Perfumania Rewards Terms and Conditions

PERFUMANIA CUSTOMER REWARDS PROGRAM TERMS AND CONDITIONS

 

1.         Consumer Disclosures Regarding Points and Reward Certificates

 

a.         The Perfumania Customer Rewards Program described herein (the “Rewards Program”) is conducted by and for Perfumania.com, Inc. (“Perfumania”), a subsidiary company of Perfumania Holdings, Inc.  Perfumania’s principal offices are at 35 Sawgrass Drive, Suite 2, Bellport, New York  11713.

 

b.         Membership and participation in the Rewards Program is free to eligible persons.  See paragraph 2 of these Perfumania Customer Rewards Program terms and conditions (the “Terms and Conditions”) for eligibility requirements.

 

c.         Subject to these Terms and Conditions, Members of the Rewards Program (“Members”) accrue points (“Points”) with every completed and final purchase made directly from Perfumania, whether from a Perfumania store or on the Perfumania website – Perfumania.com (the “Website”).  The number of Points awarded per online purchase will be disclosed and available on the Website.  Current Points balances will be available via the Website and, upon request, at Perfumania “bricks and mortar” stores.  Note however, that Points awarded for purchases at Perfumania “bricks and mortar” stores will not be reflected online for 72 hours.  Points are awarded only for whole dollars spent.  However, 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 awarded 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 awarded with respect to the sales price or discounted price, not the original price.

 

d.         Points themselves are not redeemable towards future purchases.  Only “Reward Certificates” (as hereinafter described) can be so used.  Points will be AUTOMATICALLY converted into Reward Certificates once a member has accumulated at least two hundred (200) Points.  Reward Certificates will be issued – and available for downloading and printing – in U.S. Dollar denominations.  Subject to change by Perfumania, Reward Certificates will reflect one dollar ($1.00) of Reward Certificate credit for every twenty (20) Points accumulated.  Thus, if a member accumulates 200 Points as a result of one transaction, a Reward Certificate will be issued reflecting credit in the amount of ten dollars ($10.00). 

 

e.         Reward Certificates are issued only in denominations of ten dollars ($10) and twenty dollars ($20.00).  Thus, for example, if a member has accumulated 250 Points, 200 of those would be converted to a $10 Reward Certificate leaving the remaining 50 Points. 

 

f.          No more than one Reward Certificate per day per customer will be generated.  For example, if a member purchases $600 in merchandise and accumulates 600 Points, a Reward Certificate will be generated reflecting $20.00 in Reward Certificate credit (based on 400 of the 600 Points accumulated).  The following day a second Reward Certificate will be generated reflecting $10.00 in Reward Certificate credit (based on 200 of the 600 Points accumulated).

 

g.         Members will be notified by email that they have been issued a Reward Certificate.  Only one such notice will be issued, and it will be the Member’s responsibility to check his or her email on a timely basis to learn of the issuance of a Reward Certificate.

 

h.         Reward Certificates can either be used online or printed out and used at a physical Perfumania retail store.  Member’s residing in Puerto Rico can redeem their Reward Certificates IN-STORE ONLY.  Reward Certificates can only be redeemed for the exact amount shown on the front of each Reward Certificate.  No change will be given to the extent the price of an item (excluding any tax, shipping and/or handling charges) purchased is less than the denomination of the Reward Certificate.

 

i.          Reward Certificates 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.  Reward Certificates can be used only once and only (1) by the Member to whom they were issued and (2) in connection with the purchase of Perfumania merchandise.  Used Reward Certificates, and copies or reproductions thereof, are not valid and will not be honored.

 

j.          Reward Certificates expire 60 days after their date of issue.  Expired Reward Certificates are invalid, and no new Reward Certificates will be issued with respect to expired Reward Certificates.

 

k.         Reward Certificates 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 Rewards Program is available at no cost to all persons who (i) are legal residents of one of the 50 United States, Puerto Rico or the District of Columbia, (ii) are at least 18 years of age or the age of majority in his/her state of residence, if greater than 18.  A purchase is not necessary to become a Member of the Rewards Program. 

 

b.         To sign up for the Rewards Program, log on to the Perfumania Website at Perfumania.com.

 

c.         Each Member’s right to accumulate Program Points, have them converted into Reward Certificates and right to use the Reward Certificates, 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), as such are in effect at that time.  By joining the Rewards Program, each person agrees to these Rewards Program Term and Conditions and the terms and conditions of the Website (including the Perfumania 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 terms and conditions set forth in the Perfumania Privacy Policy then in effect (the “Privacy Policy”).  In addition, a Member’s use of a Reward Certificate constitutes that Member’s further confirmation of his/her agreement to these Terms and Conditions and the terms and conditions of the Website (including the Perfumania Privacy Policy) then in effect.

 

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

 

3.         Eligible Transactions

 

a.         Subject to the exceptions listed in these Terms and Conditions (e.g., paragraphs 1.c above and 3.d below), all Member purchases directly from Perfumania, whether online or at physical Perfumania stores, are eligible for an award of Points.  Perfumania is the final authority on whether a transaction qualifies for an award of Points, and Perfumania reserves the right to deduct Points from a Member’s “Account” (as defined in paragraph 5.a.) at any time if Points are credited in error.

 

b.         As stated, Points may only be used to convert into Reward Certificates, and Reward Certificates may only be used by the Member to whom they were issued and then only as a credit against that Member’s purchase of eligible Perfumania merchandise.

 

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

 

d.         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;
  • That portion of a purchase that is paid for with Reward Certificates; and
  • Purchases that take advantage of another special offer or discount offered by Perfumania.

 

4.         Redemption of Reward Certificates

 

a.         Reward Certificates may be applied to a purchase during the checkout process.  When purchasing online, before you come to the payment page you will be provided an option to use Reward Certificates towards the purchase.

 

b.         Reward Certificates may be used in connection with in-store or online promotions.  However, unless otherwise stated, Reward Certificates may not be combined with any other discounts (i.e., not in-store or online) or other coupons offered by Perfumania, such as “Friends and Family,” “10% off Military,” etc.  If you take advantage of another discount (i.e., a discount other than an in-store or online promotion) or another coupon, you will not be able to apply Reward Certificates to the transaction.

 

c.         As stated, Reward Certificates cannot be used to pay for the cost of shipping and handling charges and/or any applicable taxes.  

 

d.         Redemption of Reward Certificates is not reversible. Once a Member has elected to apply Reward Certificates to a purchase, that decision is final.  Reward Certificates, once used, will not be replaced.  In the case of returns, to the extent Reward Certificates were applied toward the original purchase, the Reward Certificates are forfeited and no replacement Reward Certificates will be issued.  The purchaser will be refunded only the amount of actual money paid toward the purchase.

 

5.         Returns/Exchanges


a.         Return (no exchange) with a receipt – If a customer is returning an item or items that were included in a transaction in which a Reward Certificate was used, the customer will receive back in cash or credit (depending on how the original purchase was transacted) the price of the item(s) minus the Reward Certificate value.  The customer will NOT receive back the Reward Certificate, or cash or credit in the amount of the Reward Certificate.  (Example – A customer originally purchased an item priced at $50, and of this $50, the customer applied a $10 Reward Certificate towards the purchase price.  If the customer later returns the item with a receipt, the customer will receive $40 – the price of the original item minus the value of the Reward Certificate used.)  Reward Certificates have no cash value and are valid only for a one-time use; they will not be given back to the customer in the event of a return. 

 

b.         Return (no exchange) without a receipt – If a customer does not have their receipt, the return will be processed in the same manner as any other return without a receipt present.  The customer will NOT receive back the Reward Certificate or credit in the amount of the Reward Certificate.


c.         Processing an Exchange with a receipt – If a customer (with a receipt) does an exchange for a higher priced item, the customer will need to pay the remaining balance due for the higher priced item.  The value of the Reward Certificate originally used will still be applied to the exchange.  However, if a customer wishes to do an exchange for a lesser priced item, then 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 Reward Certificate used, then the customer will be refunded (in cash or credit) only the amount by which such difference exceeds the value of the Reward Certificate used.  The customer will NOT receive back the Reward Certificate or credit in the amount of the Reward Certificate.  (Example – A customer originally purchased an item priced at $50, and of this $50, the customer applied a $10 Reward Certificate towards the purchase price.  If the customer later wishes to exchange the original item for an item with a price of $30, in the exchange the customer will receive $10 in cash or credit – the amount by which the difference between price of the original item and the price of the exchange items exceeds the value of the Reward Certificate used.)

 

(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 Reward Certificate used, then the customer will NOT receive a refund in any form, nor will the customer receive back the Reward Certificate or credit in the amount of the Reward Certificate.  However, the customer will not be required to pay any amount by which the value of the Reward Certificate used exceeds the difference between the price of the original item and the price of the exchange item.  (Example – A customer originally purchased an item priced at $50, and of this $50, the customer applied a $10 Reward Certificate towards the purchase price.  Later, the customer would like to exchange that item for a different item priced at $47.  In the exchange, the customer will not receive a refund in any form, because the difference between the price of the original item and the price of the exchange item is less than the value of the Reward Certificate used.  However, the customer will not be required to pay the $7 by which the value of the Reward Certificate used exceeds the difference between the price of the original item and the price of the exchange item.)


Examples:                                                                  

                                                                                                           1          2          3           4

Initial Item Purchase Price                                                                   $50      $50      $50       $50

Value of Reward Certificate applied                                                  -$10    -$10     -$10     -$10

Total Amount of Actual Money Spent By Customer                   $40       $40      $40      $40


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


Examples:                                                                                          1         2          3           4

Purchase Price of Customer’s Exchange Item                                  $30     $47      $50       $60

 

Amount by which price of original item exceeds the

price of the exchange item (the “Price Difference”)                        $20       $3       $0       -$10*

 

Value of Reward Certificate applied                                                    $10      $10      $10       $10

 

Amount by which the Price Difference exceeds (+) or

is less than (-) the value of the Reward Certificate                            +$10      -$7    -$10      -$20

 

Refund (+) or Additional Amount to be Paid (-) By Customer               +$10       $0**    $0*** -$10****

 

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

 

**(Example 2)  The Customer 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 Reward Certificate ($10) exceeds the Price Difference ($3) by $7.

 

***(Example 3)  The Customer 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 Reward Certificate ($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 Customer will have to pay an additional amount of $10 in addition to returning the originally purchased item.  However, the customer still receives the value of the Reward Certificate.

 

d.         Processing an Exchange without a receipt - If a customer does not have the receipt, the return will be processed in the same manner as any other return without a receipt present.    The customer will NOT receive back the Reward Certificate or credit in the amount of the Reward Certificate.

 

6.         Points Accounts 


a.         Upon joining the Rewards Program, a Rewards 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 paragraph 1 above and these Terms and Conditions generally.


b.         Members are able to access their Accounts and review the balance of accrued Points by accessing their 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 and all transactions available within the Accounts.


c.         Member Accounts can be accessed 24 hours a day, 7 days a week on Perfumania.com 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 issued Reward Certificates, 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.

 

7.         Program Changes; Program Termination

 

a.         Perfumania reserves the right to change these Terms and Conditions and the Rewards Program rules, benefits, regulations, Points award levels, Points conversion ratios and any special offers related to the Rewards Program, 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 Reward Certificates are redeemed.  Such changes may include modifications that, among other things, (1) alter the number of Points awarded or other benefits that can be accumulated on any given transaction on or after the date of change, (2) alter the conversion value (i.e., the Reward Certificate value per Point accumulated) of already accumulated and future accumulated Points, (3) alter the value of Reward Certificates when applied to a purchase, (4) alter the time at which Points and/or Reward Certificates expire; (5) alter other benefits that can be accumulated on any given transaction on or after the date of change, (6) alter other benefits of the Rewards Program and/or (7) alter or eliminate the eligible transactions and/or merchandise to which Reward Certificates can be applied.  Unless otherwise stated, the Terms and Conditions of the Rewards Program in effect at the time a Member redeems Reward Certificates or otherwise requests an available benefit or other transaction, will govern that transaction.

 

b.         Changes to these Terms and Conditions will be posted on the Perfumania Website, Perfumania.com.  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 Rewards Program or these Terms and Conditions.  In the event Perfumania does elect to provide notice of any particular change to the Rewards 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 Rewards 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 Rewards Program in its entirety on three (3) months’ notice.  Perfumania also reserves the right to terminate the Rewards Program in its entirety without notice if, in Perfumania’s opinion (exercised in its sole discretion), there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any aspect of the Rewards Program, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Rewards Program.  In the event the Rewards Program is terminated, notice will be posted on Perfumania Website.  Upon termination of the Rewards Program, (1) Rewards Certificates will no longer be usable toward purchases of Perfumania merchandise or have any other use or value; and (2) Rewards Points will be of no further purpose.

 

8.         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, delay or cancel the issuance of any Reward Certificates, delay or cancel the application of Reward Certificates to a purchase, and/or cancel any outstanding Points already awarded and/or Reward Certificates already issued.  During any audit or investigation Perfumania may suspend the Rewards Program membership of a Member.  While a Member’s Account is suspended, that Member may continue to accrue Points, but Perfumania may prohibit conversion of such Points into Reward Certificates and/or prohibit application of Reward Certificates towards purchases (pending or future).

 

9.         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. 


10.       Rewards Points Statements


No paper or online Account statements will be sent out, by email or regular mail.  Members may check on the Points accruing in their Accounts by logging in to their Accounts and clicking on the appropriate link.

 

11.       Account Discrepancies


Members are responsible for verifying that Points for qualifying activity is 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 Rewards@Perfumania.com.

 

12.       Waivers of Liability

 

a.         Neither Perfumania, nor any of its affiliated companies, nor any of their respective officers and directors (collectively, “Covered Entities”) shall have any obligation, responsibility or liability with respect to:  (1) notifications, communications or materials (including Reward Certificates) 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 Rewards 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 REWARDS 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 Sections 12.a. and b. shall include claims known or unknown, and unknown and unsuspected.

 

13.       Tampering

 

a.         Perfumania, in its sole discretion, reserves the right to disqualify and prohibit from participating in the Rewards 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 Rewards Program; (2) attempting to undermine the legitimate operation of the Rewards 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 any Facebook employees or agents; and/or (4) otherwise violating these Terms and Conditions, the Facebook Statement of Rights and Responsibilities at http://www.facebook.com/terms.php, the Facebook Privacy Policy at http://www.facebook.com/privacy/explanation.php 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 REWARDS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD ANY SUCH ATTEMPT BE MADE, PERFUMANIA AND ITS LICENSEES (IF ANY) RESERVE 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 REWARDS PROGRAM.

 

14.       Governing Law; Privacy

 

a.         The Rewards 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 or law.  By applying for membership in the Rewards Program and/or becoming a Member, each person agrees to comply with these Terms and Conditions, the Facebook Statement of Rights and Responsibilities and Privacy Policy (to the extent they may be applicable), and Perfumania’s Privacy Policy posted at http://www.perfumania.com/content/footerlinks3/privacy-policy/content.html.  Any claims relating to this Rewards Program must be resolved in the state or federal courts of New York.

 

b.         In order to validly apply for membership in the Rewards 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.  Persons wishing that the Perfumania not contact them (except in connection with the Rewards 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 contact shall be permitted in connection with this Rewards Program and as permitted or required by law).

 

c.         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.