HOLLISTER CO. US
Club Cali Terms and Conditions
Updated: July 2017
Welcome to Hollister Club Cali (“Club Cali”). This is intended to describe Club Cali and the terms for participation in Club Cali, which includes the Site Use and Sale Terms (these Club Cali Terms and Conditions referred to as “Terms” below).
Who Can Join?
Club Cali is currently only available to residents of the United States age thirteen (13) and older. Employees, officers, directors, agents and representatives of Hollister Co. ("HCo") are eligible to join but may be excluded from certain promotions.
How Does It Work?
- Becoming a Member. Become a Member by signing up at a participating U.S. HCo store, (excluding San Francisco Premium Outlet, Katy Mills Mega Outlet, Gurnee Mills Mega Outlet, and Mall of San Juan locations) or through the HCo website or Mobile Application (“App”). Note, individuals who have an active online account with HCo are already Members in Club Cali. Upon signing up for a Membership, individuals will receive an email confirming their Membership in Club Cali within three (3) days of signing up. Only one (1) Club Cali Membership is permitted per person, per email address.
- Registering Purchases. When making a purchase in a store, Members may register purchases with their Club Cali ID at checkout by having the associate scan the Club Cali ID found inside the Member’s Club Cali account. Associates can also look up a Member’s Club Cali ID using the email address or the ten digit telephone number provided upon registration to be a Member of Club Cali. When making purchases online, Members must sign into their Membership prior to making the purchase. Note, all purchases made when using the Club Cali ID (both in store and online) are available to be viewed on the “My Orders” and “History” sections in the Club Cali Membership.
- What are the Perks of Club Cali?
- Points can be earned towards a Cali Cash Reward Certificate (“Certificate”) redeemable for savings on purchases (details explained below under “Base Rewards” section).
- Special Birthday Surprise.
- Special Member only discounts and rewards.
- Possible store contests and potential special Members only events.
In April 2016, Club Cali added new benefits, including allowing Members to earn points on purchases made after the effective date of the change. Points are earned at the time of purchase when a Member provides or scans their Club Cali ID at stores. If a Member is signed into their Membership when ordering online or provides their Club Cali ID when placing an order at an HCo store, points will be earned at the time of shipment. Only one (1) Club Cali ID can be used per transaction.
Members earn points for every net dollar spent (including using gift cards as tender on purchases) on any Eligible Product Purchases (as defined below). Net dollars spent is the amount spent on an Eligible Product Purchase, excluding the use of merchandise credit as tender and minus the costs specified below on point calculations.
All product purchases (excluding purchases of gift cards and e-gift cards) earn one hundred (100) points for every net dollar spent in store or online. Points earned will be rounded to the nearest whole cent.
Club Cali may identify additional opportunities for Members to earn points from time to time. For example, those tasks may include the following:
- Share details on Member profile. Points may be awarded for each additional detail provided with a Membership profile (details which qualify to earn points will be indicated within Club Cali, but will not include name, phone, or email address as those were required fields for Membership creation). However, points will only be awarded once per lifetime of each Membership.
- Signing up for text message marketing. Points may be awarded for new user sign-up to the mobile HCo text message marketing program. Points will only be awarded for sign-up of a mobile cellular phone number which is already associated with an existing Club Cali Membership. Also, points will only be awarded once per lifetime of each Membership.
- Initial Membership sign-in on App. Points may be awarded for the initial sign-in to a Club Cali Membership on the App after the first App download. However, points will only be awarded once per lifetime of each Membership.
Points will post to the corresponding Club Cali Membership within approximately forty eight hours (48) hours from in-store purchase or date of online or store order shipment. If Members do not identify themselves at time of purchase, a manual adjustment can be made to add the points to the Club Cali Membership for up to thirty (30) days from the actual purchase date, but no purchases prior to the launch of this new benefit can be added. Please see the “History” section of Membership for instructions on how to do this.
Point calculations are based upon dollars spent at checkout on Eligible Product Purchases. "Eligible Product Purchases" means purchases of products such as clothing, accessories, and personal care items such as fragrance. The following costs are excluded from point calculation of Eligible Product Purchases: sales tax, state fees, shipping & handling or delivery charges, gift wrap fees, and purchase of gift cards or e-gift cards. Also, Members do not earn points for the amount of any coupon, discounts, or merchandise credit applied to purchases, as well as the value of any Certificate being redeemed. HCo has the right to make the final decision on whether any product purchase qualifies for points.
When Members return products to the store or return online purchases by mail, points previously posted for that purchase will be deducted from the point balance of the Club Cali Membership provided at the time of purchase. If a Member’s point balance is insufficient to cover a deduction related to a return, the Members’ point balance may go into the negative, and any Membership reaching into a negative balance is subject to be suspended from all further activity at the discretion of HCo. Members with a suspended account will need to reach HCo’s Customer Service Department to seek reinstatement.
Points are property of HCo, have no cash value, and are not transferable to anyone else or any other Membership in any capacity for any reason. Member must make at least one (1) Eligible Product Purchase every twelve (12) calendar months to prevent points from expiring. Points that remain on a Club Cali Membership expire as indicated and are forfeited if Club Cali is terminated or the Club Cali Membership is closed. Points may not be combined among Members.
In the event a Member returns merchandise that was partially or wholly paid for with a Certificate(s), the Certificate(s) used in connection with that initial purchase shall not be reissued to Member, and no points representing the Certificate(s) shall be reissued to such Club Cali Membership as the Certificate is considered to have been redeemed. In a return transaction where a Certificate was used to reduce the total amount paid, the customer is only entitled to a refund for any amount actually paid.
When Members reach various point thresholds as outlined below, they will automatically have those points converted into a Certificate redeemable for money off their purchase at an HCo store or HollisterCo.com.
|POINT LEVELS:||CERTIFICATE VALUE:|
Certificates are valid only in the U.S. in stores and online. Not valid outside the U.S. or at San Francisco Premium Outlet, Katy Mills Mega Outlet, Gurnee Mills Mega Outlet, and Mall of San Juan stores. Certificates are valid for ninety (90) days from date of issue. Certificate applies pre-tax or state fee and cannot be used for purchases of gift cards, e-gift cards, shipping & handling or delivery charges, and gift wrap. Certificate cannot be applied to previous purchases. Certificate must be presented/entered at time of purchase in stores or online. Discount will be applied at checkout to all eligible items and will be deducted upon return of any item to which the discount was applied. Certificates may be used in conjunction with other Certificates (as limited below) and most other discounts or offers toward the purchase of products, for a discount up to the total purchase amount. If the purchase total is less than the value of the Certificate(s) being used, any unused portion of any given Certificate’s value is forfeited. There is a limit of three (3) Certificates per transaction. Certificates are not redeemable for cash or store credit. Certificates are non-transferable and not for resale. Certificates are valid for one (1) time use only. Lost, stolen, or expired Certificates will not be replaced.
Certificates will be posted to Club Cali Memberships within approximately twenty four (24) hours after points are converted into a Certificate. Based on the Certificate value reached, the corresponding amount of points will be deducted from the Club Cali Membership balance for every Certificate issued. Certificates should be available for use soon after Member has received Certificates. Once points have been converted into a Certificate, they cannot be converted back into points even if the Certificate is never redeemed and expired.
Members may earn up to a maximum of six hundred twenty five thousand (625,000) points per twelve month period. Therefore as an example, Members in good standing may earn up to a maximum of fifty (50) $5 Certificates per calendar year, twenty five (25) $10 Certificates per calendar year, roughly sixteen (16) $15 Certificates per calendar year, twelve (12) $20 Certificates per calendar year, or other various combinations of different Certificates values.
Certificates are property of HCo, have no cash value, and are not transferable to anyone else or any other Membership in any capacity for any reason. Unused Certificates that remain on Club Cali Memberships expire as indicated and are forfeited if Club Cali is terminated or the Club Cali Membership is closed. HCo is not responsible for lost Certificates, including due to change of email address, or other contact information.
Upon signing up for Membership in Club Cali, individuals will sign up to receive emails regarding special Members only offers and events, as well as new features of Club Cali. Club Cali emails would be in addition to general marketing emails from HCo about HCo products (should Member be otherwise signed up to receive these general emails). Furthermore, Members who scan or provide their Club Cali ID at the store with a purchase will automatically receive an e-receipt confirmation at the email address listed in the Club Cali Membership. E-receipts are neither HCo marketing nor Club Cali Membership emails, but merely confirmations of store purchases.
HCo brand marketing and Club Cali marketing emails will include an opt-out link should individuals no longer want to receive any of these types of HCo emails. Even if a Member opts-out of marketing materials, if the Club Cali Membership is still active, Members will continue to receive relationship/operational emails related to Club Cali unless the Club Cali Membership is cancelled. Individuals do not need to cancel their Club Cali Membership to opt-out from receiving HCo brand marketing, Club Cali marketing, or e-receipt emails.
Members can opt-out of receiving e-receipts from a store purchase by emailing the request to Privacy_Policy@HollisterCo.com from the email address associated with the Club Cali Membership. Members can opt-out of receiving Club Cali marketing and/or HCo brand marketing emails by clicking here and entering the email address associated with the Club Cali Membership and/or HCo brand marketing email subscription, or by clicking the unsubscribe link contained in the footer of any of these emails.
Cancellation of Club Cali Membership
We don’t think anyone will want to stop getting the great benefits of Club Cali, but Members who decide they want to cancel their Club Cali Membership can email us at Privacy_Policy@HollisterCo.com .
Cancellation of a Club Cali Membership cancels the Member’s entire account on HollisterCo.com. If a Member decides to cancel their Club Cali Membership, all unused Club Cali points and Certificates will be cancelled. If the Member subsequently signs up to become a Member again we will not reinstate the previously cancelled, unused Club Cali points or Certificates.
If a Member chooses to cancel their Club Cali Membership but has separately signed up for HCo brand marketing emails, the Member will be opting out of both Club Cali marketing and HCo brand marketing emails. Cancelling the Club Cali Membership will also cancel e-receipts, unless the Member independently opts to receive e-receipts.
General Terms of Club Cali
- All questions regarding Club Cali in general or these Terms in specific should be directed to either HollisterCo@HollisterCo.com or 866.426.1285.
- HCo reserves the right to suspend or cancel any Club Cali Membership and participation in Club Cali at any time for any reason, including for any suspected fraudulent use of Club Cali.
- HCo is a private label brand. To protect its intellectual property rights, any suspected resale of our merchandise for personal or business profit is strictly prohibited. Those suspected of reselling are prohibited from becoming a Member in Club Cali. HCo will not accept any order found to have characteristics of reselling. HCo reserves the right to cancel all subsequent orders from such customers.
- As to the requirement of only one (1) Club Cali Membership per person per email account, if there is a dispute regarding the email account, it will be deemed to be the natural person who is assigned to the submitted email address by an internet provider, or online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- These Terms supersede all previously published Terms in their entirety.
- HCo reserves the right to make bonus points and other promotional offers available to select Members based on purchase activity, geographic location, Club Cali participation, and/or information supplied by the Member, or other factors. HCo reserves the right to add, withdraw, amend, or otherwise change bonus opportunities at any time at its sole discretion, with or without notice to Members.
- HCo reserves the right to cancel Club Cali and/or its benefits at any time with or without notice to Members. Unused Certificates that remain on Club Cali Memberships are forfeited if Club Cali is terminated or the Club Cali Membership is closed.
- HCo reserves the right to change these Terms with or without notice, including the terms related to earning points and Certificates.
- All title and intellectual property rights in and to any content that is accessed, viewed, streamed, or downloaded from Club Cali site (including music, photos and videos) remains the sole and exclusive property of HCo or its licensor and use of such content is subject to the restrictions imposed by these Terms as well as applicable copyright and other intellectual property laws and treaties. Content may not be used in a manner that exceeds the specific rights granted and individuals are strictly prohibited from copying, modifying, selling, re-licensing or distributing content. Members agree that they will not interfere with HCo’s or its licensors’ rights to their content and will not circumvent, or attempt to circumvent, any technology or methods used by HCo or its licensors to prevent the unauthorized reproduction or distribution of content accessible via Club Cali.
- By agreeing to participate in Club Cali, Members release HCo, its parent and subsidiaries and affiliate entities, and their respective, directors, officers, employees and agents (the “Released Parties”) from all liability with respect to Club Cali (including all Club Cali Certificates), the misdirection or misuse of points or any Certificate, or the use of any Certificate by an individual other than Club Cali Member to whom the Certificate was sent. By participating in Club Cali, Members hereby release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to participation in Club Cali, use of Club Cali, or agreement to these Terms.
- The Released Parties make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to Club Cali, Membership in Club Cali, or any products or services related to Club Cali.
- Members are responsible for providing the correct email address to receive Club Cali points and Certificates and to update their Club Cali Membership should their e-mail address change.
- Club Cali is void where prohibited by law. These Terms will be governed by and construed under the substantive laws of the State of Ohio, without reference to conflict-of-laws considerations.
- Becoming a Member of Club Cali means Member is bound by these Terms.
- ANY DISPUTE THAT CANNOT FIRST BE RESOLVED THROUGH INFORMAL METHODS WILL BE SUBMITTED TO BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) then in effect (the “Rules”), except as modified herein. The arbitration will be administered by the AAA. Claims or disputes that fall within the scope of the small claims court’s limited jurisdiction may, however, be submitted to such court. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. If an in-person arbitration hearing is required, then it will be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by an independent arbitrator. The Member and HCo will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if the applicable arbitration rules or laws require HCo to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable, then HCo will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms, and will determine any dispute according to applicable law and facts based upon the record and no other basis. After the hearing, the arbitrator(s) will decide the dispute and render a written decision setting forth the issues adjudicated, the resolution thereof and the reasons for the award. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. The Federal Arbitration Act (“FAA”), will apply to the dispute and will govern whether the dispute is subject to arbitration, including the No Class Action Matters section below. A Member can obtain AAA procedures, rules and fee information as follows: AAA: 800.778.7879, http://www.ADR.org. This section survives the termination of the Membership and/or Club Cali.
- No Class Action Matters: Disputes hereunder will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. THIS MEANS MEMBER AND HCo AGREE THAT EACH MAY BRING CLAIMS REGARDING SUCH DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. There will be no right or authority for any dispute to be arbitrated on a class-action basis or on any basis involving disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction regarding arbitration on a class-action basis is unconscionable or unenforceable, then the dispute must be brought exclusively in a State or Federal court located in Columbus, Ohio as set forth above. Notwithstanding any other provision of these Terms, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a Federal or state court located in Columbus, Ohio, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions. This section survives the termination of the Membership and/or Club Cali.
- Limited Time to File Claims: To the fullest extent permitted by applicable law, if Member or HCo want to assert a dispute against the other, then Member or HCo must commence it within one (1) year after the dispute arises, or it will be forever barred. Commencing means filing for arbitration with the AAA as set forth in Binding Arbitration of this Dispute Resolution section, or filing an action in State or Federal court as specified above.