Effective Date: 9/30/2024
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE EATALY AMICI REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE EATALY AMICI REWARDS PROGRAM.
You agree that Eataly (as defined below) may provide updates, notices, disclosures and amendments to these Terms of Use (as defined below), and other information relating to the Eataly Amici (as defined below) rewards program by electronic means, including posting such information and materials online at www.eataly.com/amici
YOU UNDERSTAND AND ACKNOWLEDGE THAT EATALY AMICI (AS DEFINED BELOW) MAY BE TERMINATED AT ANY TIME WITHOUT NOTICE TO YOU, AND ALL ACCRUED POINTS SHALL BE VOID.
TERMS
These terms of use (the “Terms of Use”) apply to your access to, and participation in, the Eataly Amici Rewards program in the United States (“Eataly Amici”), which is operated by Eataly USA LLC and Eataly Net USA LLC or its respective subsidiaries, licensees, and affiliated companies (collectively, “Eataly”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Eataly for other products or services.
CHANGES TO TERMS
Eataly reserves the right to change or modify these Terms of Use or any policy, or guideline pertaining to Eataly Amici, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.eataly.com/amici, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Eataly Amici following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in Eataly Amici.
FOR PERSONAL USE
Eataly Amici is intended for personal use only. Commercial use is prohibited, and program membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Eataly in its sole discretion. Eataly Amici is not targeted towards, nor intended for use by, anyone under the age of 18. If you are under 18, you may access and participate in Eataly Amici only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Our Privacy Policy is incorporated into these Terms of Use and also governs your participation in Eataly Amici. Please read the Privacy Policy carefully to understand how Eataly collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.
ABOUT EATALY AMICI
Eataly Amici is one way in which Eataly endeavors to reward and thank loyal customers for patronizing our business and purchasing Eataly products. Eataly Amici members are able to earn and accumulate “Points” that can be redeemed for Eataly Amici benefits (the “Rewards”) at the Eataly stores in the United States.
JOINING EATALY AMICI
To join Eataly Amici, sign up at the checkout counter at the Eataly store by providing the following information: name, Zip Code, phone number, email address, date of birth.
To join Eataly Rewards, you will be automatically enrolled in the email marketing from Eataly permitting Eataly to send emails to you with respect to the Eataly Amici program, as well as Eataly’s newsletter and other marketing communications unless and until you opt out from such emails as provided herein. Upon joining Eataly Amici, you automatically are provided with a physical Eataly card (the “Eataly Card”) with five hundred (500) welcome points (equal to a $5.00 value) (the “Welcome Points”). If you no longer wish to receive our marketing communications, you may unsubscribe at any time by clicking on the “unsubscribe” button included in such communications. Your Eataly Card is subject to the Eataly Terms and Conditions, which are incorporated into these Terms of Use.
EARNING REWARDS
The Rewards that are available to you through Eataly Amici are based on the number of Points that you earn. You can earn Points by making purchases at participating Eataly stores in the United States in the following ways:
1. Scanning your member barcode on the Card at checkout and then paying with cash, credit card, debit card, gift card, or loyalty balance . You can earn 2.5 Points for every one ($1.00) US Dollar you spend at participating US Eataly stores.
2. Promotional Bonus Points Offers. From time to time, we may offer you opportunities to earn additional “Bonus Points” through special promotions. These promotional Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.
You are required to present your Card prior to payment in order to receive Points. Points will not be granted on previously-completed purchases where a valid Card was not presented prior to payment. Note that Points may be earned in fractional amounts depending on the value of your purchase.
EXCLUSIONS TO EARNING POINTS
You may not earn Points in connection with certain types of promotional programs. In addition, you cannot earn Points on purchases made online or at any Eataly restaurants (including but not limited to “La Pizza e la Pasta”, “Il Pastaio”, or “Terra” ), gift cards, online purchases, educational classes, and events. Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, are also excluded and ineligible for Points accrual.
RETURNS
For information about how Eataly handles returns, please read our in-store return policy. Your Points balance may be impacted by returns as follows:
1. If you void a purchase, Eataly will deduct the Points that you earned for that purchase, potentially resulting in a negative Points balance on your account.
2. If you return products purchased, Eataly may deduct the Points earned in connection with your purchase, potentially resulting in a negative Points balance.
POINTS EXPIRATION
Unless otherwise noted, Points are automatically added to your account within twenty-four (24) hours of your eligible purchase and expire three hundred and sixty-five (365) days after the day in which such Points were earned. The oldest accrued Points will be used first for redemptions. You can track your Points balance and available Rewards, as well as any additional benefits for which you are eligible as an Eataly Amici member, at the Eataly store.
REDEEMING POINTS FOR REWARDS
Points may be redeemed for Eataly items at participating Eataly stores in the United States. To “redeem” means to use your Points to pay, or partially pay, for eligible purchases by using your Card at the point of sale in an Eataly Store that offers redemption, following the instructions provided by the cashier or the point-of-sale terminal. You can redeem the Points you earn for eligible purchases including grocery items and quick service restaurants (as classified by Eataly in Eataly’s sole discretion), or for any other purposes of which we may advise you from time to time. Points cannot be redeemed online. You must accrue a minimum of 2,000 Points (equal to $20.00) before redeeming any amount of Points. If you want to redeem more than 2,000 Points at one time, you may. However, before each redemption, you must have a balance of at least 2,000 Points, failing which you will be unable to redeem any Points. Every 1 Points results in $0.01 in rewards.
POINTS REDEMPTION AVAILABILITY MAY VARY
The items available for redemption using the Points redemption may vary. Eataly may, in its own discretion, decide which item are available for Points redemption.
OTHER IMPORTANT POINT REDEMPTION INFORMATION AND EXCLUSIONS
We may limit quantities of products on which a single member may earn Points. For example, we may make an offer of Bonus Points on the purchase of a particular product, and state that an Eataly Amici member may only earn Points for a single purchase of that product, or for a purchase of any other number we specify. If you earn Points in a manner not permitted by these Terms of Use or any offer, we may deem, in our sole discretion, any such Points to be invalid and cancel them, which will result in the removal of such Points from your Card.
Discounts cannot be combined. If you are eligible for multiple rewards in the form of discounts, the higher discount will be applied to your purchase.
ADDITIONAL BENEFITS OF EATALY AMICI
As an Eataly Amici member, you may be eligible for the following additional benefits:
Birthday Reward. On your birthday (as indicated when you set up your Eataly Amici account), you will receive a one-time twenty percent (20%) discount on your grocery shopping or at a quick service restaurant, as classified by Eataly in Eataly’s sole discretion (the “Birthday Reward”). Your Birthday Reward may be redeemed at the Eataly store only and excludes: online purchases, purchases at Eataly restaurants (including but not limited to “La Pizza e la Pasta”, “Il Pastaio”, or “Terra”), gift cards, online purchases, educational classes, and events. Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, are also excluded and ineligible for Points accrual. To qualify for your Birthday Reward, you must join Eataly Amici at least seven (7) days prior to your birthday, provide your birthday as a part of your account information, and make at least one Point-earning transaction prior to your birthday each year. Your Birthday Reward will be automatically added to your account on your birthday and is valid only for the thirty (30) day period following your birthday. You must present your registered Eataly Card in order to redeem your Birthday Reward. You can check to see if your Birthday Reward is available by scanning your card at checkout at the Eataly store.
Early or extended access to certain promotions and offers. Eataly may offer Eataly Amici members early or extended access to discounts as communicated to you from time to time. You may take part in these offers by paying with an Eataly Card registered to your account.
Personalized offers and coupons. Special offers may be distributed by email. You may be required to opt-in and activate special offers via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from Eataly and you may be required to provide a valid email, telephone, physical address and your birthday. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus Points. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to scan your member barcode on your Eataly Card in order to redeem special offers. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.
The above benefits are subject to the general rules for Point redemption described herein.
Eataly reserves the right to change or suspend the number and type of benefits offered to members of Eataly Amici in its sole discretion at any time. Any such changes will be communicated by publication at www.eataly.com/amici, and will be effective immediately.
OTHER IMPORTANT INFORMATION YOU SHOULD KNOW
These Terms of Use complement and incorporate by reference the Eataly Terms & Conditions. In the event of any conflict between the Eataly Terms and Conditions and these Terms of Use, these Terms of Use control.
There are no participation or membership fees associated with Eataly Amici. Points accrued in connection with Eataly Amici are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with Eataly Amici cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Eataly.
Your Points, Rewards, registered Eataly Card, and Eataly Amici account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Eataly Amici account that is personal to you.
To the extent permitted by law, Eataly accepts no liability for any errors in the Points balance displayed on any email, receipt or other method. If any Points are awarded to your Card in error, we reserve the right to deduct the number of Points awarded in error at any time and without notice to you. We are not obligated to honor a request to redeem Points added to an account in error. Points will not be awarded if in our reasonable opinion the products purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. We are not responsible for any errors that may occur in the sending or loading of offers or if there is a delay in sending or loading offers. We are not obligated to honor a request to earn or redeem Points that were not earned or redeemed due to an error or delay in the sending or loading of offers.
If your Card is lost or stolen, contact us to turn off redemption capabilities for your Eataly Card. You are responsible for all redemptions on your Eataly Card, including any redemptions made on your account before you turn off redemption capabilities on the Eataly Card that was lost or stolen, and all redemptions made on your Eataly Card as a result of unauthorized access to your Eataly Card.
We reserve the right to audit your account at any time, in our sole discretion. If as a result of such audit we deem or suspect in our sole judgment that you have violated any of these Terms of Use, abused the Eataly Amici program, engaged in any illegal activity, fraud, deception, misrepresentation, unauthorized use of Points, Rewards or any other aspect of the Eataly Amici program, or operated more than one (1) account, Eataly reserves the right, without notice to you, to suspend any Eataly Card registered to your account and/or terminate your account and/or your participation in Eataly Amici, in Eataly’s sole discretion, and you will be ineligible for further participation in the Eataly Amici program. Any decisions by Eataly concerning the termination of any member’s membership shall be final and binding in all respects. If we suspect that you have engaged in illegal activity, fraud, misrepresentation, abuse of the Eataly Amici program or violation of these Terms of Use, we also reserve the right in our sole discretion to take appropriate legal action. Eataly may suspend, cancel or combine Eataly Amici accounts that appear to be duplicative. In the event that your participation in Eataly Amici is terminated or the Eataly Amici program is terminated as a whole for any reason, all accrued Points in your account are void and cannot be transferred to a different account.
Without notice to you, Eataly also reserves the right to “unregister” and make ineligible for Eataly Amici any Eataly Card or account that has been inactive for twelve (12) months. Inactivity is defined as no Points earned during such twelve (12) month period. In the event that your Eataly Card or account is unregistered or rendered inactive, all accrued Points in your account are void and cannot be transferred to a different account.
Eataly reserves the right to change, modify, discontinue or cancel Eataly Amici or any part of the Eataly Amici program at any time and in its sole discretion, without notice to you. We may modify all or one or more parts of these Terms of Use at any time, including the following elements: (i) the manner in which an Eataly Amici member participates in the program; (ii) the manner and rate at which Points are earned, and (iii) the manner and rate at which Points are redeemed. Any changes to these Terms of Use, suspension and/or termination of Eataly Amici will be communicated by publication at www.eataly.com/amici, and will be effective immediately.
Members may terminate enrollment in Eataly Amici at any time at participating stores or by contacting Eataly at amici@eataly.com. If you terminate your enrollment in Eataly Amici, all accrued Points in your account will be void and cannot be transferred to a different account.
LIMITATION OF LIABILITY
NEITHER EATALY NOR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, OR LICENSORS (COLLECTIVELY, THE “EATALY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR ANY OF THE REWARDS ASSOCIATED WITH THE EATALY AMICI PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION THAT DEFECTS OR ERRORS WILL BE CORRECTED.
NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN EATALY AMICI, INCLUDING WITHOUT LIMITATION ITS REWARDS, AND/OR THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE EATALY AMICI PROGRAM, TERMINATION OF YOUR MEMBERSHIP IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
YOU AGREE THAT THE EATALY PARTIES SHALL NOT BE RESPONSIBLE FOR OR LIABLE IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) FOR ANY INTERRUPTION OF BUSINESS, DELAYS OR INTERRUPTIONS TO THE EATALY AMICI PROGRAM, DATA LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION, LOSS OR DAMAGES INCURRED IN CONNECTION WITH ANY THIRD-PARTY LINKS, COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS OF OUR WEBSITE, ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT, ANY FRAUDULENT, IMPROPER OR UNLAWFUL USE OF THE EATALY CARD, OR EVENTS BEYOND OUR REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, CYBERATTACKS, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY).
IN NO EVENT SHALL THE EATALY PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE EATALY AMICI PROGRAM OR YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE), EVEN IF THE EATALY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED [ONE HUNDRED DOLLARS ($100.00)].
CERTAIN STATES LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
GENERAL
By participating in any aspect of Eataly Amici, you (and your parent or legal guardian on your behalf, as the case may be) agree to be bound by these Terms of Use. These Terms of Use may be amended from time to time and you should check www.eataly.com/amici regularly for any updates.
Unauthorized reproduction of any Eataly Card is prohibited and can result in legal prosecution. All Eataly Cards belong to us and may be revoked at any time at our sole discretion. However, you are responsible for protecting and keeping secure the Eataly Card granted to you upon signing up for Eataly Amici.
We reserve the right to sell or transfer all or part of Eataly Amici to a related company or to a third party, to merge with another entity or to engage in any form of corporate, reorganization or financing transaction. In addition, the manner in which Eataly Amici is provided to you and the organizations providing offers in connection with Eataly Amici may change. Please refer to our Privacy Policy for details as to how your personal information would be handled in such cases.
If any of the information you were required to submit when you registered for Eataly Amici changes (such as your name, email address, or phone number), you must let us know immediately and give us your current information. We are not responsible if we cannot contact you because you have not given us current, accurate information.
Our failure to exercise any of our rights, powers or remedies in these Terms of Use or at law, or any delay in doing so, does not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent its subsequent exercise or the exercise of any right, power or remedy.
Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”. Any dollar amounts referenced in connection with the Eataly Amici program or these Terms of Use are referenced in US dollars.
SEVERABILITY
If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
GOVERNING LAW
These Terms of Use are governed by the laws of the state of New York and the federal laws applicable in New York.
CONTACT US
If you have any questions about Eataly Amici, please email us at amici@eataly.com
