Charm Club Terms & Conditions
TERMS & CONDITIONS
The Charm Club Rewards program is administered by charming charlie LLC. Charm Club Rewards is a free, points-based customer loyalty program valid in the United States and on www.charmingcharlie.com. No purchase is required to join. Members earn Rewards based on points accumulated from qualifying charming charlie purchases and other incentives. Rewards are valid for dollars off any US store and www.charmingcharlie.com purchase.
By becoming a Charm Club Rewards member, you (i) represent that you are 18 years of age or older and (ii) agree to these program Terms & Conditions ("Terms"). PLEASE TAKE NOTICE THAT THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH A JURY TRIAL AND A CLASS ACTION WAIVER.
RIGHT TO AMEND
Charming Charlie reserves the right to amend or modify the Charm Club Rewards program and program Terms at any time and in any way at its sole discretion. If charming charlie amends or modifies the Terms, notice of such amendment or modification will be provided at charmingcharlie.com and may also include email to members. charming charlie may terminate the Charm Club Rewards program at any time, which may result in loss of accumulated points and rewards and cancellation of all benefits and privileges associated with the program. charming charlie will give members advance notice if the program is discontinued. The Charm Club Rewards program is void where prohibited by law.
Charming Charlie can delay enforcing its rights under these program Terms without losing them. In addition, charming charlie's failure to exercise its rights on any one occasion, or even on more than one occasion, does not constitute a waiver of charming charlie's rights for any future occasion. All waivers must be in writing.
Charm Club Rewards is an individual-oriented program. Membership in the Program is limited to individuals only and one account per individual. The Charm Club Rewards program is open to individuals who are at least 18 years of age, are U.S. residents and who provide and maintain a valid e-mail address. Corporations, associations, commercial customers and others purchasing items for resale are not eligible for membership. charming charlie employees and members of their immediate households are eligible for membership and subject to charming charlie's employee purchase policies. Membership eligibility is subject to applicable law.
Customers may enroll in the Charm Club Rewards program at any participating U.S. charming charlie store locations and www.charmingcharle.com. To enroll in the Program, customers must provide their first name, last name and email address. Customers are not required to provide a phone number to become a Charm Club member. However, if a customer provides her phone number, she can use it the next time she shops to identify herself as a Charm Club member. We offer this option as a convenience so that customers don't have to keep up with a card or membership number. Upon enrolling, members will be assigned a Charm Club Rewards account and an account number. Members are able to log into their online account with their registered email address to update their profile information or view their membership account information, including points balance and points needed to qualify for Premium Status. Members are provided the ability to use their email and password to gain access to a restricted portion of the charming charlie website. Each Member has the responsibility for the use and security of their access codes. If a Member of the Program is not already a registered user of the website, they need to log in to their member account with the email they provided upon enrollment and complete the required profile information.
Members can obtain information about the Program, their Account activity, and change their profile preferences and contact information at any time on charmingCHARLIE.com in their online account. Account and program information may also be obtained by contacting Customer Service by email at email@example.com or by phone at 1-888-675-2275.
Communications about the program, including any changes, point summaries, special promotional materials, and Rewards will be sent to the email address provided by the member. Members may also view their account status on charmingcharlie.com. charming charlie assumes no responsibility for and is not liable for any unauthorized access by third parties to a member's account and/or account information.
By enrolling in the Charm Club Rewards program, members agree to receive transactional emails as well as advertising, promotional offers, marketing materials and other communication and updates from charming charlie unless expressly disallowed as a profile preference. Members may unsubscribe from charming charlie promotional emails at any time via the unsubscribe link in those emails. Members will continue to receive rewards and program-related messages via email unless they contact customer service to cancel their membership.
Members are responsible for maintaining accurate and updated personal information regarding their account. charming charlie may obtain change of address updates from other sources such as the U.S. Postal Service, but is not obligated to do so.
There are two levels to the program.
- Earn 10 points for every $1 spent on qualifying purchases
- For every 1,000 points earned, receive a $5 Reward
- Member-only promotions and events
- Special birthday bonus
- Advance notice of price reductions
- Updates on new arrivals, special events, promotions and special offers
- Exclusive Charm Club return policy: We offer a full year to receive store credit for the amount paid at the time of transaction. Click here for complete return policy terms and conditions.
Birthday Bonus - Members will receive a Birthday Bonus Certificate during the member's birth month. Member must have a valid email address and birth date on file at least one week prior to their birth month to be eligible for a birthday bonus. To redeem a Birthday Bonus, Members must present a physical or digital copy of the Birthday Bonus Certificate prior to purchase. Offer and validity will vary.
A customer earns premium status once they have spent $250 within a calendar year. Premium status is based on spending, not points - therefore, bonus points do not apply to earned status.
Upgrade to Premium status is calculated monthly and members will be sent their premium status welcome message shortly thereafter. Premium status and benefits begin immediately upon receipt notification and are valid for the balance of the qualifying year and through the end of the following calendar year.
- Exclusive Premium Status Bonus Point Promotions
- Exclusive event invitations and offers
- Upgraded birthday bonus
Members must qualify for premium status each calendar year for benefits the following year. Eligibility is reviewed monthly. For existing premium members who do not re-qualify for Premium status in the second or subsequent year, their membership will revert to a Regular program membership upon expiration at end of the calendar year. Notifications prior to expiration will be sent to members to encourage them to re-qualify.
A member spends $50 on June 12, 2013. This purchase, cumulative with all dollars spent in 2013, totals $250 or more. The member now qualifies for Premium membership and CHARMING CHARLIE will notify the member in July that they have qualified for Premium status and will enjoy premium benefits through December 31, 2014.
The member will need to spend at least $250 within 2014 to maintain Premium status for another year. As soon as her cumulative spending in 2014 meets or exceed $250, she has re-qualified for Premium status for 2015 and will continue enjoying Premium membership benefits without interruption throughout 2015.
PREMIUM STATUS BONUS POINT PROMOTIONS CERTIFICATES
Premium members will receive promotional offers from time to time throughout the year. To redeem a Premium Status Bonus Point Certificate or participate in a premium-only bonus point offer, a member must be a current Premium status member and either present and surrender the valid Premium Bonus Certificate or identify themselves as a Premium Status member prior to purchase. Expiration dates of the certificates and offers may vary, but the valid period cannot exceed the term of Premium membership. Bonus Point Certificates are non-transferrable. Bonus Point Certificates are combinable with other promotional offers, including other bonus point promotions.
PARTICIPATION / OWNERSHIP
Points and/or Reward Certificates are not transferable, have no cash value, may not be purchased and are not redeemable for cash under any circumstances except as required by law. Points and/or Reward Certificates may not be combined among Members or conveyed by any means to anyone, including through a Member's estate, and may not pass to a Member's successors. charming charlie accrued Points and/or Reward Certificates do not constitute property of the Member. charming charlie accrued points and/or Reward Certificates are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise. Points and other benefits of the Program may be taxable where required by law.
Any membership card is the property of charming charlie and must be surrendered upon request. Membership rules are void to the extent where prohibited by law.
A member may cancel their membership at any time by contacting Customer Service at 1-888-675-2275. Cancellation may take 10 business days to finalize. Upon cancellation, membership will be inactivated.
charming charlie, at its sole discretion, has the right to terminate an individual membership and close a member's Charm Club Rewards account at any time and for any reason; including violating these terms and conditions or any conduct detrimental to charming charlie or otherwise not within the spirit of the Program. In the event of a member's account being terminated, the member forfeits any balance of accumulated points, rewards or any other account value.
charming charlie reserves the right to make bonus points and other promotional offers available to select Members based on purchase activity, geographic location, program participation, and/or information supplied by the Member. charming charlie reserves the right to add, withdraw, amend, or otherwise change bonus opportunities at any time at its sole discretion.
Any account with no qualifying purchases for a period of 3 years (36 months) or more will be deemed inactive and the account may be closed at charming charlie's discretion.
Purchases and account accrual, as reflected in charming charlie records, shall be deemed correct. charming charlie reserves the right to determine the amount of Reward Certificate s to be awarded to a member based on charming charlie's internal records related to a member's account. In the event of an inconsistency between the amount accrued in a member's account as stated on any member's receipt or online and charming charlie's internal records, charming charlie's internal records will control. charming charlie reserves the right to make corrections at any time, in its sole discretion, in the calculation of the award of points or Reward Certificates.
Members earn 10 points for every $1 spent on qualifying purchases. Qualifying purchases are defined as the purchase amount of any in-store or online purchase of charming charlie merchandise excluding sales tax, state fees, shipping charges, delivery charges, discounts, redemption of Reward Certificates and redemption of gift cards, fees or other excluded charge. Program points are awarded upon purchase of charming charlie Gift Cards, but not on redemption.
Points issued are based on the total qualifying purchase and rounded to the nearest 10 point increment. For example, $10.49 earns 100 points, where $10.50 earns 110 points.
Points for qualified purchases will post to the members' account within 72 hours of the qualifying purchase. Points will be credited only to the account of the Charm Club Rewards member who makes the qualifying purchases. Points are not transferrable or combinable with other accounts.
Points issued are valid for 12 months from the date of purchase. A member's points do not expire so long as the member makes at least 1 qualifying purchase every 12 months. If the member has no qualifying purchase within 12 months, all accumulated points will expire and be forfeited. Each qualifying purchase automatically extends the expiration date of all unused points in a member's account for 12 months from the date of the qualifying purchase. Points earned from activities other than qualifying purchases do not extend the expiration date of points.
If a customer has 900 points and had two purchases, 4/12/13 and 6/1/13, they can make a purchase on 5/29/14 and save ALL of their points until 5/29/15. But, if they do not make another purchase, ALL of their points expire on 6/1/14.
Points are only awarded on transactions where a Charm Club Rewards account is identified at the time of purchase. We are unable to retroactively issue points for a purchase where an account was not identified. Points cannot be accumulated on purchases made prior to membership. All points and subsequent rewards must be earned and used according to the terms and conditions of the program.
Points have no cash value and are non-transferable or exchangeable unless specifically authorized by charming charlie. Points may be earned on purchases up to $2,000 within any given calendar year. Any purchases within a calendar year exceeding $2,000 may not accrue points.
Reward Certificates are valid towards the purchase of any charming charlie merchandise available in US stores and www.charmingcharlie.com. For every 1,000 points earned, members are eligible to receive a $5 Reward Certificate, redeemable as a discount off the future US store and www.charmingcharlie.com purchase of any charming charlie merchandise. Rewards are calculated monthly and will be emailed by the 10th of the month to the email account provided by member. The value of the Reward will be in increments of $5 based on total points redeemed. All Rewards will be calculated and issued by charming charlie. There will be no Reward Certificates issued in stores nor will customers be able to redeem points 'at will' through their online account.
Points will automatically be subtracted from the member's point balance upon issuance of a Reward Certificate. Any remaining balance of accrued points will be reflected in the member's point balance. Reward Certificates are available for members to print directly from the email.
Reward Certificates are not transferable and may only be used by the member to whom issued. Reward Certificates are not valid on prior purchases, certain products and services or purchase of charming charlie Gift Cards. Other restrictions may apply.
To redeem Reward Certificates in store, members must present and surrender a copy of their Reward Certificate to the sales associate at the time of redemption. Alternatively, a member can present their Reward Certificate to the Sales associate at the time of redemption by showing the certificate and corresponding code on their mobile device. Up to three Reward Certificates may be applied within a single transaction in store.
To redeem Reward Certificates online, members must enter a valid and current Reward Code from their Reward Certificate in the Voucher Field during the checkout process. Only one Reward Certificate may be applied within a single online transaction.
Reward Certificates are combinable or can be used in conjunction with any other charming charlie promotional or sale price offer, discount or coupon, not to exceed the purchase amount both in store and online.
Reward Certificates must be fully used within a single transaction; any unused balance will be forfeited. Reward Certificates are non-transferable or exchangeable unless specifically authorized by charming charlie. Reward Certificates have no cash value and are not redeemable for cash and no change/currency will be given for any unused portion of a Reward Certificate. Reward Certificates are void if sold, purchased, bartered or exchanged for cash or other consideration or if received or used in violation of these Program terms and conditions.
Unless noted otherwise on the Reward Certificate, each Reward Certificate will expire at the end of the month following the month of issue. Reward Certificates must be used before the expiration date indicated on the certificate or the Reward Certificate will be forfeited.
charming charlie will not be responsible for a failure of any Program member to receive his or her Rewards Certificate in the event the member has failed to update his or her e-mail address.
Points earned on purchased items that are later returned will be deducted from a member's account. When a member returns products, points previously posted to a Member's account for that purchase will be deducted from the Member's Account equal to the amount of points earned for that purchase. Should a return create a negative balance in a members account, points earned and posted to the account will be applied to the negative balance until the account balance reaches zero. Then, points resume to accumulating for future Rewards.
In the event that a member returns merchandise that was partially or wholly paid for with a Reward Certificate(s), the Reward Certificate(s) used in connection with such a purchase shall not be reissued and no points representing such Reward Certificate(s) shall be reissued to such member's account. The member will not receive the value of the Reward Certificate because it has no cash value.
From time to time, Members may be eligible for sweepstakes, contests or other similar promotions. Participation in such events shall be subject to the terms, conditions, and rules published at the time of such event and applicable state laws.
The charming charlie logo, Charm Club Rewards logo and other logos and taglines are solely the intellectual property of charming charlie Inc.
The Charm Club Rewards program and these Terms will be governed by and construed under the substantive laws of the State of Texas without reference to conflict-of-laws considerations, except where federal law including the Federal Arbitration Act apply.
Please read this Section ("Arbitration Agreement") carefully. It is part of the Terms and affects Member's rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
All claims and disputes between a Charm Club Rewards Member and charming charlie (including its employees and agents) regarding, relating to or arising out of the Charm Club and/or these Terms shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, Inc. (formerly Judicial Arbitration and Mediation Services), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall select an alternative ADR Provider. The parties may also mutually agree on an alternative ADR provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms ("Arbitration Rules"). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of the Member's residence. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
In the event that the Member demonstrates that (1) his or her claim is less than $10,000, and/or (2) the costs of arbitration will be prohibitive as compared to costs of litigation, charming charlie will pay as much of Member's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. charming charlie also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, charming charlie will not pay Member's share of the arbitration fees if the arbitrator finds that either Member's claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
The arbitrator will decide the rights and liabilities, if any, of the Member and charming charlie, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the Member and charming charlie.
MEMBER AND CHARMING CHARLIE HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PROPERTY OWNER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER. In the event that this subparagraph is deemed invalid or unenforceable neither Member nor charming charlie are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Houston, Texas.
Except as otherwise provided in subparagraph (g), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
If Member does not want to be bound to this Arbitration Agreement, Member must opt out of it within 30 days of it first becoming applicable to the Member (i.e., within 30 days of the Member first agreeing to a version of these Terms containing the Arbitration Agreement). To opt-out you must send a letter or postcard to charming charlie, at the attention of the "Legal Department" at 5999 Savoy, Houston, Texas 77036.
This Arbitration Agreement shall survive the termination of the Terms.
Notwithstanding any provision in these Terms to the contrary, charming charlie agrees that if charming charlie makes any future change to this Arbitration Agreement provision, it will not apply to any individual claim(s) that Member had already provided notice to charming charlie.
Notwithstanding the foregoing, either Member or charming charlie may bring an individual action in small claims court.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (including but not limited to if the Member opts out of arbitration pursuant to subparagraph (i)) , the parties hereby agree to submit to the personal jurisdiction of the courts located in Harris County, Texas, for such purpose.