Terms of Use for the
“Burton Snowboards First Chair Loyalty Program”

of
Burton Sportartikel GmbH,
registered with the Innsbruck Regional Court, Reg. No. FN 036186s,
Business address: Hallerstr. 111, AT 6020 Innsbruck, Austria
(hereinafter referred to as “Burton”)

  1. Program / Terms of Use
    1. The Burton Snowboards First Chair loyalty program (hereinafter referred to as the “Program”) is offered by Burton to those customers who make purchases at Burton-owned flagship stores (hereinafter referred to as “Stores”) and through the online sales channel at www.burton.com/at/en and all respective European country domains and languages (hereinafter referred to as “Website”). The Program does not apply to purchases made in partner stores.
    2. Burton provides certain discounts and benefits for qualifying in-store and online purchases at www.burton.com/at/en, as further described herein, as well as additional offers, which may be extended from time to time.
    3. These Terms of Use (hereinafter referred to as “Terms of Use”) form the contractual basis between Members of the Program (hereinafter referred to as “Members”) and Burton with respect to membership in the Program. For the sake of clarity, the purchase of goods or services itself is governed by Burton’s General Terms and Conditions.
    4. Membership requires that these terms and conditions be actively accepted by the participating Member at the outset of membership, either online or in writing at a Store.
    5. Furthermore, when participating in the Program or accessing a Burton Website (www.burton.com/at/en), Members are also subject to the general terms and conditions and the terms of use applicable on those Websites. In the event of any conflict between these Terms of Use and the terms and conditions of the applicable Burton Website, these Terms of Use shall prevail.
    6. By accepting the Terms of Use, the Member agrees to be bound by these Terms of Use and the rules, regulations, policies and procedures pertaining to the Program contained herein.
    7. Burton reserves the right to exclude from the Program any Member who violates any of the Terms of Use.

  2. Amendment to these Terms and the Program
    1. Burton reserves the right to unilaterally amend or modify these Terms of Use or any policy, FAQ or guideline pertaining to the Program, in whole or in part, or to terminate the Program at any time, at its sole discretion, without notice.
    2. Each Member is responsible for informing themselves of the Program’s terms and conditions. The currently valid terms of use are available on Burton’s website. If Burton amends these Terms of Use, Burton will inform the Members by email and publish an amendment notice on the website. Every Member is obliged to update changes of email address in the account immediately. If a Member fails to update and therefore does not receive an update message, the amended Terms of Use shall be deemed accepted at the latest when the next qualifying purchase is made.
    3. If the Member does not object in writing within a period of 14 (fourteen) days from the date of receipt of the notice of amendment, the amended Terms of Use shall be deemed accepted. In case of an objection, the Member shall leave the Program after the expiry of 30 (thirty) days from the date of filing the objection. Within this period, the Member may use the Points and benefits already earned. Upon leaving the Program, all unused Points on the membership account will expire and can no longer be redeemed. From the date of cancelation, there is no longer any entitlement to benefits from the Program of any kind whatsoever.

  3. Membership and Account
    1. Membership is free of charge. The subscription to the membership does not require the purchase of a product or service.
    2. Members must be at least 18 years old and reside in the European Economic Area (EEA), United Kingdom (UK), Switzerland, or Norway. Membership in the Program is limited to consumers. Businesses, employees of Burton and their immediate family members (first-degree relatives) are not qualifying for membership.
    3. To sign up for the Program and thus become a Member, visit www.burton.com/at/en and follow the instructions for creating an account. When creating the account, you must select the option to participate in the Program. This requires a Burton.com account. When creating an Account, you must provide the following information:
      1. First name, last name, zip code, email address and password.
      2. Optional (voluntary): Birthday (month, day). You must provide your birthday if you wish to receive birthday offers. If you do not provide birthday information, you will not receive a birthday bonus.
    4. A current, valid email address is required in order for a Member to create an account, participate in the Program, and receive Points associated with the Program.
    5. f a User already has a Burton.com account, he/she may enroll in the Program by logging into burton.com with his/her account and checking the “Sign Me Up” box located on the “First Chair” tab in the account navigation menu.
    6. Members may only have one Member account, which is for personal use only. Points, rewards and the account itself may not be passed on to third parties (e.g. family members or friends), and in particular may not be sold, given away, transferred or assigned.
    7. Members must always keep their personal information on their burton.com account up to date by visiting https://www.burton.com/on/demandware.store/Sites-Burton_EUR-Site/en_AT/Account-Preferences and making updates as necessary. This includes and especially applies to changes of the own email address.
    8. Each Member must keep his/her login data, especially passwords, PINs, etc. safe and protected from access by third parties. Burton is not liable for misuse of this data as a result of a breach of duty by the Member.
    9. Once you are a registered user of www.burton.com/at/en, you can view a summary of your account and First Chair membership on the Website. After visiting the Website, simply click on the “My Account” section accessible from the link in the header of the Website’s homepage, log in with your account information, and select the “First Chair” tab in the account page navigation menu to view First Chair membership details.
    10. Any Member may cancel their membership in the Program at any time by following the steps below:
      1. Terminating First Chair membership through the Loyalty Program tab on the account page of the Website www.burton.com/at/en; or
      2. Contacting customer service online at https://www.burton.com/at/en/contact-us, or
      3. Directly with a Burton employee at a Burton-owned flagship store.
    11. When a Member cancels an account, all unused Points on the account expire and can no longer be redeemed. There is no longer any entitlement to any Program benefits. Burton therefore recommends using Points and benefits before issuing a notice of cancellation.
    12. Participants in the Burton Performer Program are qualifying for membership in the First Chair Program, provided they comply with all of the above rules. However, individuals who participate in the Burton Performer Program and are also First Chair Program Members are restricted in the use of their Performer Code along with certain membership benefits within the same transaction, as described in the “Program Benefits and Details” section below.

  4. Communications and Notices
    1. Burton will conduct communications related to the First Chair Program and membership with the Member by mail, email, or other channels (including electronic) at Burton’s sole discretion.
    2. Burton specifically uses these channels to communicate changes to these Terms or the Program, or to communicate First Chair promotions or rewards, or about First Chair membership status, the Member’s own account, or ongoing business. This applies even if the Member has not consented to receive marketing or promotional communications.
    3. To the extent the Member has consented to receive other marketing or promotional communications (outside of the Program), Burton (at its sole discretion) may also communicate with Members through the channels set forth in Item 4.1 for marketing and promotional purposes.

  5. Data Protection
    1. Our Privacy Policy is incorporated into these Terms of Use and also applies to your participation in the First Chair Program.
    2. Please read the Privacy Policy carefully to understand how Burton collects, uses and shares information about customers, how you can update or change your personal information, and how we communicate with you.
    3. Please refer to the Privacy Policy at: https://www.burton.com/at/en/content/cookie-policy-eu.html.

  6. Qualifying Purchases / Points
    1. Members will earn rewards points (hereinafter referred to as “Points”) on their First Chair account upon making “qualifying purchases” and participating in other special programs and promotional offers as may be announced by Burton from time to time. No Points will be credited for “non-qualifying purchases” (please refer to Section 7 below).
    2. When a Member joins the First Chair Program, he/she will begin with a “0” (zero) point balance. The further conditions, requirements and details for earning Points are described below.
    3. Purchases of goods and/or services made in a Store or online at www.burton.com/at/en as a registered Member and shipped to addresses in the European Economic Area (EEA), United Kingdom (UK), Switzerland or Norway (“qualifying purchases”) count toward the Member’s Points balance and tier status. Purchases made at a partner store do not qualify for earning Points or other benefits. A current list of Burton-owned flagship stores where purchases qualify towards earning Points is always available at https://brtn.co/3jfpw3X.
    4. Burton may exclude individual products, product groups or services from qualifying at any time. Burton will make reference thereto in the offers.
    5. Unless otherwise specified by Burton on a case-by-case basis, Members will earn one point for each 1 euro (one euro) of gross invoice amount (hereinafter referred to as “Assessment Base”) of a qualifying purchase (for purchases in other currencies, the respective equivalent in euros at the conversion rate set forth in Section 12 applies), except that discounts and other credits and separately stated shipping costs are not part of the Assessment Base (i.e., do not qualify for earning points). Example: If a product that normally costs €100 is offered for €75, the Member will only receive Points for the reduced purchase price of €75.
    6. Points issued by Burton for merchandise returns, refunds or credit adjustments may be subsequently revoked by Burton at any time, at its sole discretion (rounded up to full amounts), as these Points are not based on actual purchases. However, Burton is not obligated to make any such revocation. As such, leaving these Points in place does not entitle the Member not to have such Points revoked in the future. The number of Points credited may change at any time as a result of such revocations. For information, Members can visit the Burton Website.

  7. Non-Qualifying Purchases
    1. No Points will be awarded for the purchase of gift cards, the redemption of merchandise vouchers, or any type of price adjustment (e.g., when a reduced price reverts to the normal price after a purchase).
    2. No Points will be awarded for purchases not authorized by the Member using the respective Member’s account or fraudulent purchases (e.g. using the Member’s login data obtained without authorization). Points already awarded for such purchases will become invalid and will be permanently forfeited.
    3. Similarly, no Points will be awarded if, according to Burton’s reasonable judgment, the goods or services purchased will be used for commercial resale, in which case the Member will first be given an opportunity by Burton to rebut such judgment within a period of at least seven (7) days. Burton’s final determination that a commercial resale has occurred shall be binding on the Member. Points already awarded for such purchases shall be permanently forfeited.
    4. Purchases made by a Member before joining the Program or without registering (logging in) on the Website or without disclosing the email address before paying for goods/services in a store will not be counted towards the Program. No Points will be credited for such purchases, not even retrospectively.

  8. Crediting of Points
    1. A current, valid email address is mandatory to participate in the Program and receive credit for points.
    2. Members must identify themselves with their email address on file in their account in order to receive credit and/or discounts and benefits for qualifying purchases in Stores and on the Website. In particular, the Member must provide his/her current email address in a Store when paying for goods/services or log in to his/her online account prior to payment for online transactions in order to receive a Points credit and/or benefits.
    3. Accumulated Points will be processed by Burton and credited to the Member’s account upon final processing of the transaction. The exact time of crediting may vary. However, this is usually the time of purchase.
    4. Members can view their point balance at any time on Burton’s Website in their First Chair account.
    5. Each Member is responsible for regularly checking his/her account to ensure that Points purchased are properly credited. If a Member believes that his/her account has not been properly credited, he/she shall contact Burton via support.eu@burton.com and provide all requested documentation to verify the uncredited purchase. Burton will then review the request and determine–at its sole discretion, but in good faith–whether Points should have been credited to the account. In this process, Burton will also rely on its own internal records and documents. Notwithstanding the foregoing, Burton shall not be obligated to make adjustments involving acquisition transactions that occurred more than one hundred eighty (180) days prior to receipt of the audit request.

  9. Warranty and Liability on Part of Burton
    1. Burton does not warrant that any information on the Website or in any offerings relating to the Program is accurate or complete, given the gratuitous nature of the Program. Burton also does not guarantee the permanent availability of this information on the Website and the seamless, uninterrupted operation of the Website.
    2. Burton also does not warrant that any performance under the Program will be free from defects, such as the correct crediting of Points or Burton’s administration of the Program. For the sake of clarity, Burton’s general terms and conditions apply to the supply of goods or the provision of services under purchase or service contracts (e.g., warranties for goods purchased).
    3. Burton endeavors to maintain the security of the Program and the underlying IT systems. However, Burton provides no guarantee and accepts no liability for damage caused by unlawful or criminal acts of third parties, in particular cyber-security attacks on the system.
    4. In view of the fact that the Program is free of charge, Burton, its affiliated companies, in particular “The Burton Corporation,” with its registered office in Burlington, Vermont, USA, and its/their bodies and employees shall only be liable in connection with these Terms and the Program in the event of malicious intent and gross negligence, whereby liability for pure financial loss, loss of profit and consequential loss–except in the event of malicious intent–shall be excluded in all cases. Furthermore, the liability of the persons mentioned in the previous sentence is limited to the amount of EUR 50,00 in each individual case. Burton’s General Terms and Conditions shall apply to the delivery of goods or the provision of services under purchase or service contracts (i.e., for example, liability for damages arising from the delivery of goods).
    5. Burton is not liable for the misuse of Member accounts. Each Member is responsible for the safekeeping of login data, especially passwords and/or PINs.

  10. Membership Tier Status
    1. After initial placement into a Program tier, a member’s status is based solely on Points earned for qualifying purchases and qualifying special offers. The structure of member tiers is as follows:
      1. Tier 1: Members who have accumulated 0-749 Points qualify for this tier.
      2. Tier 2: Members who have accumulated 750-1499 Points qualify for this tier.
      3. Tier 3: Members who have accumulated more than 1500 Points qualify for this tier.

  11. Member Benefits and Details
    1. In addition to any other requirements and/or restrictions communicated to Members at the time a benefit is offered, the following shall apply:
      1. Access to Double or Triple-Point Events: Members of all tiers will have access to promotions where the customer can earn additional Points per purchase. Members must sign up to receive marketing and promotional communications to be notified of such events.
      2. Double Points for Donations to Chill: Members of all tiers will receive double Points for amounts donated to “Chill Austria, Verein zur Förderung Jugendlicher mithilfe von Brettsport” located in AT 6020 Innsbruck (ZVR [Central Registry of Associations] number 1043479549). Donations must be made through the Burton Website or in-store. For example, if a donation to the association is made in a store in the amount of €50, the Member will receive 100 Points credited to his/her account (instead of merely 50 points).
      3. Birthday offer: Members must have a valid birthday on file in their account and have opted in to receive marketing and web communications. The account must also have purchase activity within the last 12 (twelve) months. This offer applies to Tier 2 and Tier 3 Members. Additional terms and conditions may apply and will be communicated by Burton.
      4. Free express shipping: In Europe, free express shipping is not included in the Program. The Member must therefore pay for express shipping in all instances. Shipping costs do not entitle Members to earn points.
      5. Early access to product drops: This benefit is offered to Tier 2 and Tier 3 members. Such product drops exclude the purchase of goods with a discount program (e.g. employee and family discounts, performer program).
      6. Special offers: Special offers may be sent to Members via email, text message, or postal mail. The availability of special offers depends on the offer itself and the associated benefits. Special offers may be offered to all tiers or may be limited to certain tiers, at Burton’s sole discretion. You may be required to sign up for (opt-in) and activate special offers. To receive and activate personalized special offers via email, you must opt in to receive promotional and marketing offers from Burton and provide a valid email address and mailing address, if applicable. Special offers may be customized based on your purchasing patterns and preferences and may include periodic discounts on products or merchandise or the opportunity to earn reward points. Special offers may be subject to certain restrictions, including expiration dates and short, limited redemption periods. Special offers are personalized to the individual Member and cannot be shared or transferred. To redeem special offers, Members may be required to complete an action to verify your identity (e.g., double opt-in). Read each offer carefully for specific details, expiration dates, restrictions and limitations.

  12. Currency conversion
    1. If the address assigned to the Member account is located in a country where Burton invoices in euros, one point will be awarded for each qualifying purchase per full euro of the gross invoice amount (see Item 6.5).
    2. If the address assigned to the Member account is located in another country where Burton does not invoice in euros, Burton will determine a conversion rate that will determine the Points awarded (e.g. 1 GBP = 1 EUR, 1 CHF = 1 EUR, 10 SEK = 1 EUR, 10 NOK = 1 EUR). The respective euro equivalent (in full EUR) corresponds to the Points to be awarded. Example: 10 SEK = 1 EUR: At this conversion rate, a product costing SEK 876.00 will earn 87 Points, since SEK 876.00 is equivalent to 87.60 EUR.

  13. Redeeming Points
    1. Points earned by a First Chair Program Member have no monetary or cash equivalent value and therefore cannot be redeemed for cash. Points can only be redeemed within the scope of the Program.
    2. Burton may change the procedures and offers for earning and redeeming Points at any time, including the conversion rate between Points and rewards or between different currencies. Such changes, insofar as they adversely affect Points or benefits already acquired by the Member, shall be communicated with at least 60 (sixty) days’ notice by email and via announcement on the Website, so that the Member may use his/her Points and benefits under unchanged conditions within this period. In all other respects, the provisions of Section 2 above shall apply.
    3. Points accumulated on accounts of different Members may not be shared, transferred, combined or condensed to purchase products or otherwise use those points. Points accumulated for a purchase may not be redeemed for the same purchase.
    4. Points and rewards shall expire as described in Section 14 below.

  14. Expiration of Points
    1. Accumulated Points expire on a rolling basis 12 (twelve) months after each underlying purchase (term point). This is explained using the following examples, also for classification in a membership tier (Tier Status; refer to Section 10 above).
      1. For example, if a Member spends EUR 300 on a qualifying purchase on 11/01/2021, the Points credited for that purchase would remain valid up to and including 11/01/2022. On 11/02/2022, the 300 Points would expire (thus they cannot be redeemed from 11/02/2022 onwards) and, if no further purchases are made, the Points on the Member’s account would revert to 0.
      2. If the same person who spent EUR 300 on a qualifying purchase in the above example on 11/01/2021 makes another qualifying purchase for EUR 760 on 12/15/2021, this transaction will result in a total Points balance of 1060 in the Member account. This, in turn, will result in a Tier 2 (750-1499 Points) classification, which will provide additional tier-related benefits up to (and including) 12/15/2022.
      3. For example, if a Member reaches Tier 3 (1500+ Points) with a creditable purchase on 12/01/2021, makes another creditable purchase for EUR 800 on 04/03/2022, and makes no further purchases thereafter, that Member would revert to Tier 2 (750-1499 Points) on 12/02/2022 up to and including 4/03/2023. On 04/04/2023, the Member status would then be 0 Points and thus the Member would revert to Tier 1 (0-749 points).

  15. Revocation of Membership by Burton
    1. Burton reserves the right to revoke a Member’s membership in the Program and/or any benefits to which the Member is entitled if, at Burton’s sole opinion, a Member abuses the privileges of the Program, uses the Program in a fraudulent manner, fails to comply with these Terms of Use, or otherwise obtains benefits through deception, forgery and/or fraud.
    2. Burton will exercise this right only in a reasonable manner. Upon request, the Member will be informed in writing of the reasons for the revocation.
    3. If Burton terminates a Membership for reasons attributable to the Member, all points, rewards or other benefits will be forfeited as of the second effective date of termination.
    4. If Burton terminates the entire Program (for all Members), it will do so with at least thirty (30) days’ notice. Upon termination of the Program, all benefits and Points not used by then will expire.

  16. No Transferability of Membership or Member Rights
    1. Neither Program benefits nor Member accounts may be transferred, bought, sold, assigned, auctioned off or otherwise traded. In particular, transfer or passing on to family members shall also be excluded.
    2. In the event of death, the membership shall expire. The benefits on the membership account shall not pass to the heirs. In the event of death, the membership account shall be closed and deleted. Program points, rewards and/or benefits have no cash value and cannot be exchanged for cash.

  17. General Information
    1. By accepting these Terms of Use, you declare that you agree to these Terms.
    2. Subsidiary agreements to these terms and conditions must be made in writing in order to be legally effective. This shall also apply to any waiver, amendment or cancellation of this written form requirement.
    3. These Terms shall be governed expressly by Austrian law, excluding Austrian private international law and the provisions of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Member has its permanent residency as a consumer, shall remain unaffected.
    4. The European Commission’s platform for online dispute resolution (OS) for consumers is available at http://ec.europa.eu/consumers/odr/. However, Burton hereby declares that it is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.