1.1       The company Tristate International S.A., a company duly incorporated and existing under the laws of Switzerland, with registered office in Via Canova 9 - Lugano, Switzerland (hereinafter, the "Company") has launched and promotes this loyalty programme named "The Brotherhood" (hereinafter, the "Programme"). The Programme is offered exclusively by the Company and provides registered customers participating in the Programme the opportunity to earn points and qualify for certain benefits. Each customer’s participation in the Programme means that he/she agrees to be bound by these Terms and Conditions (hereinafter, the "Terms and Conditions"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN THE CUSTOMER AND THE COMPANY. BY ACCESSING OR PARTICIPATING IN THE PROGRAMME, THE CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT HE/SHE HAS READ, UNDERSTANDS, AND CONSENTS TO THE PRIVACY POLICY, WHICH IS INCORPORATED INTO, AND MADE A PART OF THESE TERMS AND CONDITIONS. CUSTOMERS MUST NOT ACCESS OR PARTICIPATE IN THE PROGRAMME IF THEY DO NOT AGREE TO THESE TERMS AND CONDITIONS.

1.2       FOR U.S. CUSTOMERS ONLY: These Terms and Conditions include an agreement to mandatory arbitration, which means that Customers agree to submit most disputes related to the Programme, this Site, the use of our services, or these Terms and Conditions to binding arbitration rather than proceeding in court. Customers may opt-out of this mandatory arbitration agreement only by following the procedures below (Section 11). These terms also include a waiver of any class action or jury trial.

1.3          The Programme is an international initiative relating to the purchases made online at https://www.cpcompany.com (the 'Site') in Switzerland, the United Kingdom, France, the Netherlands, Germany, Italy (including the territory of San Marino and the Vatican City), and the United States (the 'Territory').

1.4       The Programme is addressed at customers registered in the Territory (the "Customers" or "Members") and allows the latter, on the basis of the purchases made exclusively through the Site, to collect points and, depending on the levels reached, to benefit from the rewards and promotions, that include personalised offers and discounts (for redemption in connection with online purchases only), as governed by these Terms and Conditions. 

1.5       Participation to the Programme implies the express acceptance of these Terms and Conditions, in full and without reservation. Customers are kindly requested to read these Terms and Conditions as well as the Programme's Privacy Policy and, in case of doubts or questions, please contact the customer service at the following address customerservice@cpcompany.com.

2.1          Only persons that have reached the age of majority according to the laws of their respective country of residence or domicile in the Territory (by way of example, as far as Italy is concerned, people above 18) may register to the Programme. By enrolling in the Programme, the Customer confirms that he/she meets these eligibility requirements. Registration is personal, non-transferable and confidential, with the express exclusion of any legal entity or for business or professional activities.

2.2          Membership of the Programme is free of charge and no prior purchase of products is required to become a Member.

2.3       It is nonetheless necessary that customers are registered to the Site (accessible at the following link https://www.cpcompany.com/login/) in order to join and participate in the Programme. In the event that the Customer is not registered with the Site, it will not be possible to proceed with enrolment in the Programme and, consequently, with the accrual of points as well as the receipt of level-related benefits under these Terms and Conditions.

2.4          Once the Site registration process has been completed, users may enrol in the Programme by accessing their personal account on the Site and confirming their receipt, acceptance and understanding of these Terms and Conditions and the Programme's Privacy Policy.

2.5       When registering to the Site, the user agrees to provide only true,accurate and complete information and to keep such information up to date at all times (by accessing the respective personal area should any changes be needed, with the sole exception of his/her date of birth). Incorrect or incomplete provision of registration details, as well as any failure to update the relevant information, will prevent the Customer's enrolment in the Programme, the accrual of points as well as the possibility to benefit from the applicable rewards.

2.6       In the event of misuse by the Customer, or in the event of untrue data, the Company reserves the right not to accept a Site and/or Programme registration request.

2.7       Upon successful Programme registration, the Customer will receive a welcome e-mail acknowledging the registration above and containing:

ꟷ     the main information about the Programme;

ꟷ     details relating to the registration status and the relevant applicable rewards;

ꟷ     a link to these Terms and Conditions as well as the Programme's Privacy Policy and the U.S. Privacy notice.

2.8       The Customer is responsible for all activities conducted via the membership account in this Programme. This means that the Customer is obliged to do his/her best to keep his/her access data, such as e-mail address and password, safe. Should the security of the password or the account be jeopardised, the Customer must change the relevant password as soon as possible and notify the customer service team right away of any suspected loss, theft, or unauthorized use of the Customer’s account or account password at the following address customerservice@cpcompany.com.

3.1          Each Customer registered in the Programme, for any purchase made through the Site in the Territory, will receive one point for each Euro spent, to be rounded up. By way of example, if the amount spent by the Customer on the Site is equal to Euro 100.30, the Customer will accrue 101 points.

3.2          LEVELS

The Programme is structured on several levels. In fact, while the first level (Member Level) is reached by registering for free in the Programme, subsequent levels can be reached by each Customer after reaching a certain points threshold, namely:

- Member Level: 0 - 500 points

- Mate Level: 501 - 1500 points

- Insider Level: 1501 - 2500 points

- Ambassador Level: >2501 points

3.3          BENEFITS

Depending on the level reached, each Customer may benefit from the following rewards, applicable only to subsequent purchases made through the Site (the Customer is expressly excluded from benefiting from the rewards listed below with respect to purchases made at the Company’s brick and mortar retail locations):

- Member Level (0 - 500 points)

•  Welcome gift upon registration, consisting of a 10% discount to be used in a subsequent purchase on the Site;
•  Birthday gift, consisting of a 10% discount to be used in a subsequent purchase on the Site, as detailed under Section 3.5 below;
• Reserved access to private sales.

- Mate Level (501 - 1500 points)

•  All rewards granted to Customers belonging to the "Member Level";
•  Free return of products following the Customer's exercise of his/her right of withdrawal;
•  Invitations to special events.

- Insider Level (1501 - 2500 points)

•  All rewards granted to Customers belonging to the "Member Level" and "Mate Level"; 
• Early collab access (special collaborations);
•  Early season product access (limited editions);
•  Talk with us (invitations to periodic meetings and workshops held by C.P. Company).

 - Ambassador Level (>2501 points)

•  All rewards granted to Customers belonging to the "Member Level", "Mate Level" and "Insider Level";
• Priority customer care, via WhatsApp;Collection storytelling (access to special content illustrating the brand and its collections);
•  Private visit to the MASSIMO OSTI archive located in Bologna, Italy (travel to and lodging in Bologna, Italy is not included).

3.4          Once a status level is reached, the Customer may continue to benefit from the applicable tiered rewards on an on-going basis (with the exception of rewards that are offered on a one-time or annual basis), until the next status level is achieved.

1.5          The above-referenced Birthday Gift shall consist of a discount code, valid on a single purchase through the Site, to be received by the customer approximately seven (7) days prior to the Customer's birthday. The code will remain valid for a period of 6 months after such receipt, or until it is used by the Customer, whichever is sooner. Please note that:

ꟷ     Birthday Gifts and Welcome Gifts may not be combined, either together or with other discounts and promotions, in a single transaction;

ꟷ     It is not possible to use the discount provided through the Birthday Gift or Welcome Gift for the purchase of spare parts, masks and items made with custom colours;

ꟷ       It is not possible to change the date of birth after registration on the Site.

3.6          The points balance, as well as the respective levels, will be updated following any and all purchases made. Specifically, the points balance is made up of two separate entries, as follows:

1.    the account balance, meaning the total balance of points accrued and accruable on the basis of the last purchase made. Accumulated points accrue, and become available, thirty (30) days following each qualifying purchase. In the event qualifying products are returned to the Company, all points accrued in connection with the purchase of such product(s) will be deducted from the account balance and will not become available, or count toward the Customer’s accrual of benefits under the Programme. The return of an item(s) will therefore result in the deduction of the points previously earned for the purchase of such item(s);

2.    the available balance, meaning the balance of points that the Customer may use, in full, in order to benefit from the rewards under this Programme.

3.7          Your balance can be checked at any time in your account. Please note that:

ꟷ       It is not possible to accrue points for purchases made before registering in the Programme;

ꟷ       The amount of shipping costs for online purchases will not grant any point accrual;

ꟷ       Any points accrued by the same Customer with different identification profiles, even if they belong to the same person, cannot be added together.

3.8          To obtain points, the Customers must log in to their personal account before making any purchases. Any purchases made on the Site as a guest (i.e., without any registration as a Member) will not entitle you to the accrual of points or the ability to take advantage of the benefits applicable to the relevant membership level.

3.9          The Programme shall have an indefinite duration except for any revocation or cancellation that will be duly communicated in the forms required by the applicable regulations.

3.10       Joining the Programme will also allow customers to participate in all initiatives and/or prize events and promotions that the Company reserves the right to launch during the Programme. Separate and specific terms and conditions may govern the participation in the aforementioned initiatives and prize events.

4.1          The Customer has the right to exercise its right to withdraw from these Terms and Conditions at any time, without incurring any costs, by contacting the customer service at customerservice@cpcompany.com.

4.2          The exercise of the aforementioned right of withdrawal by the Customer will imply the cancellation of the membership and, therefore, he/she will not be able to benefit from the rewards granted to the Members of this Programme.

4.3          In the event of cancellation, all points accrued up to such cancellation will be deleted. 

5.1          This Programme requires that the Customer complies with these Terms and Conditions and behaves in good faith and fairness vis-à-vis the Company. It follows that the Company reserves the right to suspend the membership of the Programme or permanently disable such participation and, where appropriate, cancel any benefits acquired as well as any orders previously placed and not yet fulfilled, in the event of abuse by the Customer in the use of the Programme and/or vis-à-vis the Company and/or of failure to comply with these Terms and Conditions. The Company shall proceed with the suspension and/or deactivation and cancellation referred to above after having notified the Client, by email at the address provided during registration and on the Site at the dedicated Programme page, in particular in the following cases:

•      failure to meet Programme eligibility criteria;

•      deception, forgery, fraud, theft, or any other abuse or attempted abuse of the Programme;

•      in case of misuse and/or deception of the Programme;

•      actions aimed at disrupting the proper functioning of the Site and/or the Programme;

•      purchases in excessively large numbers over the course of a single day and/or several days that suggest an intention to resell and/or make a profit through the purchases of the Company's products;

•      suspected registration of a new account by a previously suspended customer;

•      more generally, in the event of non-compliance with these Terms and Conditions, or any other applicable law or regulation.

5.2          If the Customer's access has been suspended or an order has been cancelled and the Customer believes that the suspension was in error, he/she may contact the customer service at the following address customerservice@cpcompany.com.

4.1          The Company reserves the right to make changes to these Terms and Conditions from time to time and will inform the Customer of any of such changes in the following ways: by e-mail to the address provided during registration and on the Site on the page dedicated to the Programme.

In any event, the Company will consider the reasonable interests of the Customers before making such changes. The reasons that may make such changes to the provisions of these Terms and Conditions necessary are set out below:

-         developments beyond the Company's reasonable control; or

-         changes at legislative level; or

-         changes to the Programme as part of the normal development of the Company's products and activities; and

-         the need to address security problems.

4.2          The amendments made shall be effective 30 days after the receipt of the email as provided under Section 6.1. The most up-to-date version of these Terms and Conditions and, therefore, applicable to the Customer is the one available at https://www.cpcompany.com/. The Company invites the Customer to periodically check https://www.cpcompany.com/ for the latest version of these Terms and Conditions.

4.3          Participation in the Programme shall imply the Customer's acceptance of the Terms and Conditions, as amended. If Members do not accept the amendments to these Terms and Conditions, Members may withdraw - without incurring any charges - from the Loyalty Programme in accordance with the provisions of Article 4. 

4.4          The Company also reserves the right to suspend or terminate the Programme, temporarily or permanently, by giving the Customer adequate prior notice. 

Participation in the Programme involves the processing of the Members' personal data, such as the data required for registration as well as those relating to the purchases made and rewards granted, for the purposes of managing the project and ensuring its operation. Personal data is processed by the Company in accordance with applicable privacy laws, including but not limited to the California Consumer Privacy Act. For further information as to the purposes and modalities of processing, rights and contact channels, Customers are kindly requested to read this Programme's Privacy Policy available at the following link.

1.1          To the maximum extent permitted by law, under no circumstances (including, without limitation, negligence) shall the Company, including its parent, subsidiaries, suppliers and other partners be liable to the Customer, Member or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to the Customer’s access to, use of, or inability to access or use the Site or Programme; (d) damages relating to any conduct or content of any third party or user of the Programme, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any third-party content, third-party products or third-party activities accessed via the Programme. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not the Company has been informed of the possibility of such damage, and further, where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of the Company, for any claim under these Terms and Conditions, including for any implied warranties, is limited to the greater of € 195 or the amount the Customer paid to the Company in connection with the Programme within in the past twelve months.

In particular, to the extent permitted by applicable law, the Company is not liable for any claims arising out of (a) the Customer’s use of the Programme (including but not limited to the Customer’s participation in any activities promoted by or accessed via the Programme), (b) the use, disclosure, display, or maintenance of a user’s Personal Data, (c) any other interactions with the Company or any other users of the Programme, even if the Company has been advised of the possibility of such damages, or (d) other content, information, services or goods received through or advertised in relation to the Programme or received through any links provided in connection with the Programme.

To the extent permitted by applicable law, the Customer acknowledges and agrees that the Company offers the Programme in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in these Terms and Conditions, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between the Customer and the Company and form an essential basis of the bargain between the Customer and the Company. The Company would not be able to provide the Programme to Customers on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

9.1          ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO THE CUSTOMER ON AN "AS IS," "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

UNLESS THE COMPANY IS AT FAULT FOR INTENTIONAL OR WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, THE COMPANY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

LIMITATION OF OR EXEMPTION FROM THE AFOREMENTIONED LIABILITY MAY NOT BE PERMITTED PURSUANT TO THE RELEVANT APPLICABLE LAWS. IN SUCH CASE, THE COMPANY SHALL BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.

1.1          To the maximum extent permitted by applicable law, the Customer agrees to indemnify and hold the Company, its parent, subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content the Customer accesses or shares through the Programme; (b) the Customer’s use of the Programme, (c) the Customer’s connection to the Programme, (d) any use of the Site or the Programme by any other person using the Customer’s account and/or password, (e) the Customer’s violation of any law or of these Terms and Conditions, (f) the Customer’s use or misuse of any user’s Personal Data, or (g) any violation of the rights of any other person or entity by the Customer. The Company reserves the right, at the Customer’s expense, to assume the exclusive defense and control of any matter for which the Customer is required to indemnify the Company under the Terms and Conditions, and the Customer agrees to cooperate with the Company’s defense of these claims. Each Customer using the Site for or on behalf of a third-party agrees to indemnify and hold the Company harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the third-party's or the user's failure to fulfill any of its obligations as described above.