Perfumania Perks Terms and Conditions

PERFUMANIA PERKS PROGRAM TERMS AND CONDITIONS

1. Consumer Disclosures Regarding Points

a. The Perfumania Perks Program described herein (the "Perks Program") is conducted by and for Perfumania, Inc. and Perfumania.com, Inc. (collectively "Perfumania"), a subsidiary company of Perfumania Holdings, Inc., with its principal office at 35 Sawgrass Drive, Suite 2, Bellport, New York 11713.

b. Membership and participation in the Perks Program is free to eligible persons. See Section 2 of these Perfumania Perks Program terms and conditions (the "Terms and Conditions") for eligibility requirements.

c. Subject to these Terms and Conditions, Members of the Perks Program ("Members") earn points ("Points") with every completed and final purchase made directly from Perfumania stores or on the Perfumania website - Perfumania.com (the "Website"). The number of Points earned per dollar spent is based on the tier level a Member has reached ("Membership Tier"). Membership Tier is based on the amount spent by the Member at Perfumania stores or on the Website during a rolling 365 day period. There are four Membership Tiers: Bronze (lowest), Silver, Gold and Platinum (highest). The benefits provided to each Membership Tier are discussed in Section 4.

d. Membership Tiers and Points balances will be available via the Website and, upon request, at Perfumania "bricks and mortar" stores. Points earned and changes to Membership Tiers based on purchases at Perfumania "bricks and mortar" stores may take up to 24 hours to appear online after a purchase is made in the store. Points are earned only for whole dollars spent. Points ARE NOT AWARDED: (1) with respect to any tax spent on purchases; (2) with respect to shipping and/or handling charges; OR (3) in connection with the purchase of gift cards. Points are earned only with respect to the price actually paid, exclusive of any shipping and handling charges and/or any taxes, i.e., if an item is on sale or being sold at a discount, Points are earned with respect to the sales price or discounted price, not the original price.

e. Member's residing in Puerto Rico can redeem their Points in-store only unless they make purchases on the Website and have such purchases delivered to an address in the continental United States.

f. Points are not transferable or assignable, have no independent monetary value and may not be redeemed for cash, merchandise, or any other benefit, except that they may be deemed for Perfumania merchandise as expressly provided in these Terms and Conditions. Points can be used only once and only by the Member to whom they were awarded.

g. Points do not expire. A Member's Tier may be automatically downgraded, as explained in Section 5.

h. Points CANNOT BE USED: (1) towards the purchase of gift cards, (2) to pay shipping or handling charges, or (3) to pay any tax due with respect to any purchase.

2. Membership and Eligibility Requirements

a. Membership in the Perks Program is available at no cost to all persons who (i) are legal residents of one of the fifty (50) United States, Puerto Rico or the District of Columbia, (ii) are at least13 years of age. Members younger than 18 years must have permission from a parent or legal guardian to participate. A purchase is not necessary to become a Member of the Perks Program.

b. To sign up for the Perks Program, log on to the Website and follow the prompts or visit a Perfumania store and sign up there.

c. Each Member's right to accumulate and use Points is conditioned upon the Member's agreement to and compliance with these Terms and Conditions and the terms and conditions of the Website, including the Perfumania Privacy Policy set forth at http://www.perfumania.com/content/footerlinks3/privacy-policy/content.html ("Privacy Policy"), then in effect. By joining the Perks Program, each Member agrees to the Perks Program Terms and Conditions and the terms and conditions of the Website and Privacy Policy then in effect, and agrees, among other things, to Perfumania's use of the Member's personal information in the manner and in accordance with the Privacy Policy. In addition, a Member's use of Points constitutes that Member's confirmation of his/her agreement to these Terms and Conditions and the terms and conditions of the Website and Privacy Policy then in effect.

d. Perfumania reserves the right to terminate and/or refuse membership to any person it determines, in its sole discretion, has not complied with these Terms and Conditions, or is responsible for tampering with the Perks Program sign up process and/or any other aspect of the Perks Program.

3. Eligible Transactions/Activities

a. Subject to the exceptions listed in these Terms and Conditions, all Member purchases directly from Perfumania, whether online or at physical Perfumania stores, are eligible for Points. It is also possible that Points could be earned for eligible activities, such as responding to a survey. Perfumania is the final authority on whether a transaction or activity qualifies for an award of Points, and Perfumania reserves the right to deduct Points from a Member's Account (defined below) at any time in its sole discretion.

b. Any attempt to obtain Points as a result of a transaction or other qualifying activity for which a Perks Program Member has already received credit is prohibited and shall constitute a violation of these Terms and Conditions.

c. Points will not be given or awarded (or may be recaptured and voided if already awarded) for the following:

Cancelled orders

Orders that are not fully paid

Shipping and handling charges

Any and all applicable taxes

Refunded purchases

4. Membership Tiers

 

Members of the Perks Program redeem Points and earn benefits based on their Membership Tier. Benefits can be combined with other Perfumania offers and promotions. The Membership Tier benefits are set forth and explained below.

 

Tier

Spend in Rolling 1-year period

Points Earning Ratio per Dollar Spent

Tier Points Bonus

Discount %

Points Redemptions

Free Travalo Refills

Free Samples Program

Fragrance Insiders Program

Free Shipping on All Orders

Bronze

0 - 1,999 pts

4 pts

None

0

Yes

0

No

No

No

Silver

2,000 - 5,999 pts

6 pts

1,000 pts

0

Yes

4/yr

Yes

No

Yes

Gold

6,000 - 15,999 pts

8 pts

2,000 pts

0

Yes

4/yr

Yes

Yes

Yes

Platinum

16,000+ pts

10 pts

3,000 pts

5%

Yes

4/yr

Yes

Yes

Yes

 

a. Points Earning Ratio per Dollar Spent: This number correlates to the number of Points earned per dollar spent in Perfumania Stores or on the Website.  Earned points can take up to 24 hours to appear in a customers account.

b. Tier Bonus Points: Members earn a bonus when they cross the threshold into a higher Tier.  Tier Bonus Points can take up to 24 hours to appear in a customers account.

c. Discount %: In addition to Points Redemption discounts (discussed below), Platinum Members also receive an additional 5% off purchases.

d. Points Redemptions: Points are redeemed for a discount at the conversion rate of 1%. Examples of the conversion are set forth below:

c Member has 100 points - $1 off purchase

c Member has 1,000 points - $10 off purchase

c Member has 1,500 points - $15 off purchase

c Member has 20,000 points - $200 off purchase

At 5,000 and 10,000 Points, Members can redeem Points for products selected by Perfumania, in its sole discretion, and available in Perfumania stores or on the Website.

e. Free Travalo® Refills at Perfumania stores: Members must have their own branded Travalo® atomizer, whether it is purchased from Perfumania at the time of filling or brought from home. Silver, Gold, and Platinum Members can choose to fill their Travalo® four (4) times per year, free of charge, with any fragrance that has a tester at a Perfumania store.

f. Free Samples Program: Free samples can be obtained in Perfumania stores and through the Website.

g. Fragrance Insiders Program: Early access to new products at Perfumania stores and on the Website.

h. Free Shipping on All Orders: This applies to purchases at Perfumania stores and on the Website.

 

 

5. Automatic Downgrade

Members do not lose points, but can be automatically downgraded from their current Membership Tier if their spending in any 365 day period falls below the amount required for such Tier. For example, on June 1, 2015 a Member enters the Silver Tier by spending $500 at any Perfumania store or on the Website. If on June 1, 2016 the Member has not spent an additional $500 or more, the Member will be automatically downgraded to the Bronze Tier. The Member will keep all Points earned and can reenter the Silver Tier upon reaching the $500 requirement for the 365 day period starting on June 1, 2016.

 

6. Points Redemption

a. Points are applied to purchases at checkout. Members must provide either an email address or phone number to the sales associate to use points in the Perfumania stores.

b. Points cannot be used to pay for the cost of shipping and handling charges and/or any applicable taxes. Shipping and handling charges and/or any applicable taxes for all orders are calculated based on the total price of the merchandise, without regard to the use of Points. By way of example, if the merchandise purchase price is $100.00 and the Member receives a $20.00 discount based on Points redemption, any applicable taxes are based on the $80.00 net cost, not the $100.00 merchandise purchase price to the Member.

7. Returns/Exchanges

a. Return with a receipt (not an exchange) - If a Member is returning item(s) for which a Points redemption discount was received, the Member will receive back in cash or credit (depending on how the original purchase was transacted) the price of the item(s) minus the Points discount.The Member will NOT receive back cash or credit in the amount of the Points, but the Points will be returned to the Member's Points balance. Example - A Member purchased an item priced at $50, and received a $10 Points discount (Member paid $40). If the Member returns the item with a receipt, the Member will receive back $40 - the price of the original item minus the value of the Points discount.

b. Return without a receipt (not an exchange) - If a Member does not have a receipt, the return will be processed in the same manner as any other return without a receipt present, but the Points will be returned to the Member's Points balance.

c. Processing an Exchange with a receipt - If a Member (with a receipt) wishes to exchange a purchased item for a higher priced item, the Member must pay the difference due for the higher priced item. If a Member (with a receipt) wishes to exchange a purchased item for a lower priced item, the following will apply:

(i) If the difference between the price of the original item and the price of the exchange item is greater than the value of the Points used, then the Member will be refunded (in cash or credit) only the amount by which such difference exceeds the value of the Points. Example - A Member purchased an item for $50, and received a $10 Points discount (Member paid $40). If the Member exchanges the original item for an item priced at $30, the Member will receive $10 in cash or credit and $10 in Points will be returned to the Members Points balance.

(ii) If the difference between the price of the original item and the price of the exchange item is less than or equal to value of the Points used, then the Member will NOT receive a cash or credit refund, however, the Member will receive back the Points used on the original transactions. Example - A Member purchased an item priced at $50, and received a $10 Points discount (Member paid $40). If the Member exchanges that item for an item priced at $47, the Member will not receive a cash or credit refund, because the difference between the price of the original item and the price of the exchange item ($3) is less than the value of the Points used ($10). However, the Member will not be required to pay the difference between the value of the Points used and the price differential ($7).

EXAMPLES

1

2

3

4

Initial Item Purchase Price

$50.00

$50.00

$50.00

$50.00

Value of Points applied

$10.00

$10.00

$10.00

$10.00

Net Amount Spent By Member

$40.00

$40.00

$40.00

$40.00

The Member would now like to exchange the item originally purchased for an item with a different purchase price, as follows:

Purchase Price of Member's Exchange Item

$30.00

$47.00

$50.00

$60.00

Amount by which price of original item exceeds the
price of the exchange item (the "Price Difference")

$20.00

$3.00

$0.00

-$10.00

Value of Points applied

$10.00

$10.00

$10.00

$10.00

Amount by which the Price Difference exceeds (+) or
is less than (-) the value of the Points

$10.00

-$7.00

-$10.00

-$20.00

Refund (+) or Additional Amount to be Paid (-) By Member

$10.00

0**

0***

-$10.00****

* The price of the original item is $10 less than the price of the exchange item.

**(Example 2) The Member does not have to pay any money (in addition to returning the originally purchased item) in exchange for the item with the purchase price of $47, even though the value of the Points ($10) exceeds the Price Difference ($3) by $7.

***(Example 3) The Member not have to pay any money (in addition to returning the originally purchased item) in exchange for the item with the purchase price of $50, even though the value of the Points ($10) exceeds the Price Difference ($0) by $10.

****(Example 4) Because the price of the exchange item exceeds the price of the original item by $10, the Member will have to pay an additional amount of $10 in addition to returning the originally purchased item. However, the Member still receives the value of the Points.

8. Points Accounts

a. Upon signing up for the Perks Program, a Perks Program Points Account (an "Account") will be established for the Member, and this Account will be credited with Points each time an eligible purchase is made, subject to these Terms and Conditions.

b. Members are able to access their Accounts and review the balance of accrued Points by accessing the Perfumania Website. A link to sign in to Member Accounts will appear on the Website. Perfumania Member Account numbers and passwords will control access to and use of the Accounts.

c. Member Accounts can be accessed 24 hours a day, 7 days a week on the Website. Members are responsible for the selection and use of an Account password and for maintaining the confidentiality of that password. Perfumania recommends that Members not divulge Account numbers and/or passwords to anyone. Each Member is solely responsible for any actions taken by any person or entity who obtains the Member's Account number and/or password, including, without limitation, any redemption of earned Points, any violation(s) of these Terms and Conditions and/or all other applicable Perfumania rules and regulations, and any disclosure or details of the Member's Account or further disclosure of the Member's Account number and/or password. Perfumania is not and shall have no liability for any losses or damages of any kind or nature, resulting from unauthorized access to, or use of, a Member's Account or password.

9. Program Changes; Program Termination

a. Perfumania reserves the right to change these Terms and Conditions and the Perks Program rules, benefits or regulations at any time and without notice. This means, by way of example only, that Perfumania can change the manner in which Points are accumulated and/or converted, and/or the manner in which Points are redeemed. Such changes may include modifications that, among other things, (1) alter the Points earned per dollar spent, (2) alter the Points required to reach a Membership Tier, (3) alter the percentage discount for a Membership Tier, (4) alter what activities, other than purchases, qualify for Points, (5) alter any other benefit of the Perks Program, and/or (6) limit the eligible transactions, activities and/or merchandise to which Points can be applied. Unless otherwise stated, the Terms and Conditions of the Perks Program in effect at the time a Member redeems Points will govern that transaction.

b. Changes to these Terms and Conditions will be posted on the Website. It is each Member's responsibility and Members are encouraged to check in regularly to see if there have been any updates to these Terms and Conditions. Perfumania assumes no responsibility or obligation to provide prior, contemporaneous or subsequent notice of changes to the Perks Program or these Terms and Conditions. In the event Perfumania does elect to provide notice of any particular change to the Perks Program or these Terms and Conditions, it does not assume any responsibility or obligation to provide notice of any other or further changes to the Perks Program or these Terms and Conditions, of any kind or nature, and/or or at any time.

c. Perfumania reserves the right to terminate the Perks Program in its entirety on three (3) months' notice. Perfumania also reserves the right to terminate the Perks Program in its entirety without notice if, in Perfumania's sole discretion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any aspect of the Perks Program, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Perks Program. In the event the Perks Program is terminated, notice will be posted on the Perfumania Website. Upon termination of the Perks Program, Points will no longer be usable toward purchases of Perfumania merchandise or have any other use or value.

10. Audit

a. Perfumania reserves the right to audit Members' Accounts at any time and without notice to ensure compliance with these Terms and Conditions and all other applicable Perfumania rules and regulations.

b. Should an audit reveal any discrepancy or violation of these Terms and Conditions or other applicable Perfumania rules and regulations, Perfumania may delay or cancel the accrual of Points to that Member's Account, suspend the application of Points to a purchase, and/or cancel any outstanding Points already awarded. During any audit or investigation Perfumania may suspend the Perks Program membership of a Member. While a Member's Account is suspended, that Member may continue to accrue Points, but Perfumania may prohibit application of Points towards purchases (pending or future).

11. Name and Address Changes

a. Members are responsible for updating and advising Perfumania of any change of name, e-mail, phone number and/or postal address on their applicable Accounts.

b. Members may update their Account contact information by logging on to their Accounts via Perfumania.com.

12. Points Statements

Members will receive a quarterly Loyalty Statement showing all transactions made within the previous three (3) months. Members can also view their activity online by clicking on the appropriate link, or can go into a Perfumania store and ask a sales associate for their Points balance.

13. Account Discrepancies

Members are responsible for verifying that Points for qualifying purchases and activities are credited to their Accounts. All Account discrepancies must be reported in writing within two (2) months of the date of activity. Members are responsible for maintaining copies of qualifying transactions for their records until the appropriate Points credit appears in their Accounts. To report an Account discrepancy, Members are directed to contact Customer Service in writing at customerservice@perfumania.com.

14. Waivers of Liability

a. Neither Perfumania, nor any of its affiliated companies, nor any of their respective officers or directors (collectively, " Covered Entities") shall have any obligation, responsibility or liability with respect to: (1) notifications, communications or materials sent from any Member or prospective Member to Perfumania or from Perfumania to a Member or prospective Member, that are lost, late, misdirected, garbled, inaccurate, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, post office or technical error of any kind, (2) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties, (3) power-related or weather-related events of any kind, and/or to any events not under Perfumania's direct control, (4) communications from Members or prospective Members that contain inaccurate information or do not comply with these Terms and Conditions, (5) errors, omissions, interruptions, deletions, defects, delays in operation or transmissions, theft, destruction, unauthorized access or alterations by Members or third parties, and/or (6) any damage to a Member's or prospective Member's computer system that occurs in connection with accessing Perfumania's Website and/or submitting an application for Perks Program membership.

b. BY BECOMING A MEMBER, THAT PERSON, ON BEHALF OF HIMSELF/HERSELF AND HIS/HER HEIRS, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES, RELEASES EACH OF THE COVERED ENTITIES AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM AND OF ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF THEIR PARTICIPATION AND/OR ENTRY IN THE PERKS PROGRAM.

c. Waiver of California Civil Code Section 1542. Further, Members and prospective Members are advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By becoming a Member, that person, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, elects to waive the benefits of its provisions, with the intent that the releases and waivers of liability in this Section shall include claims known or unknown.

15. Tampering

a. Perfumania, in its sole discretion, reserves the right to disqualify and prohibit from participating in the Perks Program any person who Perfumania determines in its sole discretion is or is attempting to: (1) tamper with Perfumania's Website, Perfumania's Facebook page and/or any part of the Perks Program, (2) attempting to undermine the legitimate operation of the Perks Program by deception or other unfair acts, (3) intending to annoy, abuse, threaten or harass any other Members, any Perfumania employees or agents, and/or (4) otherwise violating these Terms and Conditions, or Perfumania's Privacy Policy at http://www.perfumania.com/content/footerlinks3/privacy-policy/content.html.

b. ANY ATTEMPT TO DELIBERATELY DAMAGE PERFUMANIA'S WEBSITE OR PERFUMANIA'S FACEBOOK PAGE (OR ANY PART OF EITHER) OR UNDERMINE THE OPERATION OF THE PERKS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, PERFUMANIA AND ITS LICENSEES (IF ANY) RESERVES THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH MEMBER AGREES TO INDEMNIFY AND HOLD HARMLESS PERFUMANIA AND ITS EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE MEMBER'S USE OF THE PERFUMANIA WEBSITE, AND/OR THE MEMBER'S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THE PERKS PROGRAM.

16. Governing Law; Privacy; Opt Out

a. The Perks Program is subject to these Terms and Conditions and is governed by the laws of the State of New York without reference to it rules concerning conflicts of law. By applying for membership in the Perks Program and/or becoming a Member, each person agrees to comply with these Terms and Conditions. Any claims relating to this Perks Program must be resolved in the state or federal courts of New York.

b. In order to validly apply for membership in the Perks Program and in order to enjoy the benefits of membership, individuals are required to provide Perfumania with certain personally identifiable information ("PII") such as name, residential address, telephone number, email address and/or other contact information. Such information may be used for the purposes set forth in the Perfumania's Privacy Policy, located at http://www.perfumania.com/content/footerlinks3/privacy-policy/content.html, in accordance with the terms set forth in that Privacy Policy.

c. Persons wishing that Perfumania not contact them (except in connection with the Perks Program and/or as otherwise set forth in the Privacy Policy) may elect to opt-out of such disclosures (i.e., they may direct Perfumania not to make those disclosures other than those as to which "opting out" is not permitted) by following the procedure set forth in Perfumania's Privacy Policy (except that Perfumania shall be permitted to contact persons in connection with this Perks Program and as permitted or required by law).

d. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.