Cashback Loyalty Programme Terms
These terms govern the SIA “FERAKS” Cashback loyalty programme, including the accrual, use and control of points for B2C and B2B customers.
Key Programme terms
✓Standard Cashback: 7% of the net-of-VAT value of eligible goods.
✓Points may cover up to 50% of the value of eligible goods where the order value of goods is at least EUR 30.00, unless a specific offer states otherwise.
✓1 Cashback point entitles the user to a EUR 1.00 discount within the Programme only; points cannot be redeemed for cash.
✓Standard points expire 90 calendar days after being credited unless a specific promotion provides a different period.
1. Terms and definitions ▲
1.1. Company – SIA “FERAKS”, registered and operating under the laws of the Republic of Latvia.
1.2. Programme – the voluntary Cashback loyalty programme organised by the Company to promote customer loyalty.
1.3. User – a registered Company customer, natural or legal person, participating in the Programme within a B2C or B2B relationship.
1.4. Cashback points – virtual loyalty units recorded in the User’s account which entitle the User to a discount under these Terms.
1.5. Cashback points are not money, electronic money, a deposit, a means of payment or an independent right to demand a cash payment.
2. Participation in the Programme ▼
2.1. The Programme is voluntary and available to registered Users. The Company may offer different Programme benefits to B2C and B2B customers where clearly stated in the relevant offer.
2.2. Joining and using Cashback functionality constitutes acceptance of the Programme Terms made available before joining or using the relevant benefit.
2.3. A User may end participation at any time. Upon a User’s request to terminate participation, unused points are cancelled unless mandatory law provides otherwise.
2.4. The Programme account is intended for the specific User. The User is responsible for access security and must not knowingly allow another person to use the account to circumvent these Terms.
3. Legal nature ▼
3.1. The Programme is operated in accordance with applicable Latvian and EU law, including consumer protection, fair commercial practices, e-commerce and data protection requirements.
3.2. The Programme itself is not a financial service, electronic money or payment service, investment instrument, lottery or gambling activity. Points are used solely as a mechanism for recording Programme discounts.
4. Accrual of Cashback points ▼
4.1. Standard Cashback is calculated at 7% of the net-of-VAT value of eligible goods. Cashback is not earned on delivery costs, taxes, fees, third-party services, discounted goods or promotional-price goods unless a specific offer expressly states otherwise.
4.2. Points are credited only after full payment and confirmation of the transaction in the Company’s accounting systems. The recorded balance may be corrected following a refund, cancellation, technical or accounting error, duplicate transaction or other objective basis.
4.3. If a technical, system, obvious pricing or calculation error results in points inconsistent with the published Terms or actual transaction, the Company may make a justified correction.
4.4. Where there are reasonable grounds to suspect fraud, circumvention or other abuse, the Company may suspend the crediting of points while the matter is reviewed.
5. Use of Cashback points ▼
5.1. Within the Programme, 1 Cashback point entitles the User to a EUR 1.00 discount on an eligible purchase. This does not give the point monetary value outside the Programme.
5.2. Points may cover no more than 50% of the value of eligible goods where the order value of goods is at least EUR 30.00, unless a specific promotion or individual offer expressly provides otherwise.
5.3. Points cannot be used for delivery costs, taxes, fees or third-party services. The Company may exclude goods or product groups from Cashback redemption where that restriction is clearly disclosed before purchase.
5.4. Standard points expire 90 calendar days after being credited. Promotional, registration, referral or other special bonus points may have a different validity period where clearly stated in the offer.
5.5. Unused expired points are automatically cancelled and are not compensated in cash.
5.6. Points may not be freely transferred, sold, gifted or exchanged between accounts unless the Company expressly provides otherwise for a particular Programme feature.
6. Returns, cancellations and point adjustments ▼
6.1. If a transaction for which points were credited is fully or partly cancelled, goods are returned or the purchase price is reduced, the Company may cancel or proportionally recalculate the points credited for that transaction.
6.2. If points were used to purchase returned goods, the cash refund is determined by the amount actually paid by the User in money or another means of payment. Restoration of used points is handled under the Programme’s technical procedure and applicable law; restored points do not create a right to their cash equivalent.
6.3. If points subject to cancellation have already been used and this creates an unjustified balance, the Company may correct the balance, including by setting it off against future Programme points, to the extent legally permitted.
7. Promotions, coupons and referral programmes ▼
7.1. The Company may run temporary promotions, referral programmes, registration bonuses, coupons, promo codes and individual offers.
7.2. Special-offer terms may differ regarding point rates, validity, eligible goods, minimum purchase amounts and combination with other discounts. Such conditions are clearly stated in the relevant offer.
7.3. Discounts, coupons, promo codes, Cashback and other benefits do not combine unless the relevant offer expressly states otherwise.
7.4. The Company may amend or end a promotion for future transactions in accordance with its published terms. Completed transactions and acquired rights remain subject to the terms applicable at the time of the transaction, except in cases of obvious error, fraud or other circumstances permitted by law.
8. Electronic communications and marketing ▼
8.1. Informational or service communications directly related to operation of the Programme, such as point accrual, use, expiry, account security or material Programme changes, may be sent where necessary to provide the Programme and where legally justified.
8.2. Participation in the Programme does not by itself constitute consent to electronic marketing. Marketing communications to natural persons are sent only where an appropriate legal basis exists under applicable law.
8.3. Users are provided with a means to opt out of further marketing communications as required by law. Opting out of marketing does not by itself terminate Cashback Programme participation.
9. Protection against abuse ▼
9.1. Abuse is prohibited, including creating multiple accounts to circumvent restrictions, fictitious transactions, artificial splitting of orders, return manipulation, unauthorised technical interference, deliberate exploitation of errors, unauthorised use of another person’s account or other actions intended to obtain Programme benefits without proper basis.
9.2. Where there are reasonable grounds to suspect a breach, the Company may suspend accrual or use of points during review. If a breach is reasonably established, the Company may cancel improperly obtained points, restrict or terminate participation and use other lawful remedies.
9.3. In assessing a dispute, the Company may use CRM, ERP, online-store, payment and system-log data, order history and other available evidence. Such data does not have predetermined absolute evidential value; disputes are assessed under applicable law.
9.4. An obvious technical error or system malfunction does not by itself entitle a User to demand an erroneously displayed or credited benefit where the User knew or could reasonably have known that it resulted from an error.
10. Tax and accounting ▼
10.1. Cashback points are accounted for as a loyalty/discount mechanism. Tax and accounting treatment of each transaction follows the law applicable at the relevant time.
10.2. The User, particularly a legal entity or person carrying on business activity, is responsible for assessing its own tax and accounting obligations where applicable.
10.3. The Company may change the technical accounting method where necessary to comply with legal, tax, accounting or system requirements, without restricting acquired rights to the extent protected by law.
11. Amendments and termination of the Programme ▼
11.1. The Company may amend the Programme Terms prospectively, including the accrual rate, redemption limits, validity period, eligible products and other Programme conditions.
11.2. The current Terms are published on the Company website. Users will be informed within a reasonable period before materially adverse changes apply, unless immediate change is required by law, security, fraud prevention or objectively necessary technical reasons.
11.3. Amendments generally apply to future transactions and do not remove lawfully acquired and still-valid points before their original expiry, except where correction is required due to error, cancelled transaction, abuse, legal requirements or another lawful basis.
11.4. The Company may terminate the Programme. If terminated at the Company’s initiative without a User breach, the Company will, where reasonably possible, provide a reasonable period to use valid points and publish the termination procedure, unless law or objective circumstances require otherwise.
12. Final provisions ▼
12.1. The Programme operates without a predetermined end date until the Company announces amendment or termination.
12.2. The Programme and these Terms are governed by the laws of the Republic of Latvia. Consumers retain mandatory statutory rights and applicable dispute-resolution rights.
12.3. If any provision becomes invalid or unenforceable, the remaining provisions remain effective to the extent the Programme can continue without that provision.
12.4. The Terms may be available in several languages. In the event of inconsistency or interpretative differences, the Latvian version is the base version to the extent this does not restrict mandatory consumer rights.
Cashback is a voluntary FERAKS loyalty and discount mechanism. Points cannot be redeemed for cash and may be used only in accordance with the Programme Terms.
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