General Conditions of the Loyalty Club

The Program is open to individuals only, 18 years of age and over (or the age of majority at your place of residence, if higher). Membership in the Program is complimentary and is available to individuals residing in countries that legally permit participation in loyalty programs. Membership and application for membership in the Program is void if prohibited by law in the country of the Member’s or applicant’s domicile. The Program applies to purchases made directly from any La Maison du Chocolat (“LMDC”) boutique, wherever located throughout the world and online. The Program does not apply to purchases by legal entities such as companies or partnerships or to purchases from LMDC’s retail partners such as department or specialty stores. Only one individual per membership may be registered. Each individual may only have one membership.If L.M.D.C. HONG KONG LIMITED discovers that an individual has more than one membership, L.M.D.C. HONG KONG LIMITED may terminate any and all of such individual’smemberships, and such individual shall immediately forfeit all the Program benefits These Terms and Conditions define the rules and procedures of the Program.By registering for the Program, an individual agrees to, and accepts, the rules, terms and conditions of the Program, as they may be changed by L.M.D.C. HONG KONG LIMITED from time to time. 

The objective of the Program is to offer members (each referred to as a “Member”) different promotions, services, and exclusive offers proposed by LMDC. The Program also will serve to help LMDC understand consumer preferences and trends. These terms and conditions set out the relationship between L.M.D.C. Hong Kong Limited and Members of the Program. These terms and conditions should be read carefully, particularly as they include limitations and exclusions on the liability of L.M.D.C. Hong Kong Limited.

To become a Member, an individual must complete a questionnaire, which is available in LMDC boutiques located in Hong Kong S.A.R.. Each Member guarantees the accuracy of the information provided and alone is responsible for any information that is deemed incorrect, incomplete or
obsolete. A questionnaire that is illegible, crossed out or incomplete (except for optional responses) will be deemed null and void.

Each Chocolate Circle Card will be assigned a personal account number, which will be non-transferable.

The Member undertakes to ensure that no unauthorized person gets access to the Member’s Chocolate Circle Card, membership number and/or PIN code. Nevertheless,the Member shall be responsible for all activity on such Member’s membership account.

• Any changes to the name, address or any other relevant information of a Member must be provided as soon as possible to L.M.D.C. HONG KONG LIMITED:
  - by phone : (+852) 2343 3331
  - by mail : L.M.D.C Hong Kong Limited, Unit 708-9 Westin Centre, 26 Hung To Road, Kwun Tong, HK
  - by email: customer@lamaisonduchocolat.hk

5.1. With each purchase as specified herein, a Member will accumulate “Chocolate Points” according to the following schedule: one Chocolate Point for each 50 HKD spent as specified herein (excluding personalization fee and delivery fee). The advantages offered by the Program (points, exclusive services…) cannot be used in conjunction withany other offer of any kind.
5.2. Once a balance of 50 Chocolate Points has been reached, a Member may redeem Chocolate Points for a gift. Member may select the gift from all available gift boxes at LMDC boutiques. The value of each products is approximately proportionate to the total number of Chocolate Points required. All purchase records should be saved until the applicable Chocolate Points appear in the Member's account.
5.3. Chocolate Points may not be transferred, sold, purchased, bartered or exchanged for money. This applies to transfers by operation of law (e.g. death, divorce settlement). Any such Chocolate Points shall be void.
5.4. The accumulation of Chocolate Points begins on the date of the first purchase following enrollment in the Program.
5.5. The balance of a Member’s Chocolate Points will be indicated on the sales receipt given with each purchase or can be checked in any of our Hong Kong shops by
asking a sales associate.
5.6. With each eligible purchase the Member’s Chocolate Points will accumulate. However if a Member does not make any purchases during a period of 12 months, his or
her Chocolate Point balance automatically will be reduced to zero without further notice.
5.7. 1200 chocolate points is the maximum number of points to accrue in order to receive a gift in the highest point category. Once the Member’s total has reached the
maximum number of chocolate points, a gift must be selected. The Member may then begin accruing points once again.
5.3. Chocolate Points may not be transferred, sold, purchased, bartered or exchanged for money. This applies to transfers by operation of law (e.g. death, divorce settlement).Any such Chocolate Points shall be void.
5.4. The accumulation of Chocolate Points begins on the date of the first purchase following enrollment in the Program.
5.5. The balance of a Member’s Chocolate Points will be indicated on the sales receipt given with each purchase or can be checked in any of our Hong Kong shops by
asking a sales associate.
5.6. With each eligible purchase the Member’s Chocolate Points will accumulate. However if a Member does not make any purchases during a period of 12 months, his or
her Chocolate Point balance automatically will be reduced to zero without further notice.
5.7. 1200 chocolate points is the maximum number of points to accrue in order to receive a gift in the highest point category. Once the Member’s total has reached the
maximum number of chocolate points, a gift must be selected. The Member may then begin accruing points once again.

6.1. Newsletter: Subject to explicit consent on the membership questionnaire, each Member will be eligible to receive a periodic email announcing LMDC’s latest news and collections.
6.2. Birthday Credits: For each birthday, a Member with an active account will receive an automatic credit of 20 Chocolate Points on the first day of his or her birthday month.

When a Program Member makes a purchase in a LMDC boutique located in another country, the purchase will be accounted for as follows:

• in LMDC boutiques where the Program already exists, the Member’s purchase will automatically be credited to his or her account provided the Member presents his or her Customer Loyalty Card. The points will be awarded as defined in the rules of the local Customer Loyalty Program. For example: in France, 1 chocolate point for 2.00 € of purchases and in the USA 1 chocolate point for $4.00 of purchases.
• in LMDC boutiques in countries that do not participate in the Program, the Member’s purchase will be manually credited to his of her account approximately one month after the purchase. The amount of the purchase in the local currency will be converted into HKD at the exchange rate on that date, and the rules of the HK Loyalty Program will apply (1 chocolate point for 50 HKD of purchases).

8.1. Inactivity: L.M.D.C. HONG KONG LIMITED reserves the right to close any Chocolate Points or other account in the Program if no purchase has been associated with it for one year or more. Any Member whose account has been closed voluntarily or due to the absence of purchases may reopen the account with a zero balance at any time if he or she wishes to rejoin the Program.
8.2. Exclusion: L.M.D.C. HONG KONG LIMITED reserves the right to exclude from the Program any Member who does not respect the then-current Terms and General Conditions or, in the sole judgment of L.M.D.C. HONG KONG LIMITED, has abused the promotions, services or other benefits available from the Program. Exclusion may result in immediate membership termination and loss of any accrued Chocolate Points or other benefits. A Member whose membership was terminated under this Section 8.2 may not reapply for membership.
8.3. Responsibility for Credit: Each Member is responsible for ensuring that purchases are properly credited to his or her account. Any claim for an uncredited purchase must be made within six (6) months of the purchase.
8.4. Audit: L.M.D.C. HONG KONG LIMITED has the right to audit any and all accounts at any time and without notice in order to ensure compliance with the Program.

9.1. L.M.D.C. HONG KONG LIMITED reserves the right to modify the Program at any time with or without notice of any kind. If L.M.D.C. HONG KONG LIMITED elects, in its sole discretion, to provide Members with notice, notice may be given via one of the Program information channels, i.e. via the web site, e-mail or mail messages. L.M.D.C.HONG KONG LIMITED’s right to modify the Program shall include the right to add, delete or otherwise change any of the rules, procedures, conditions, benefits, awards, tier levels, tier requirements and other similar aspects of the Program in its sole discretion, even if such changes may affect the value of awards or benefits already accumulated.L.M.D.C. HONG KONG LIMITED will use reasonable efforts to advise Members of changes to the Program in advance, but shall not be held liable in any way for any failure to do so. A Member is free to terminate membership as indicated below in Article 10.
9.2. L.M.D.C. HONG KONG LIMITED has the right to terminate the Program at any time. In the event of such termination, Members will have no recourse for whatever reason.Each Member will have three (3) months from the posting of the notification to end the Program to accumulate Chocolate Points and redeem them for a corresponding gift. No request will be accepted after the expiration of this period. Additionally, if L.M.D.C. HONG KONG LIMITED terminates the Program, L.M.D.C. HONG KONG LIMITED shall have no obligation to offer a replacement program.
9.3. L.M.D.C. HONG KONG LIMITED reserves the right, in its sole discretion, to terminate (effective immediately) a Member’s membership in the Program if it appears that the Member’s membership is being misused. Such termination may include, in L.M.D.C. HONG KONG LIMITED’s sole discretion, forfeiture and cancellation of any and all accrued benefits. Such misuse may, for example, consist of unruly or disrespectful behavior towards L.M.D.C. HONG KONG LIMITED, any criminal acts or acts that are generally regarded as immoral or unethical or which are in breach of the Program, failure to pay any bill when due to L.M.D.C. HONG KONG LIMITED, or if there are reasonable grounds for suspecting fraud, theft, or dishonesty in connection with the Member’s membership, as determined in L.M.D.C. HONG KONG LIMITED’s sole discretion. L.M.D.C. HONG KONG LIMITED may also take any appropriate legal or administrative action, including, without limitation, prosecution, if any of the above occurs.

A Member may terminate membership in the Program at any time. No such termination is effective without receipt of written notice thereof at L.M.D.C. HONG KONG LIMITED, Unit 708-9 Westin Centre, 26 Hung To Road, Hong Kong or by email at customer@lamaisonduchocolat.hk. If the Member does so, all unredeemed benefits will be forfeited or cancelled immediately, and may not be reinstated or transferred. Except as specifically provided herein, no Member shall be eligible for compensation or indemnity for any claim associated with the Program.

11.1. Even if L.M.D.C. HONG KONG LIMITED has verified that all information communicated by the Member or to the Member is correct, L.M.D.C. HONG KONG LIMITED may not be held responsible for errors related to the contents of the information nor for their eventual consequences.
11.2 L.M.D.C. HONG KONG LIMITED may not be held responsible in the event of the unavailability of promotions, offers or any other benefits hereunder.
11.3 The Program benefits and gifts may be subject to income or other taxes or duties. Such taxes and all disclosures related thereto are the sole responsibility of the Member.
11.4 By participating in the Program, Members expressly acknowledge and agree that L.M.D.C. HONG KONG LIMITED provides the Program, these and other materials, and other services and products “as-is” and, to the fullest extent permitted by applicable law, expressly disclaims any warranties of any kind, express, implied or statutory,
including, but not limited to, warranties of merchantability, fitness for a particular purpose, design, accuracy, capability, sufficiency, suitability, capacity, completeness or availability. L.M.D.C. HONG KONG LIMITED shall not be responsible for any guarantees, warranties and/or representations made by third party partner companies. Members also agree that L.M.D.C. HONG KONG LIMITED does not represent, warrant, or guaranty that the Program or any such other products and services will be uninterrupted, without omissions or error, or that defects will be corrected or changes implemented. Under no circumstances, including, but not limited to, negligence, shall L.M.D.C.HONG KONG LIMITED be liable for any direct, indirect, incidental, special or consequential damages arising out of the Program or any such other products and services, even if L.M.D.C. HONG KONG LIMITED or a L.M.D.C. HONG KONG LIMITED authorized representative has been advised of the possibility of such damages.

These Terms & General Conditions are governed by and are to be construed under the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“HKSAR”), without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other country’s laws. By participating in the Program, Members irrevocably consent and agree that any dispute arising from or relating to the Program shall be subject to the exclusive jurisdiction of courts of the HKSAR.. All interpretations of these Terms & General Conditions shall be at the sole discretion of L.M.D.C. HONG KONG LIMITED. Fraud, misrepresentation, abuse or violation of applicable rules or law is subject to administrative and/or legal action or referrals as determined in the sole discretion of L.M.D.C. HONG KONG LIMITED. .Fraud and abuse relating to the earning of Chocolate Points or redemption orders may result in the forfeiture of accrued Chocolate Points. L.M.D.C. HONG KONG LIMITED reserves the right to take legal action in such cases and to recover (among others) the costs incurred or gifts redeemed by the Member. In case of any dispute arising out of the Program, the decision of L.M.D.C. HONG KONG LIMITED shall be final.

L.M.D.C. HONG KONG LIMITED is committed to abiding by the terms of Hong Kong’s Personal Data (Privacy) Ordinance and will only use Member’s personal data for purposes directly related to the provision of membership benefits. Personal data will not be disclosed to any third party without the Member’s expressed written consent, and all Members have the right to request access to and correction of their personal data. Such requests should be in writing and addressed to L.M.D.C. HONG KONG LIMITED, Unit 708-9 Westin Centre, 26 Hung To Road, Hong Kong .

Any photographs used in connection with the Program are used for illustration purposes and should not be considered indicative of any factor.

In the event of any divergence between the English and the Chinese versions of these terms and conditions, the English version shall prevail for all purposes.