "Proof of Purchase") and simultaneously presenting the Proof of Purchase with the Customer Card at the Store's reception desk, its Holder may recover the Points associated with that Proof of Purchase. Purchases made before requesting the creation of a customer card are not concerned. Purchases made before requesting the creation of a customer card are not concerned. The Company will credit a Customer Card with Points from earlier purchases on presentation of the related Proof of Purchase for a maximum period of six (6) months from the issue of the Proof of Purchase.

8. Theft, loss or fraudulent use of the Customer Card

If the Customer Card is lost, stolen or fraudulently used, the Holder shall be solely liable and may obtain neither indemnification nor compensation therefor from the Company.

The Holder must inform the Company of any theft, loss, destruction or fraudulent use of his/her Customer Card as soon as possible. Should he/she not do so, the Holder shall bear all consequences and the Company shall be discharged of all liability related thereto.

In case of loss, theft or destruction of the Customer Card, the Company shall cancel the Customer Card concerned after having been informed thereof by the Holder, as soon as the Holder establishes with certainty that he/she is the owner. The Company shall issue a new Customer Card at the request of a cancelled Customer Card Holder due to the loss, theft or destruction thereof. The entirety of unused the Points on the cancelled Customer Card in this context will be transferred to the new Customer Card. The Company is liable neither for fraudulent use of the Customer Card, nor for Points converted on a lost or stolen Customer Card.

The Company reserves the right to cancel a Customer Card in case of fraudulent use of it, in which case the accumulated Points on it shall be definitively lost, without prejudice to the Company's right to bring legal action.

9. Balance of the Points

The balance of the Points on a Customer Card may be consulted by its Holder on each cash register receipt or on his/her customer account on the Website. Crediting of the Points may be slightly delayed.

No dispute of a balance will be processed in the absence of the presentation of the Customer Card and of the related Proof of Purchase.

In case of a divergence between the balance of the Points on a cash register receipt and that on the Website, the balance indicated on the cash register receipt shall be the authoritative figure.

10. Duration of Customer Card validity

Provided that the Company continues its Loyalty Program, Customer Cards shall remain active when they are used by the Holder at least once every two (2) years. In case of non-utilisation of the Customer Card for a period of twenty-four (24) consecutive months, the Customer Card shall be automatically cancelled and the Points accumulated on it shall be definitively lost, without the Holder being eligible for any form of compensation or indemnification.

11. Cancellation of Customer Card

The Holder may cancel the Customer Card by informing the Company's customer service of his/her desire to do so at the contact information on the Website, by indicating his/her last and first names, email and street addresses, the Identification Number and the reason for the cancellation. The cancellation shall be confirmed by email or post, at the Company's discretion, at the address indicated by the Holder. The Holder is solely liable for the information provided when making that request. The Company incurs no liability if the Holder committed an error in providing the information.

12. Personal Data protection

The Holder's personal data shall be processed by the Company, in its capacity as controller, pursuant to the laws and regulation in force governing the processing of personal data, particularly the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, and any other national law or regulation governing the processing of personal data in the context of the Loyalty Program.

To be informed on the processing of your personal data in the context of the Loyalty Program, please read our online privacy policy on the Website.

13. Waiver

The Company's failure to assert, or tardiness in asserting, a right flowing from these Terms and Conditions may under no circumstances be considered as a waiver, even implicit, by the Company of its right to later assert that right or any other right under these Terms and Conditions.

14. Applicable law and jurisdiction

• 14.1. The Terms and Conditions shall be governed by and interpreted under the laws of the Grand Duchy of Luxembourg, or the laws of the country in which the Holder has his/her usual residence.
• 14.2. In case of a dispute, if the Company and the Holder (together, the "Parties") are unable to amicably settle the dispute, the Parties agree to seize the courts of the Grand Duchy of Luxembourg or, if it differs, the competent legal tribunal as defined in the rules of legal competence applicable to the Holder, for any dispute related to the entry into, interpretation, execution or cancellation of these Terms and Conditions.