Q: 1. PRIVACY

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af" dir="inherit">VIA Outlets is committed to protecting your privacy and only uses any personal data that we collect form you, or that you provide to us, in accordance with applicable data protection laws and regulations. Please read our Privacy Policy available at <style data-emotion="css h82jag">.css-h82jag{margin-bottom:3px;}</style><a target="_blank" class="chakra-link css-h82jag" url="http://www.wroclawfashionoutlet.com/en/privacy-policy/" href="http://www.wroclawfashionoutlet.com/en/privacy-policy/">www.wroclawfashionoutlet.com/en/privacy-policy/</a> and our Cookie Policy available at <a target="_blank" class="chakra-link css-h82jag" url="http://www.wroclawfashionoutlet.com/en/cookies" href="http://www.wroclawfashionoutlet.com/en/cookies">www.wroclawfashionoutlet.com/en/cookies</a> to understand our practices.</p></div>

Q: 2. OTHER TERMS THAT MAY APPLY TO YOU

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af">VIA Outlets and/or associated companies offer a number of benefits through the Website. For example, we operate a VIP Programme and Fashion Club and from time to time may advertise and run competitions on the Website. Additional terms and conditions will apply to such benefits. We will direct you to the additional terms and conditions at the time that you interact with us in relation to the relevant benefits. Please read the applicable terms and conditions carefully. By accepting a benefit (for example, by joining the VIP Programme or Fashion Club or entering a competition), you signify your agreement to be bound by the additional terms and conditions applicable to that benefit. </p><p class="chakra-text css-1ui6af" dir="inherit">If there is a conflict between these Terms and the terms that apply to a benefit offered through the Website, the terms that apply to that benefit shall take precedence to the extent of such conflict.</p></div>

Q: 3. OWNERSHIP

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af">All intellectual property rights and associated rights, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to know-how (“<style data-emotion="css in3yi3">.css-in3yi3{font-weight:bold;}</style><b class="chakra-text css-in3yi3">Intellectual Property Rights”</b>), related to the Website and all text, user interfaces, visual interfaces, graphics, illustrations, photographs, trademarks, logos, computer code and other related material (together, “<b class="chakra-text css-in3yi3">Content</b>”), including but not limited to the design, arrangement, structure, selection, coordination, expression and “look and feel” of the Content, contained on the Website are owned, controlled or licenced by or to VIA Outlets. All such rights are reserved.</p><p class="chakra-text css-1ui6af" dir="inherit">Nothing in the Terms constitutes the transfer of any Intellectual Property Rights from us to you. If you comply in full with these Terms, VIA Outlets grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access and use the Website, for personal use only.</p></div>

Q: 6. DESCRIPTION OF PRODUCTS AND/OR SERVICES AND OTHER INFORMATION

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af">Nothing in the Website constitutes an offer to buy or sell products and/or services in any jurisdiction since the Website is provided for information purposes only. All details, descriptions and prices of, and other information relating to, products and/or services appearing on the Website are of a general nature only. VIA Outlets does not guarantee that any product and/or service appearing on the Website is or will be available in stock at Wrocław Fashion Outlet at the time you wish to purchase any particular product and/or service.</p><p class="chakra-text css-1ui6af" dir="inherit">We take reasonable care to ensure that all information is correct at the time when such information was uploaded to the Website, but it is subject to change and, to the extent permitted by applicable laws and regulations, we make no representations, warranties or guarantees, whether express or implied, that the information on the Website is accurate, complete or up to date. We therefore advise you to check information concerning a retailer with them or information concerning our products and services with us.</p></div>

Q: 9. BRAND OFFERS (INCLUDING JOB OFFERS)

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af" dir="inherit">Offers (including job offers) may be published on the website for and on behalf of the brands trading in our Centre. We take no responsibility nor provide any guarantee on the accuracy of the offers. For any questions please contact the brands directly (contact details are included in the relevant offer).</p></div>

Q: 11. INDEMNITY

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af" dir="inherit">You agree to indemnify, release and hold VIA Outlets and its associated companies harmless from any claim, liability, loss, expense or demand related to your breach of these Terms.</p></div>

Q: 12. GOVERNING LAW AND JURISDICTION

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af" dir="inherit">The Website is controlled and operated from our offices in the Poland. You and we both agree that these Terms and all matters arising out of or in connection with your access to and use of the Website and its Content (including all disputes) shall be governed by Polish law. You and we both agree that the Polish courts shall have non-exclusive jurisdiction to settle any disputes that may arise out of or in connection with these Terms, meaning that you may bring a claim to enforce your consumer protection rights in connection with these Terms in the courts of Poland or in the courts of the country in which you live.</p></div>

Q: 13. GENERAL

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af">These Terms contain the entire understanding between you and VIA Outlets with respect to the use of the Website. No representation, statement or inducement (whether oral or written) not contained in these Terms (as updated from time to time) shall be binding on either you or us.</p><p class="chakra-text css-1ui6af">If at any time any provision of these Terms is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.</p><p class="chakra-text css-1ui6af" dir="inherit">We may transfer our rights and obligations arising from these Terms to a third party and we will notify you of this on the Website.</p></div>

Q: 14. QUESTIONS OR COMPLAINTS

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af" dir="inherit">If you have any questions or complaints regarding these Terms or any other matter, you may contact VIA Outlets by writing to us at Wrocław Fashion Outlet, Biuro Administracji, ul. Graniczna 2, 54-610 Wrocław, Poland or by emailing us at <style data-emotion="css h82jag">.css-h82jag{margin-bottom:3px;}</style><a class="chakra-link css-h82jag" url="mailto:Marketing.Wroclaw@viaoutlets.com" href="mailto:Marketing.Wroclaw@viaoutlets.com">Marketing.Wroclaw@viaoutlets.com</a>.</p></div>

Q: GENERAL TERMS & CONDITIONS WI-FI - INTRODUCTION

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af">These general terms and conditions apply to the free use of the Wi-Fi network of Wroclaw Fashion Outlet (the “Centre”). By logging in on the Wi-Fi network of the Centre, you confirm that you have read and understood these General Terms and Conditions and that you agree to them. If you do not agree to these General Terms and Conditions, do not use the Service.</p><p class="chakra-text css-1ui6af" dir="inherit">These General Terms and Conditions and all revisions thereto are accessible at all times on the website of the Centre at <style data-emotion="css h82jag">.css-h82jag{margin-bottom:3px;}</style><a class="chakra-link css-h82jag" url="http://www.wroclawfashionoutlet.com/" href="http://www.wroclawfashionoutlet.com/">www.wroclawfashionoutlet.com</a>.</p></div>

Question 1

WEBSITE TERMS AND CONDITIONS - INTRODUCTION

Accepted Answer

Niniejsze warunki i zasady („Warunki”) regulują zasady utrzymywania przez nas witryny www.wroclawfashionoutlet.com („Witryna”) oraz dostęp do niej i korzystanie z niej przez Użytkowników, bez uszczerbku dla wszelkich obowiązujących przepisów prawa.

Należy uważnie przeczytać niniejsze Warunki przed skorzystaniem z Witryny. Korzystając z Witryny, Użytkownik potwierdza, że niniejsze Warunki są wiążące. Jeśli Użytkownik nie zgadza się z tymi Warunkami, nie powinien korzystać z Witryny.

Witryna jest obsługiwana i utrzymywana przez VIA Wrocław spółkę z ograniczoną odpowiedzialnością zarejestrowaną pod numerem KRS (Krajowy Rejestr Sądowy) 0000289374 (prowadzony przez Sąd Rejonowy dla m.st. Warszawy w Warszawie, XII Wydział Gospodarczy Krajowego Rejestru Sądowego), kapitał zakładowy 19.864.500,00 PLN, numer NIP 5272552242, z siedzibą przy ul. Złotej 59, 00-120 Warszawa, Polska. Odniesienia w niniejszych Warunkach do „VIA Outlets”, „my”, „nas” lub „nasz” stanowią odniesienie do tego podmiotu.

Warunki te mogą ulegać okresowym zmianom. Aktualna wersja Warunków zostanie opublikowana na tej stronie. Użytkownik powinien regularnie odwiedzać tę stronę i przeglądać niniejsze Warunki, ponieważ uznajemy, że Użytkownik akceptuje takie zmiany i zgadza się, że zmiany te są wiążące, jeśli będzie nadal korzystać z Witryny po opublikowaniu dowolnych zmian w niniejszych Warunkach.

Niniejsze Warunki nie wpływają na prawa ustawowe Użytkownika.

Question 2

1. PRIVACY

Accepted Answer

VIA Outlets is committed to protecting your privacy and only uses any personal data that we collect form you, or that you provide to us, in accordance with applicable data protection laws and regulations. Please read our Privacy Policy available at www.wroclawfashionoutlet.com/en/privacy-policy/ and our Cookie Policy available at www.wroclawfashionoutlet.com/en/cookies to understand our practices.

Question 3

2. OTHER TERMS THAT MAY APPLY TO YOU

Accepted Answer

VIA Outlets and/or associated companies offer a number of benefits through the Website. For example, we operate a VIP Programme and Fashion Club and from time to time may advertise and run competitions on the Website. Additional terms and conditions will apply to such benefits. We will direct you to the additional terms and conditions at the time that you interact with us in relation to the relevant benefits. Please read the applicable terms and conditions carefully. By accepting a benefit (for example, by joining the VIP Programme or Fashion Club or entering a competition), you signify your agreement to be bound by the additional terms and conditions applicable to that benefit.

If there is a conflict between these Terms and the terms that apply to a benefit offered through the Website, the terms that apply to that benefit shall take precedence to the extent of such conflict.

Question 4

3. OWNERSHIP

Accepted Answer

All intellectual property rights and associated rights, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to know-how (“Intellectual Property Rights”), related to the Website and all text, user interfaces, visual interfaces, graphics, illustrations, photographs, trademarks, logos, computer code and other related material (together, “Content”), including but not limited to the design, arrangement, structure, selection, coordination, expression and “look and feel” of the Content, contained on the Website are owned, controlled or licenced by or to VIA Outlets. All such rights are reserved.

Nothing in the Terms constitutes the transfer of any Intellectual Property Rights from us to you. If you comply in full with these Terms, VIA Outlets grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access and use the Website, for personal use only.

Question 5

4. AVAILABILITY AND FAULTS

Accepted Answer

Whilst VIA Outlets aims to ensure that the Website, its Content, any features or benefits offered through the Website and any information contained on it, are error-free, uninterrupted and free from bugs and viruses, due to the nature of the internet, we cannot guarantee this.

We are under no obligation to update any information contained on the Website. We are entitled to modify, edit, suspend, discontinue or terminate (temporarily or permanently), the Website (or any portion or portions of it), its Content, any features or benefits offered through the Website and/or any information contained on it (or any portion or portions of those) with or without notice, for business or operational reasons. Your ability to access and use the Website may also be restricted from time to time to allow for repairs, maintenance or the introduction of new Content, features or benefits. We will attempt to limit the frequency and duration of any such restriction.

Access to or use of the Website (including its Content, any features or benefits offered through it or any information contained on it) may be prohibited by law in certain countries or jurisdictions. We make no guarantee that the Website (including its Content, any features or benefits offered through it or any information contained on it) is appropriate or available for use in locations outside Poland. If you choose to access the Website from outside Poland, you do so on your own initiative and are responsible for compliance with all applicable laws and regulations of the country from which you are accessing or using the Website.

The Website and its Content are provided on an “as-is” and “as-available” basis and, to the extent permitted by applicable laws and regulations, made without any representations, warranties or guarantees of any kind.

Each and every access and use of the Website is made at your own risk and responsibility. You should use your own virus protection software.

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and any other applicable terms and conditions (incorporated by reference in section 1 (Privacy) and section 2 (Other Terms That May Apply to You) above), and that they comply with them.

Question 6

5. YOUR USE OF THE WEBSITE

Accepted Answer

You must not:

a) use the Website or its Content in a way that is contrary to its purpose;

b) except as expressly permitted in these Terms, copy, reproduce, republish, duplicate, re-transmit, sell, distribute or otherwise exploit any part of the Website or its Content for any commercial purpose without obtaining our prior consent;

c) make derivative use of the Website or its Contents;

d) download or copy information on the Website for the benefit of another business;

e) knowingly introduce to the Website or otherwise use the Website with a device that contains, viruses, Trojan horses, worms, bots or other malicious software or technologically harmful material that can alter, damage, disable, infect or delete the Website or make it unavailable or inaccessible;

f) attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

g) knowingly use any manual or automated software, device, program or other process to "crawl", "spider" or “scrape” any Content, including price listings, or to obtain or attempt to obtain any data, information or other materials related to the Website through any means not purposely made available on the Website;

h) decompile the Website or its Content or apply reverse engineering to it;

i) test, interfere with, remove or circumvent security measures or technical limitations (including limitations to the use) of the Website, or of any computer systems, servers or networks connected to the Website;

j) gain or attempt to gain unauthorised access to the Website or any part of it, or any computer systems, servers or networks connected to the Website, or to any benefits offered through the Website, by hacking or other illegal or illegitimate means;

k) infringe any third party’s Intellectual Property Rights or other rights related to the Website;

l) use the Website or its Content for any purpose that is illegal or prohibited by these Terms, or solicit the performance of any illegal activities or other activities which infringes the rights or commercial interests of VIA Outlets or others;

m) in using the Website, knowingly provides us with false or misleading information; and/or

n) interfere with any other person’s access to, use or enjoyment of, the Website.

We reserve the right to suspend or prevent your access to the Website (or any portion or portions of it) if we believe that you are accessing or using the Website in any way that is in breach of these Terms. If you print off, copy or download any part of the Website in breach of these Terms, you must, at our option, return or destroy any copies of the materials you have made.

Question 7

6. DESCRIPTION OF PRODUCTS AND/OR SERVICES AND OTHER INFORMATION

Accepted Answer

Nothing in the Website constitutes an offer to buy or sell products and/or services in any jurisdiction since the Website is provided for information purposes only. All details, descriptions and prices of, and other information relating to, products and/or services appearing on the Website are of a general nature only. VIA Outlets does not guarantee that any product and/or service appearing on the Website is or will be available in stock at Wrocław Fashion Outlet at the time you wish to purchase any particular product and/or service.

We take reasonable care to ensure that all information is correct at the time when such information was uploaded to the Website, but it is subject to change and, to the extent permitted by applicable laws and regulations, we make no representations, warranties or guarantees, whether express or implied, that the information on the Website is accurate, complete or up to date. We therefore advise you to check information concerning a retailer with them or information concerning our products and services with us.

Question 8

7. THIRD PARTY WEBSITES

Accepted Answer

The Website may contain links to other websites operated by unrelated companies and persons (“Third Party Website”). These links are provided for your information only.

The inclusion on the Website of any link to a Third Party Website does not mean that VIA Outlets accepts any responsibility for that Third Party Website, its content or use, or the use of any features, products and/or services made available through that Third Party Website. VIA Outlets has no control over such Third Parties Websites or any information or materials contained on them and has not investigated, monitored or checked any such Third Party Websites for accuracy, completeness or conformance with applicable laws and regulations. VIA Outlets is not responsible for any damages or injuries caused as a result of your use of, or reliance on, Third Party Websites or any information or materials contained on them. You access and use Third Party Websites at your own risk.

VIA Outlets has some arrangements with carefully selected third party organisations, who may sell you products or services on Third Party Websites linked to the Website and bearing our branding or indicating an association with VIA Outlets, as in the case of gift cards or other similar promotions. When you link through to some of these Third Party Websites they may still be framed by the Website or have VIA Outlets’ branding. In such cases, please be aware that these products and services are sold by a third party. While VIA Outlets selects such third parties carefully, it is not responsible for the products and services, which they offer and sell. Therefore, you should check any terms and conditions of those Third Party Websites and of any products and services which they offer.

Question 9

8. LINKS TO OUR WEBSITE

Accepted Answer

You may create a link to the homepage of the Website from another website or document without VIA Outlets’ prior consent provided you do so in a way that is legal and provided that such link shall not:

a) create a frame or any other browser or border environment around the content of the Website;

b) suggest or imply that VIA Outlets endorses, approves or is in any way associated with: (i) the website or document from which a link to the Website is created; or (ii) any features, products or services of, or available through, the website or document from which a link to the Website is created;

c) display any trade mark(s) used on the Website without VIA Outlets’ prior consent or the prior consent of the owner of such trade mark(s);

d) be placed on a website that is not owned by you;

e) be placed on a website or in a document that contains content that is unlawful, threatening, libellous, defamatory, obscene, pornographic or profane or could constitute or encourage conduct that would be considered a criminal offence or breach of any laws or regulations; and/or

f) portray VIA Outlets, its associated or collaborating companies (including their products and/or services) in a false, misleading, derogatory, or otherwise offensive manner, or in a manner that may damage or take advantage of the reputation of VIA Outlets or its associated or collaborating companies (including their products and/or services).

You are solely responsible for the website or document on which you place a link to the Website and for any representations made or impressions created on that website or in that document concerning VIA Outlets, its associated or collaborating companies or the Website. You are also solely responsible for bringing these Terms to the attention of any person receiving access to the Website via your link. VIA Outlets reserves the right to require that any link or links you create from another website or document in breach of these Terms is removed.

Question 10

9. BRAND OFFERS (INCLUDING JOB OFFERS)

Accepted Answer

Offers (including job offers) may be published on the website for and on behalf of the brands trading in our Centre. We take no responsibility nor provide any guarantee on the accuracy of the offers. For any questions please contact the brands directly (contact details are included in the relevant offer).

Question 11

10. LIABILITY

Accepted Answer

We in our own capacity and on behalf of our associated companies exclude liability arising out of or in connection with access or use of the Website or any website with which it is linked (whether based in contract, negligence, tort, strict liability or any other basis) for any of the following losses:

a) losses from unavailability of the Website or technical faults with the Website;

b) losses caused by denial-of-service attack, viruses or other technologically harmful material;

c) losses caused by the inaccuracy of the Website;

d) losses that were not caused by any breach on our part;

e) any business loss (including loss of profits, business, revenue, contracts, anticipated savings, data, goodwill, wasted expenditure, business interruption or loss of business opportunity); or

f) any indirect or consequential losses that were not foreseeable to both you and us when you commence accessing and using the Website.

In any event, our aggregate liability and that of our associated companies arising out of or in connection with access or use of the Website or any website with which it is linked (whether based in contract, negligence, tort, strict liability or any other basis) shall not exceed the amount of EUR 500.

Nothing in these Terms excludes or limits our liability (or is intended to exclude or limit our liability) for: (i) death or personal injury caused by negligence or willful misconduct; (ii) fraudulent representations; or (iii) any other liability that cannot be excluded or limited by applicable laws and regulations.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you may have additional statutory rights.

Question 12

11. INDEMNITY

Accepted Answer

You agree to indemnify, release and hold VIA Outlets and its associated companies harmless from any claim, liability, loss, expense or demand related to your breach of these Terms.

Question 13

12. GOVERNING LAW AND JURISDICTION

Accepted Answer

The Website is controlled and operated from our offices in the Poland. You and we both agree that these Terms and all matters arising out of or in connection with your access to and use of the Website and its Content (including all disputes) shall be governed by Polish law. You and we both agree that the Polish courts shall have non-exclusive jurisdiction to settle any disputes that may arise out of or in connection with these Terms, meaning that you may bring a claim to enforce your consumer protection rights in connection with these Terms in the courts of Poland or in the courts of the country in which you live.

Question 14

13. GENERAL

Accepted Answer

These Terms contain the entire understanding between you and VIA Outlets with respect to the use of the Website. No representation, statement or inducement (whether oral or written) not contained in these Terms (as updated from time to time) shall be binding on either you or us.

If at any time any provision of these Terms is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.

We may transfer our rights and obligations arising from these Terms to a third party and we will notify you of this on the Website.

Question 15

14. QUESTIONS OR COMPLAINTS

Accepted Answer

If you have any questions or complaints regarding these Terms or any other matter, you may contact VIA Outlets by writing to us at Wrocław Fashion Outlet, Biuro Administracji, ul. Graniczna 2, 54-610 Wrocław, Poland or by emailing us at Marketing.Wroclaw@viaoutlets.com.

Question 16

GENERAL TERMS & CONDITIONS WI-FI - INTRODUCTION

Accepted Answer

These general terms and conditions apply to the free use of the Wi-Fi network of Wroclaw Fashion Outlet (the “Centre”). By logging in on the Wi-Fi network of the Centre, you confirm that you have read and understood these General Terms and Conditions and that you agree to them. If you do not agree to these General Terms and Conditions, do not use the Service.

These General Terms and Conditions and all revisions thereto are accessible at all times on the website of the Centre at www.wroclawfashionoutlet.com.

Question 17

1. DEFINITIONS

Accepted Answer

1.1 In these General Terms and Conditions, the following terms have the following meaning:

General Terms and Conditions: these general conditions for the use of the Service.

Wroclaw Fashion Outlet: the private limited company VIA Wrocław SP Z O. O., Registered address: ul. Złota 59, 00-120, Warsaw, Poland. Company number: KRS 0000289374 kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under number KRS 0000289374, with a share capital of PLN 19,864,500, NIP: 5272552242, REGON: 141088095.

Peripheral Device_:_ the device with which the User makes a connection with the Wi-Fi network.

Privacy Policy: the privacy statement of Wroclaw Fashion Outlet, available via https://www.wroclawfashionoutlet.com/en/privacy-policy/.

Service: the provision of wireless access to the internet via the Wi-Fi network.

User / you: a natural person making use of the Service.

“We” and “Us”: means Wroclaw Fashion Outlet and “our” and “ours” shall be construed accordingly.

Wi-Fi network: an unsecured wireless network offering the User free access to the internet.

Question 18

2. GENERAL

Accepted Answer

2.1 We are entitled at all times to modify and/or supplement these General Terms and Conditions. The most up-to date General Terms and Conditions are brought to the attention of the User before use is made of the Service. If the User continues to use the Service after the modification and/or supplementation of these General Terms and Conditions, the User thereby irrevocably accepts the modified and/or supplemented General Terms and Conditions. If the User does not agree to the modified and/or supplemented General Terms and Conditions, his/her only option is to no longer use the Service.

2.2 In the event that these Terms of Use are partially invalid, the User remains bound by the valid provisions of these Terms of Use. We shall replace the invalid provision(s) by provisions which are valid and which have legal consequences corresponding as closely as possible with the legal consequences of the invalid provision(s), having regard to the content and the object of these Terms of Use.

Question 19

3. USE OF THE WI-FI NETWORK

Accepted Answer

3.1 The Service enables Users to free of charge connect to the Internet by means of the Wi-Fi network. Additional fees; however, may be charged by your (internet) provider.

3.2 We may assume that the User is the actual person logging in with his/her login details (where applicable). We are not liable for damage resulting from any unauthorized access to or use of the Service by third parties.

3.3 The User himself/herself is responsible and liable for all actions performed with the aid of his/her login details when using the Service.

3.4 The Service is intended for your personal use only and in accordance with these General Terms and Conditions. You may not use the Service for any commercial or business purpose and you do not have the right to resell or enable access to the Service to any third party.

3.5 The User is responsible for the configuration of his/her own Peripheral Device. Employees of the Centre cannot assist the User in the installation, programming and/or configuration of a wireless internet connection. The Service is available to your Peripheral Device only when it is within the range of our Wi-Fi network.

3.6 We reserve the right to immediately and without notice, suspend your access to the Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).

3.7 We are at all times entitled, without in any way becoming liable to you, (i) to make procedural and technical alterations and/or improvements to the Service, and/or (ii) to (permanently or temporarily) take the Service out of use, limit the use of the Service, or cancel the Service.

Question 20

4. SECURITY

Accepted Answer

4.1 By using the Service, you acknowledge and agree that the transmission of information via the internet and via the Service may be subject to security, privacy and confidentiality risks. We cannot guarantee the security or confidentiality of your (personal) data transmitted via the Service and therefore any transmission or use of the Service is entirely at your own risk. We recommended that while using the Service you use an approved secure technology and/or a personal firewall. You understand and agree that not all viruses or similar harmful programs can be detected or prevented.

4.2 The data traffic between the Wi-Fi network and Peripheral Device used by the User is sent without encryption. The User accepts the risk that the data in transit can be received by others than for whom they are intended. You are personally responsible for securing the data traffic between the Peripheral Device and the Wi-Fi network against any unauthorized access by third parties. You are also personally responsible for securing the Peripheral Device against viruses, Trojan horses, and other forms of undesired access to the Peripheral Device.

Question 21

5. CONTENT

Accepted Answer

5.1. We do not control, nor are it in any way liable for, data or content that you access or receive via the Service. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content.

5.2 It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the service. We will not be a party to, nor in any way be responsible for, any transaction concerning third party goods and services. You are responsible for all consents, royalties and fees related to third party vendors whose sites, products or services you access, buy or use via the Service.

5.3 We provide this Service to you and other Users free of charge. The Service is intended to support general web browsing activities. Due to limited bandwidth and to ensure a consistent experience for all customers, our Service may not support high-bandwidth actions such as streaming music, streaming video or downloading large files.

5.4 You are not permitted to use the Service for a purpose as listed below or make information, data or content available:

a) which, at our discretion, encourages aggressive behaviour, is discriminating or is otherwise deemed hurtful, offensive or inappropriate or that consist of creating a false identity;

b) that consist of child pornography and/or distributing pornographic materials to minors;

c) in which personal data is made available, other than in compliance with applicable law;

d) which contains viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it, or which can appropriate it or which is intended to circumvent our technical protection measures of and/or the computer systems;

e) which qualifies as or transmits unwanted or unsolicited material or content (spam);

f) which infringes our rights of and/or of third parties, including but not limited to intellectual property rights or rights concerning the protection of privacy;

g) which is fraudulently or in connection with a criminal offence or in any way illegal or unlawful.

5.5 In the event of a suspicion of misuse within the meaning of article 5.4, we may be legally obliged to inform the appropriate authorities of that suspicion. Details of the User will be passed on to the appropriate authorities if we are legally obliged to do so or see any other reason to do so.

Question 22

6. WARRANTIES

Accepted Answer

6.1 Other than expressly set out in these General Terms and Condition and to the greatest extent permitted by law, we make no representations or warranties with respect to the speed, bandwidth quality and reliability of the internet connection made available to you by means of the Service, accuracy and completeness, reliability or usefulness of the Service, or the performance of its obligations hereunder, and we expressly disclaim all warranties and conditions or representations of any kind, whether express, statutory, or by common law, implied or otherwise, including, but not limited to, implied warranties of satisfactory quality or fitness for a particular purpose. The User accepts that the Service only has those functionalities and other characteristics in effect at the moment of Use ('as is' basis).

6.2 We do not guarantee that the Service shall be available to you at all times and without interruptions, faults or disturbances, that the Service shall be effective or the use of the Service shall lead to certain results or that the information provided through the Service shall be accurate, up to date and complete.

6.3 We are not responsible for: (i) the purchase and/or the proper operation of your Peripheral Device; (ii) transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet; (iii) loss, damage, inaccuracy and/or incompleteness of any Content; (iv) making backup copies of any content; (v) any unauthorized use or attempted use of the Service

Question 23

7. INTELLECTUAL PROPERTY RIGHTS

Accepted Answer

Pursuant to the conditions as set out in these General Terms and Conditions, the User acquires a limited, personal, revocable, non-exclusive, non-sub licensable and non-transferable right to use the Service. The User intellectual property rights in relation to the Service are held by the Centre and/or its licensors.

Question 24

8. PERSONAL DATA PROTECTION

Accepted Answer

If you choose to use the Service to access websites, services or content provided by third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies. We have no responsibility for their policies, or third parties’ compliance with them.

Question 25

9. LIABILITY

Accepted Answer

9.1 Each and every use of the Service is for your own risk. The User is personally responsible for all the use that he/she makes of the Service.

9.2 Our liability, whether based upon (attributable) default, unlawful act or any other ground, shall not exceed the amount of EUR 500.

9.3 We are in no way liable for damage or in any other way to the User for any damage arising or resulting from the (temporary), intermittent, or (permanent) unavailability or inaccessibility of the Service.

9.4 You will indemnify (fully compensate) us against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred as a result of any claim resulting from your breach of these General Terms and Conditions.

9.5 There will be no breach of these General Terms and Condition by us in the event we cannot perform any obligations as set out in these General Terms and Conditions if prevented therefrom by force majeure. Force majeure is taken to mean inter alia: illness of employees and/or absence of key employees, power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of our suppliers, shortcomings by third parties which were engaged by us, disruption of the internet connection, DDoS attacks, non-applicability of third party services, hardware failures and failures in (telecommunication) networks and any other unforeseeable conditions.

Question 26

10. TERMINATION

Accepted Answer

10.1 You are entitled to terminate the use of the Service at any time.

10.2 We may suspend the Service or terminate this agreement immediately if you breach your obligations under these General Terms and Conditions, we are told to do so by the government or other regulator or emergency services or if we are no longer able to provide you with the Service.

10.3 Upon termination, for whatever reason, you shall not be able to access and use the Service anymore. We will not be obliged to provide any content or other information to you or convert or export such information.

Question 27

11. COMPLAINTS AND NOTICES

Accepted Answer

In the event of complaints or notices, the User must contact the Centre by sending an email to Privacy.Wroclaw@viaoutlets.com. We endeavour to respond to a complaint or notice as soon as reasonably possible.

Question 28

12. JURISDICTION

Accepted Answer

These General Terms and Conditions and the use of the Service are governed by Polish law. Any disputes arisen as a result of these General Terms and Conditions shall be resolved by the civil court in Warsaw, unless mandatory law determines that the dispute must be brought before another court.

Question 29

13. ZMIANA NINIEJSZYCH OGÓLNYCH WARUNKÓW

Accepted Answer

Unless otherwise stated by us, we will publish any changes to these General Terms and Conditions online www.wroclawfashionoutlet.com.

Question 30

14. LEGALLY VALID VERSION

Accepted Answer

Only the Polish and English versions of these General Conditions are legally valid.

Question 31

FASHION CLUB TERMS AND CONDITIONS - INTRODUCTION

Accepted Answer

These terms and conditions (“Terms”) govern our Fashion Club membership scheme (“Fashion Club”) at Wrocław Fashion Outlet (the “Centre”).

Please read these Terms carefully before joining the Fashion Club. While participating in the Fashion Club you are obliged to observe the Terms.

The Fashion Club at the Centre is operated and provided to you by VIA Wrocław sp. z o.o. with its registered office in Warsaw at 59 Złota Street, 00-120 Warsaw, Poland, registered under the no. 289374 in the National Court Register, maintained by XII Commercial Division of the District Court for the capital city of Warsaw in Warsaw, NIP 5272552242, REGON 141088095, with a share capital of PLN 19,864,500. References in these Terms to “we” or “us” are to this entity.

The data controller of the personal data you provide to us as part of the Fashion Club is VIA Outlets BV, a private company with limited liability incorporated in the Netherlands under Chamber of Commerce number 76586537, having its registered office at WTC Building Schiphol, 4th floor Tower F, Schiphol Boulevard 153, 1118 BG Schiphol, The Netherlands.

The Privacy Policy available at https://wroclawfashionoutlet.com/en/privacy-policy/ provides further information about the data controller of the Fashion Club and how your personal data is collected and used as part of the Fashion Club.

The Fashion Club enables members to receive various benefits from time to time, including the ability to make savings at the Centre by earning loyalty points on particular purchases, and access to special offers, promotions and discounts at the Centre (each a “Benefit” and together, “Benefits”). Please see section 1 (Fashion Club Benefits) for more information about the Benefits of the Fashion Club. Benefits may be subject to their own additional terms and conditions. We will direct you to these additional terms and conditions at the time we communicate with you about the relevant Benefits. Please read those additional terms and conditions carefully before accepting the relevant Benefits. If you accept a Benefit, you need to observe those additional terms and conditions.

These Terms may be amended at any time by us (amended Terms shall be binding only for future transactions; past transactions shall not be affected by the amendment). If you choose to become a member of the Fashion Club, we will notify you of any changes by email. The current version will also be displayed on www.wroclawfashionoutlet.com or can be obtained at the information centre located at Wrocław Fashion Outlet (the “Information Centre”). If you do not agree with any changes that we make to these Terms, please let us know within 14 days from receipt of our email by sending an email to Marketing.wroclaw@viaoutlets.com. By continuing to use your Fashion Club membership after the changes have come into effect, you are deemed to have accepted the latest version of the Terms.

If we propose a change to the Terms that might have a significant effect on you, we may ask for your consent to the change.

If you do not give your consent to a change where we have asked for it (or if you contact us to say you do not agree to a change we have notified to you as stipulated above) then we will cancel your membership of the Fashion Club within one month. Where your membership of the Fashion Club is cancelled then from the date of cancellation you will not be able to redeem Benefits or Loyalty Zlotys.

If at any time any provision of these Terms is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.

Question 32

1. FASHION CLUB BENEFITS

Accepted Answer

1.1. Overview

The Fashion Club enables members to receive various benefits from time to time, including the ability to make savings at the Centre by earning loyalty points on particular purchases (we call these Benefits “Loyalty Zlotys”), and access to special offers, promotions and discounts at the Centre (we call these Benefits “Offers"). For the avoidance of doubt, Loyalty Zlotys do not constitute a payment instrument.

Once you have joined the Fashion Club, we will issue you with a unique code by email. As a member of the Fashion Club you can use this unique code email to participate in the Fashion Club and redeem the Benefits you have earned. Alternatively or in addition to using your unique code email, you can collect a Fashion Club membership card (“Fashion Club Card”) from the Information Centre or you can download and register for our Fashion Club mobile app (“Fashion Club App”). As a member of the Fashion Club you can choose to use either your unique code email, Fashion Club Card or Fashion Club App to participate in the Fashion Club and redeem the Benefits you have earned.

Unique code emails, Fashion Club Cards and the Fashion Club App are limited to one per registered member and are for personal use by the registered member only. Fashion Club Cards (in whatever form) at all times remain our property.

You must present either your unique code email, Fashion Club Card or Fashion Club App at the checkout of the relevant Participating Retailer’s store to redeem the Benefits that are offered by that Participating Retailer. Please see section 1.3 (Loyalty Zlotys) for more information about how to redeem Loyalty Zlotys, and section 1.4 (Offers) for more information about how to redeem Offers.

Provided you have consented to receiving marketing emails from us, as a member of the Fashion Club, we will also send you Offers by email. To redeem these Offers, you may also be required to present the email containing details of the Offer at the relevant Participating Retailer’s store.

1.2. Participating Retailers

Loyalty Zlotys and Offers only apply to brands and retailers at the Centre who choose to participate in the Fashion Club (“Participating Retailers”).

The Participating Retailers may change from time to time. Additionally, it may be the case from time to time that not all Participating Retailers are participating in the Fashion Club in relation to both the Loyalty Zlotys and Offers; some Participating Retailers may only participate in the Loyalty Zlotys and some may only participate in the Offers.

A list of the current Participating Retailers for the Loyalty Zlotys and the current Participating Retailers for the Offers is available at wroclawfashionoutlet.com/en/fashion-club-brands/. We will update this list from time to time so please review this list before visiting the Centre.

1.3 Loyalty Zlotys

(i) Earning Loyalty Zlotys

For every purchase you make at a Participating Retailer’s store, you are entitled to earn 5% of the value (including VAT) of your purchase in Loyalty Zlotys.

The Loyalty Zlotys will be recorded to your Fashion Club membership account.

In order to collect Loyalty Zlotys for a purchase you make at a Participating Retailer’s store, you must present either your unique code email, Fashion Club Card or Fashion Club App at the checkout of that Participating Retailer’s store when you make the purchase. If you forget to do this or you believe that the Loyalty Zlotys were not properly recorded to your Fashion Club membership account at the time of the transaction, you may have the Loyalty Zlotys added up to 14 days after the transaction upon production of a valid original cash register receipt at the Participating Retailer’s store of purchase, provided the receipt belongs to the claiming member and is based on their personal spend. Loyalty Zlotys can only be added in relation to purchases made since you became a member of the Fashion Club. Receipts that pre-date your membership cannot be added. Loyalty Zlotys recorded to your Fashion Club membership account may be removed or cancelled (in whole or in part) if we determine that such points were collected in breach of these Terms or were awarded in error. For the avoidance of doubt, any advice or action of staff members at the Participating Retailers or at the Centre that is contrary to these Terms will not have the effect of changing these Terms.

If you do not use your unique code email, Fashion Club Card or Fashion Club App to earn or redeem Loyalty Zlotys for a continuous period of 12 months, you will lose the Loyalty Zlotys you have earned up to that point. We will inform you in advance.

(ii) Redeeming Loyalty Zlotys

You can redeem Loyalty Zlotys on qualifying purchases at Participating Retailers’ stores. The maximum amount of Loyalty Zlotys that you can put towards a purchase is 25% of the value of that purchase (including VAT). Loyalty Zlotys cannot be converted into money or cashed otherwise.

Exceptionally, redemption may not be possible in combination with special promotions or goods offered with an additional discount to the outlet price. This shall be clearly communicated to you by the Participating Retailer.

In addition, you may be prevented from redeeming Loyalty Zlotys if: (i) the Participating Retailer has justified reason to suspect fraud or misconduct on your part or in the way you are using the Loyalty Zlotys; or (ii) we determine that the Loyalty Zlotys were collected in breach of these Terms or were awarded in error.

(iii) Returning goods for which you have earned or redeemed Loyalty Zlotys

If you earn Loyalty Zlotys when purchasing goods at a Participating Retailer’s store and you later decide to return those goods for any reason, the Loyalty Zlotys recorded to your Fashion Club membership account will be deducted.

If you redeem Loyalty Zlotys when purchasing goods at a Participating Retailer’s store (i.e. you have partially paid for your goods using your Loyalty Zlotys) and you later decide to return those goods for any reason, the Loyalty Zlotys used will not be restored to your Fashion Club membership account. If you earn any Loyalty Zlotys as part of the same transaction the Loyalty Zlotys recorded to your Fashion Club membership account will be deducted as set out above.

When returning goods for which you have earned or redeemed Loyalty Zlotys, the returns policy of the Participating Retailer shall also apply to those goods.

1.4. Offers

(i) Receiving Offers

Participating Retailers may provide Offers for members of the Fashion Club from time to time. You can view the current Offers on our website at [INSERT LINK TO WEB PAGE OF OFFERS] and in the Fashion Club App.

Provided you have consented to receiving marketing communications from us, as a member of the Fashion Club, we will also send you Offers by email. Offers will be subject to availability and subject to their own additional terms and conditions imposed by the offering Participating Retailer (for example, closing dates and exclusions). We will direct you to these additional terms and conditions at the time we communicate with you about the relevant Offer. Please read those additional terms and conditions carefully before redeeming the Offer. If you redeem an Offer, you need to observe those additional terms and conditions.

From time to time, it may be necessary to withdraw or amend Offers from the Fashion Club. Where reasonably practicable, we will provide advance notice of such withdrawals and amendments.

(ii) Redeeming Offers

To redeem an Offer, you must present either your unique code email, Fashion Club Card or Fashion Club App at the checkout of the relevant Participating Retailer’s store. Where you have received an Offer from us by email, you may also be required to present the email containing details of the Offer at the relevant Participating Retailer’s store.

You may be prevented from redeeming an Offer if: (i) the Participating Retailer has justified reason to suspect fraud or misconduct on your part or in the way you are using the Offer; (ii) you are not the owner of the unique code email, Fashion Club Card or Fashion Club App, or (iii) the Offer was communicated to you in error due to a technical fault; or (iv) the Offer is no longer available.

Question 33

2. CZŁONKOSTWO W PROGRAMIE FASHION CLUB

Accepted Answer

2.1 Joining the Fashion Club

To be a member of the Fashion Club, you must be natural person, aged 18 years or older, have full capacity for legal acts and have a valid email address so that we can communicate with you about your membership.

You can apply for membership by completing the application form available at the following locations:

the Centre’s website at www.wroclawfashionoutlet.com;
the Fashion Club mobile app for the Centre, which you can download from the app store of any IOS and Android mobile device. Please note that terms and conditions may be imposed by your service provider or the portal from which you download the mobile app. You should read these carefully before you accept them. These do not form part of your relationship with us. Please also note that whilst the app is available for free, you may incur standard data charges when you download it. Please contact your telecom service provider to find out about data charges that may apply to you.
the Information Centre; and
Participating Retailers’ stores of the Centre.

Membership of the Fashion Club is free for you and involves no obligation to buy any products or services whatsoever.

Membership of the Fashion Club is entirely at our discretion and accordingly we can refuse an application for any reason. An individual may only have one active Fashion Club membership at any one time. We reserve the right to refuse, merge or close additional memberships at any time. We reserve the right to monitor the number of memberships in any household, and the right to cancel any suspected duplicated memberships. In cases stipulated in this paragraph you will have the right to raise a complaint as described in Point 5.

2.2. End of your membership, termination or suspension of the Fashion Club

You may choose to leave the Fashion Club at any time and without reason by sending an email to us at Privacy.wroclaw@viaoutlets.com.

As a member, you must keep us informed of any changes to your personal membership details (for example, your email address). You can inform us of changes to your personal membership details by sending an email to us at Privacy.wroclaw@viaoutlets.com. We will not be responsible for any loss of any Benefits (such as any special offers, promotions or discounts) resulting from your details being out of date or inaccurate.

**We may, at any time, terminate or suspend the Fashion Club. We will endeavour to let you know at least two (2) months in advance, however we may not be able to do so if there are technical problems or security issues or we are required by applicable law to terminate or suspend the Fashion Club on shorter or no notice. **

We also reserve the right to add to or change the Benefits of the Fashion Club, how you earn Loyalty Zlotys and how we evaluate and reward your qualifying purchases and/or other Fashion Club activity. We also reserve the right to place limits on the number of purchases or activities that you can put towards the Benefits of the Fashion Club and/or the number or types of Benefits you may receive or earn in a given time period or for the duration of the Fashion Club, and/or any combination thereof.

We may terminate your membership of the Fashion Club at any time in the event that: (i) we terminate the Fashion Club; (ii) we reasonably believe that you have breached these Terms and/or any additional terms and conditions relating to certain Benefits; or (iii) we reasonably believe that you have behaved in an inappropriate, misleading or abusive manner, or in a way which is fraudulent or illegal.

Where your membership of the Fashion Club is terminated for any reason, from the date of termination you will not be able to: (i) earn any Loyalty Zlotys; (ii) redeem any Loyalty Zlotys already earned; (iii) redeem any Offers made available to you prior to the cancellation of your membership; or (iv) use any other Benefits of the Fashion Club.

Question 34

3. RESPONSIBILITIES AND LIABILITY OF US AND YOU

Accepted Answer

The Fashion Club, unique code email, Fashion Club Card, Fashion Club App and Benefits of the Fashion Club are for personal and private use by members only and must not be used for or in connection with any business transaction or purpose.

The unique code email, Fashion Club Card, Fashion Club App and Benefits of the Fashion Club cannot be transferred (unless expressly mentioned in the additional terms and conditions that apply to a particular Benefit), bought, sold or in any way traded and can only be used by the member who is registered for the unique code email, Fashion Club Card and/or Fashion Club App (as applicable) and has earned or received the Benefits.

The safe-keeping of your unique code email, Fashion Club Card and the Fashion Club App (including the mobile device on to which it is downloaded) (as applicable) is your responsibility, as are any security details relating to your Fashion Club membership account. We cannot be held responsible for any loss arising from you failing to ensure the safe-keeping of these items. You must treat such security details as confidential and must not disclose this information to any third party.

If you notify us that you have lost your Fashion Club Card or there has been a breach of security in relation to your unique code email or the Fashion Club App on your mobile device, we may be able to block your membership account or the unique code which was sent to you by email or is associated with your Fashion Club Card or Fashion Club App (as applicable). Our ability to do so depends on how quickly you inform us of the loss of your Fashion Club Card or breach of security in relation to your email or the Fashion Club App on your mobile device. To notify us, please visit our Information Centre or contact our Information Centre at wfo.infopoint@viaoutlets.com. Please note that, in order to unblock or retrieve your membership, you will need to visit our Information Centre, where we may require you to show us photographic proof of identity so that we can confirm your membership.

Many Offers are subject to an expiry date, beyond which they cannot be used or reissued. Offers that are lost or mislaid will not be reissued. Offers are only redeemable at the Centre and Participating Retailer stated.

In addition, many Benefits that are made available to you as a member of the Fashion Club are offered by Participating Retailers. We do not (other than as required by applicable law): (i) take any responsibility for any Benefit offered by a Participating Retailer; and/or (ii) provide any warranties regarding the goods (including without limitation the quality thereof) that you may obtain through a Benefit offered by a Participating Retailer. You shall have no right to make any claim against us or this Fashion Club in the event that a Participating Retailer fails to honour a Benefit offered by that Participating Retailer. Whilst we will try to ensure that the scanners and system to earn and redeem Loyalty and redeem Offers are available during store opening hours, you understand that there may be circumstances where the scanner and/or system is unavailable and you will not be able to earn or redeem Loyalty or redeem Offers.

Our liability, whether based upon (attributable) default, unlawful act or any other ground shall not exceed the total, cumulative amount of EUR 500 subject to the paragraph below.

Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence or wilful misconduct; (ii) fraudulent representations made by us; or (iii) any other liability that cannot be excluded or limited by applicable law.

Question 35

4. PRYWATNOŚĆ, PLIKI COOKIES ORAZ KORZYSTANIE Z NASZEJ STRONY INTERNETOWEJ

Accepted Answer

We are committed to protecting the privacy of members of the Fashion Club and only use your personal data in accordance with applicable data protection law. Please read our Privacy Policy available at https://wroclawfashionoutlet.com/en/privacy-policy/ to understand how your personal data is collected and used as part of the Fashion Club. The contract between us requires us to process your personal data in accordance with this Privacy Policy.

Please also read our Cookie Policy available at https://wroclawfashionoutlet.com/en/cookies to understand how we use cookies as part of the Fashion Club and our Website Terms available at https://wroclawfashionoutlet.com/en/terms-and-conditions/ to understand how we operate www.wroclawfashionoutlet.com and the conditions upon which you are permitted to access and navigate it.

Question 36

5. HOW WE CONTACT YOU AND HOW YOU CAN CONTACT US

Accepted Answer

We will contact you by email using the contact details you have provided to us from time to time.

If you no longer wish to receive marketing communications from us, leave the Fashion Club or inform us of any changes to your personal membership details, please let us know by sending an email to us at Privacy.wroclaw@viaoutlets.com or by post on the address: Wrocław Fashion Outlet, Biuro Administracji Centrum, ul. Graniczna 2, 54-610 Wrocław.

In case of complaints please let us know by sending an email to us at Marketing.wroclaw@viaoutlets.com or by post on the address: Wrocław Fashion Outlet, Biuro Administracji Centrum, ul. Graniczna 2, 54-610 Wrocław. We will respond to your complaint within 30 days from receiving it.

Question 37

6. GOVERNING LAW AND JURISDICTION

Accepted Answer

The Terms are governed by Polish law, and are subject to the exclusive jurisdiction of the courts of Poland.

Question 38

1. INFORMATION ABOUT WHO WE ARE AND ABOUT THE REGULATION

Accepted Answer

1.1. This Regulation applies to gift cards ("Gift Card") issued by EML Payments Europe Limited (a British company registered with the UK Companies House under number 05852181), with its registered office at Brindleyplace, 4th Floor, Birmingham, England, B1 2LP ("EML"), which can be used at the Shopping Center ("Distributor") for which the Card was issued and whose name appears on the front of the Card.

1.2. The terms "we," "us," or "our" in this Regulation refer to EML. The terms "you" or "your" in this Regulation refer to the person making the purchase or using the specific Gift Card.

1.3. This document contains provisions governing the possession and use of your Gift Card. The agreement concluded under this Regulation is valid for a period of twelve months from the date of purchase of the Gift Card. The agreement is concluded in the Polish language. Polish will be used throughout the communication process between you and us.

1.4. By purchasing or using the Gift Card, you indicate that you accept all the provisions of this Regulation. It is the duty of the purchaser to inform the intended holder of the Gift Card that the use of the Gift Card is subject to the rules specified in this Regulation. The purchaser should also ensure that the cardholder complies with the Regulation.

Question 39

2. OUR GIFT CARDS

Accepted Answer

2.1. The Gift Card can be used to pay for goods and services only at specific merchants (including, where applicable, restaurants and gyms) located within the Distributor's shopping center for which the Gift Card was issued, who accept MasterCard payments and accept our Gift Cards. Before proceeding with a transaction, you should check if a specific merchant accepts our Gift Cards.

2.2. You can use the Gift Card to pay for goods or services up to the current balance available on the Gift Card.

2.3. Our Gift Cards are not subject to regulations on payment services or regulations governing electronic money. The purchase of a Gift Card signifies the purchase of an instrument allowing payment for goods and services according to the terms indicated in the Regulation; The funds transferred to us as payment for the Gift Card do not constitute a deposit. You will not receive any interest on the balance of the Gift Card.

2.4. The Gift Card and its balance are valid for a period of twelve months from the date of purchase (or from the day we receive payment for your order in the case of Gift Cards purchased online). The Gift Card will expire after twelve months from the date of purchase (however, it may be extended in accordance with the provisions specified in point 9.2). On this day, the Gift Card will cease to function, and you will no longer be able to use it.

2.5. If the Gift Card was purchased at an electronic point of sale, the amount that can be loaded onto the Gift Card is determined by the respective shopping center, but it cannot exceed the following amounts:

Minimum top-up limit (PLN) [30]

Maximum top-up limit (PLN) [1000]

Information about the maximum top-up amount available for a specific shopping center can be obtained by contacting the Customer Service Department in accordance with point 14 below.

2.6. The Gift Card will be activated at the point of sale, and the funds will be made available for use within one hour of purchase.

2.7. If the Gift Card was purchased through a card issuing kiosk, the upper top-up limit may vary depending on the nature of the specific Gift Card program. The Gift Card will be automatically activated, and the funds will be made available for use within one hour of purchase.

2.8. If your Gift Card was purchased online, the amount that can be loaded onto the Gift Card is:

Minimum top-up limit (PLN) [30]

Maximum top-up limit (PLN) [1000].

2.9. Gift Cards purchased online require activation upon receipt. The Gift Card can be activated by contacting the Customer Service Department in accordance with point 14 below or by visiting the website www.emlretail.com/balance. The funds will be made available for use within one hour of activation.

2.10. Additional funds cannot be loaded onto your Gift Card after the initial purchase, except in the case where a merchant refunds funds from a transaction to the Gift Card. In such a situation, the refund of funds to the Gift Card will take no more than 3 days from when EML receives them from the merchant.

2.11. Balances from multiple Gift Cards can be consolidated onto one Gift Card. The consolidation of balances from multiple Gift Cards is subject to a fee specified in point 5 below.

Question 40

3. PURCHASE OF A GIFT CARD.

Accepted Answer

3.1. The purchase of a Gift Card is possible at the shopping center or online (information about the exact location of the point of sale and available sales channels for a specific shopping center can be obtained by contacting the Customer Service Department in accordance with point 14 below). The process of purchasing Cards online will be regulated by a separate regulation available at the website https://secure.emlconnect.com/Help/TermsOfUse.

3.2. The Gift Card can be paid for in the following ways (at the discretion of the respective shopping center):

3.2.1. In the case of in-person purchases:

3.2.1.1. By debit/credit card.

3.2.2. In the case of online purchases:

3.2.2.1. By debit/credit card.

3.2.2.2. By bank transfer.

3.3. In the case of payment by bank transfer: 3.3.1. The purchaser is obligated to transfer the funds to the bank account indicated by EML. 3.3.2. The Gift Cards will be issued to the purchaser at the shopping center for which the Gift Cards were issued, within 3 business days from the date of funds being credited to the bank account. EML will inform the purchaser about the possibility of collecting the Gift Card(s) in a manner agreed upon with the purchaser.

Question 41

4. DATA PROTECTION

Accepted Answer

We are committed to ensuring that all personal data we possess is safe, protected, and used responsibly. Information (which may include any personal data provided to us) may be disclosed to third parties in relation to the Gift Card or transactions made using the Gift Card when required by law, for the purpose of handling the Gift Card and processing transactions, to prevent financial crimes, to provide services you request, and, if necessary, to notify you of any changes to the services. This information may also be transferred to countries outside the European Economic Area (EEA). More information regarding data protection can be found in our privacy policy, which can be found at www.emlpayments.com/privacy/.

Question 42

5. FEES AND COMMISIONS

Accepted Answer

Below are the fees and commissions that apply to the purchase and use of Gift Cards:

5.1 Fee for manual intervention related to restoring the validity of an expired Gift Card: 20 PLN

5.2 Cost of a new Gift Card and manual intervention related to the replacement of a lost, stolen, or damaged Gift Card: 20 PLN

5.3 Cost of consolidating the balance of two or more Gift Cards: 5 PLN for consolidating the balance of two Gift Cards; and 1 PLN for consolidating the balance of each additional Gift Card.

The applicable fee will be deducted from the balance of your Gift Card unless you inform us that you want to pay the relevant fee separately.

Question 43

6. HOW TO USE A GIFT CARD

Accepted Answer

6.1. Before using the Gift Card, the person who will use it must sign it on the back if there is a designated space for a signature on the Gift Card.

6.2. We will assume that the transaction has been authorized by you if:

6.2.1. The magnetic strip on the Gift Card has been swiped at the terminal by the merchant; and

6.2.2. There is a signed receipt.

6.3. Usually, we will receive a notification of your authorization through an electronic message in accordance with Mastercard's rules and procedures.

6.4. Once we receive your transaction request, it cannot be stopped or reversed. The value of the transaction will be deducted from the remaining balance on the Gift Card.

6.5. The Gift Card can be used for full or partial payment of purchases. In the case of partial payment, the person using the Gift Card will be responsible for paying the remaining amount of the purchase using alternative methods, such as cash, debit card, or credit card.

Question 44

7. LIMITATIONS ON THE USE OF GIFT CARDS

Accepted Answer

of the provided sentences into English:

7.1. You cannot use the Gift Card at non-participating merchants.

7.2. The Gift Card:

7.2.1. cannot be reloaded after use; 7.2.2. cannot be used for contactless transactions; 7.2.3. cannot be used to withdraw cash from ATMs, banks, or other institutions; 7.2.4. cannot be used to purchase foreign currency; 7.2.5. cannot be used to purchase our Gift Cards; and 7.2.6. cannot be used for mail-order, telephone, online, or other non-face-to-face transactions (including self-service checkouts).

7.3. The Gift Card is not:

7.3.1. linked to a bank account; 7.3.2. a check guarantee card; 7.3.3. a charge card; or 7.3.4. a credit card.

7.4. No interest is accrued on the balance of the Gift Card.

7.5. The Gift Card is not an identity document and is not suitable for identification purposes.

7.6. The Gift Card cannot be used for pre-authorized regular payments, gambling, or any illegal purposes.

7.7. We may limit your ability to use your Gift Card if:

7.7.1. The Gift Card is used for fraudulent purposes or for any other illegal activities or is in any way associated with such activities; or 7.7.2. The user violates or fails to comply with the provisions of the Terms and Conditions.

Question 45

8. GIFT CARD MANAGEMENT

Accepted Answer

8.1. The available balance on the Gift Card will be reduced by the value of each payment made using the Gift Card. When you use the Gift Card to pay for goods or services, the transaction value will be paid to the merchant or service provider through the Mastercard system.

8.2. If you attempt to make a payment exceeding the remaining balance on the Gift Card, the transaction will be declined. If you know the remaining balance on the Gift Card, you can make a partial payment as described in point 6.5 above.

8.3. You can check the available balance on your Gift Card or view a statement of recent transactions by:

8.3.1. Visiting the website www.emlretail.com/balance and using the balance inquiry service.

8.3.2. Contacting the Customer Service Department as specified in point 14 below (please note that call charges may apply; please contact your telephone service provider to determine these charges).

8.3.3. If your Gift Card has a QR code, scanning the QR code with a smartphone, which is visible on the back of the Gift Card (service supported by devices running Apple iOS and Android or Windows Phone operating systems). Please note that data transmission charges may apply; please contact your telephone service provider to determine these charges.

Question 46

9. GIFT CARD VALIDITY AND RIGHT TO RENEWAL

Accepted Answer

9.1. Your Gift Card will expire twelve months from the date of purchase; this date is referred to as the expiration date of your Gift Card. On the expiration date, your Gift Card will cease to function, and you will no longer be able to use it. You will lose the ability to use the remaining funds on your Gift Card on the expiration date. Therefore, we encourage you to use the full balance of your Gift Card before it expires.

9.2. For a period of 90 days from the expiration date of your Gift Card, you can request the restoration of the remaining balance on the card at the time of expiration, subject to the payment of a fee specified in point 5 (Fees and Charges). If you decide to request restoration and pay the appropriate fee, the balance of your Gift Card will be restored and will remain valid for 90 days from the day you requested restoration.

9.3. Before restoring the relevant balance, we may ask you to provide us or the Distributor (acting on our behalf) with proof of ownership of the Gift Card, as well as proof of identity.

9.4. If you are unsure of the expiration date of your Gift Card, please contact Customer Service in accordance with point 14 below.

Question 47

10. DEADLINE FOR WITHDRAWAL FROM THE CONTRACT AND REFUND PROCEDURE

Accepted Answer

10.1. If the Gift Card was purchased online, the consumer who is the purchaser of the Gift Card may withdraw from the contract within 14 days of receiving the Gift Card, without incurring any associated costs. If you are a consumer and you purchased your Gift Card online and wish to withdraw from the contract, please contact Customer Service in accordance with point 14 below or follow the instructions provided in point 10.2 below.

10.2. To meet the deadline specified in point 10.1, it is sufficient to send a declaration of withdrawal by post before the deadline. A customer who withdraws from the contract on the terms indicated in point 10.1 may demonstrate that they are the original purchaser by attaching a receipt or bank statement confirming the purchase of the Gift Card to the declaration of withdrawal. The original purchaser is obliged to return the Gift Card from which they have withdrawn from the contract. The securely packaged postal shipment containing the Gift Card must be sent within 14 days from the date of withdrawal from the contract to the address:

[EML Payments Europe Limited Brindleyplace, 4th Floor, Birmingham, B1 2LP, United Kingdom]

The cost of returning the Gift Card is covered by the purchaser. EML does not accept postal shipments sent on a cash-on-delivery basis.

10.3. Any funds that need to be returned to the purchaser in accordance with point 10.1 will be refunded in the same manner they were received. For example, if the purchaser chose to pay for the Gift Card using a debit or credit card, the funds will be refunded to the same debit or credit card. The refund to the purchaser will be made upon receipt of the Gift Card or proof of its return, whichever occurs earlier.

10.4. If the Gift Card was purchased at a shopping center, the purchaser does not have the right to withdraw from the Gift Card contract.

Question 48

11. SECURE STORAGE OF THE GIFT CARD AND ITS DATA

Accepted Answer

You are responsible for securely storing your Gift Card and its associated data. Take all appropriate measures to prevent loss, theft, or misuse of the Gift Card and its data. Do not disclose any details related to the Gift Card to anyone unless absolutely necessary, such as during a transaction or when gifting the Gift Card to another person.

Question 49

12. LOST, STOLEN, AND DAMAGED GIFT CARDS

Accepted Answer

12.1. If your Gift Card is lost, stolen, or damaged, we encourage you to contact Customer Service as soon as possible in accordance with point 14 below. We may ask you for certain details to confirm that you are the authorized holder of the Gift Card. After successfully completing the verification process:

12.1.1. we will block your Gift Card if you have reported it as lost or stolen; or

12.1.2. we will cancel your Gift Card if you have reported it as damaged.

12.2. In order to successfully verify as mentioned in point 12.1, you must provide us with:

12.2.1. the gift card number that was given to you at the time of purchase; or

12.3. If you are unable to provide the gift card number or other required information (which means that the gift card cannot be found in the EML system), the card will not be blocked/canceled and you will remain responsible for the value of all transactions made with the gift card.

12.4. Blocking or canceling your Gift Card will ensure that it can no longer be used.

12.5. After successfully completing the verification process described in point 12.1 above, we will take steps to provide you with a replacement Gift Card at the appropriate shopping center, subject to the fee specified in point 5 (Fees and Charges).

12.6. Replacement Gift Cards:

12.6.1. can only be obtained until the expiration date of the original Gift Card that was lost, stolen, or damaged;

12.6.2. are available only if the original Gift Card that was lost, stolen, or damaged was purchased at a shopping center that operates an EML electronic point of sale; and

12.6.3. are valid for a period of twelve months from the date of receiving the replacement Gift Card.

Question 50

13. PURCHASES FROM SELLERS AND TRANSACTIONAL DISPUTES

Accepted Answer

13.1. We are not responsible for the security, legality, quality, or other aspects of goods or services purchased using the Gift Card.

13.2. If you believe that you did not authorize a specific transaction, you should contact Customer Service as soon as possible in accordance with point 14 below.

13.3. In certain circumstances, due to a technical error, a transaction may not be completed despite being initiated. In such cases, it may result in the deduction of the transaction value from the Gift Card balance and prevent the use of those funds; we refer to this as a pending authorization or hold. In such cases, to expedite the refund, we recommend contacting Customer Service in accordance with point 14 below and providing evidence that the transaction has been canceled or reversed.

Question 51

14. CUSTOMER SERVICE

Accepted Answer

14.1. Any inquiries related to the Gift Card should be directed to the Customer Service Department in one of the following ways:

14.1.1. by calling the number +48 12 251 82 11 (please note that your phone service provider may charge additional fees for the call according to their rates);

14.1.2. by writing to the Customer Service Department - Customer Services, EML Payments Europe Limited, 4th Floor, 11 Brindley Pl, Birmingham B1 2LP, United Kingdom; or

14.1.3. by contacting us online on the website www.emlretail.com/FAQ.

14.2. The Customer Service Department is available during the following hours:

from Monday to Saturday: from 9:00 AM to 8:00 PM;

on trading Sundays: from 10:00 AM to 8:00 PM (Central European Time).

If you want to file a complaint regarding the Gift Card, please contact us using the provided contact information first. We will ask you to explain the reason for your dissatisfaction. We will register your complaint and investigate it. Any complaints related to Gift Cards will be reviewed by EML within 14 days from the date of submission of a written complaint by the Gift Card holder. The Gift Card holder will be notified of the complaint decision in writing, to the address (including email address) provided in the complaint. It is recommended to attach any supporting documents to the complaint that may justify it and be helpful in resolving the complaint.

Question 52

15. LAW AND COURTS

Accepted Answer

15.1. In matters not regulated in these Terms and Conditions, the provisions of the Polish Civil Code shall apply.

15.2. EML and the Gift Card holder will attempt to resolve any disputes through mutual agreement between the parties. Any disputes that cannot be resolved in this manner will be settled by the competent common court for the place of residence or registered office of the Gift Card holder.

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