General Information; Definitions;
Fashion Points Rewards Program (the “Program”) allows you to earn points (“Points”)
on the dollars you spend as described in Section 3 below, using your Chadwicks Account
(your “Account”). You can then redeem those Points for Chadwicks certificates valid
at Chadwicks.com, Metrostyle.com, or
by placing an order with Chadwicks or Metrostyle catalogs using the toll-free Telephone
numbers listed on their catalogs the “Rewards Certificates”), as described in Section 4 below.
These Program Terms are separate and
independent from your Chadwicks Credit Card Account Agreement (your
“Agreement”), which governs the use of your Chadwicks Credit Card (your
“Card”). In the event of any conflict between these Program Terms and your
Agreement, these Terms will control in any matter relating to the Program.
In these Program Terms, “you” and “your”
mean the Account holder. “We,” “our,” and “us” mean Chadwicks. “Bank” means Comenity
Bank. Other capitalized words not specifically defined have the same meaning as
in your Agreement. The Program is not available to the extent it is prohibited
by federal, state, or local law. These Program Terms contain the entire
understanding between you and us regarding the Program. FROM TIME TO TIME WE
MAY CHANGE THE PROGRAM AND THESE PROGRAM TERMS IN ACCORDANCE WITH APPLICABLE
LAW, INCLUDING ANY APPLICABLE NOTICE REQUIREMENTS.
Eligibility.You will be automatically enrolled in the
Program when the Bank opens your Account. To remain eligible to accumulate
Points under the Program, your Account must be in Good Standing. “Good
Standing” means your Account is (1) open to new charges, (2) not
more than 60 days past due under the Agreement, and (3) not flagged as lost,
stolen, or fraudulent according to Bank’s written or electronic records. Membership
will be renewed automatically each year as long as your Account is in Good
Standing and we continue to offer the Program, unless you notify us of
cancellation. Notwithstanding anything to the contrary in these Program Terms,
we reserve the right to approve, deny or revoke membership in the Program to
any individual at any time for any reason whatsoever.
Earning Points. You will earn Points for Net New
Purchases on your Account so long as your Account is in Good Standing. You will
Points for each $1.00 of Net New Purchases.
“Net New Purchases” means purchases of goods and/or services
made by you or any Authorized User on your Account minus any returns, refunds
or credit adjustments, rounded to the nearest dollar. Points awarded for
purchases that are returned or refunded or otherwise adjusted will be deducted
from your Point total. Such deductions may result in a negative Points balance,
in which case, any Points you earn will be applied to reduce that balance and
you will not be able to redeem Points until you again have a positive balance.
Points are not earned on: unauthorized or
fraudulent charges, purchases made by or for a business or for a business
purpose, or interest or fees.
We may from time to time make special
offers for you to earn additional Points on specific purchases. The terms and
conditions for such special offers (such as which purchases qualify and the
number of additional Points you may earn) will be disclosed at the time of
offer. Please check those terms and conditions carefully, as there may be
important conditions or limitations (such as blackout periods, point
limitations or exclusions). Availability of any special offer is subject to
change without notice.
Points will be posted to your Points
balance on your Chadwicks Credit Card billing statement on the same day that
the purchase is posted to your Account and will be available when you receive
your Rewards Certificate in your billing statement. We reserve the right to
verify and adjust Points at any time prior to or following posting or
redemption. There is no maximum number of Points that may be earned per billing
cycle or year.
Redeeming Points for Rewards Certificates.Rewards Certificates are
automatically sent to you via your Chadwicks Credit Card billing statement when
they are earned. Rewards Certificates earned at Chadwicks can be redeemed at
either Chadwicks or metrostyle (and vice versa).
5 Points = $1
Chadwicks Fashion Points in Rewards Certificates
Points will be redeemed on a “first in,
first out” basis, such that the first Points earned will be the first Points
redeemed. Once a redemption order is placed, your Points balance will be
reduced by the number of Points used to obtain the Rewards Certificate(s). In
the event a return, refund, or credit adjustment results in insufficient Points
for the Rewards Certificate(s) ordered, the order may not be fulfilled. If the
Rewards Certificate order is fulfilled and we later discover that you did not
have sufficient Points for the Rewards Certificate(s) in your Points balance, in
addition to any other actions we may take, future Points earnings will be
applied to the Rewards Certificate(s) until such time as sufficient Points are
earned to cover the redemption of the Rewards Certificate(s). You will not be
able to redeem Points until you again have a positive balance. Points you earn
may not be combined with Points earned by anyone else for purposes of receiving
Rewards Certificates. Points earned have no cash value, and cannot be purchased,
sold or redeemed for cash. Points may not be used as payment of any outstanding
obligations to the Bank or its affiliates.
You may only redeem Points if your
Account is Current. If your Account is not Current, you will not be eligible to
redeem them until the end of the billing period in which your Account is once
again Current. “Current” means your Account (1) is open to new charges,
(2) is not delinquent or in default under the Agreement, (3) does not have a
balance over the assigned credit limit, and (4) is not flagged as lost, stolen,
or fraudulent according to Bank’s written or electronic records.
Point Expiration and Forfeiture.Points not redeemed will be carried over
to the following statement period. However, Points will
expire 12 months after the date that they are earned. Once Points expire,
they may not be redeemed. You will also forfeit your unused and unexpired
Points if you attempt to violate the prohibitions on the transfer of Points, if
you file for bankruptcy, or if the Bank or you close your Account for any
reason. You will not be entitled to and will not receive any compensation from
us for your Points that expire or are forfeited.
Merchandise Rewards Certificates. Limit one
(1) Rewards Certificate per purchase. A Rewards Certificate is not combinable with any other discount or certificate. Rewards Certificates have no cash value and may not be applied to taxes or shipping charges. Rewards Certificates will not be honored retroactively in connection with any prior purchases. Rewards Certificates
expire 120 days from the date issued.
Communications. We may communicate with you regarding
any matter related to the Program by mail, telephone, or electronic
communication.You may update your contact information at www.chadwicks.com/privacy
or by calling 1-800-395-3780 (TDD/TTY 1-800-695-1788). We
are not responsible for communications, including Rewards Certificates, lost due
to change of address or other contact information.
8. Program Activity and Customer Service.You can view your
Program activity on your billing statement, which will show the number of
unused and unexpired Points in your Points balance and any redemption activity.
You can also call us at 1-800-395-3780 (TDD/TTY 1-800-695-1788) for such
information and to find out whether you earned Points from a particular
If you want to know whether a Rewards Certificate
was properly redeemed, want to know the status of a redemption order, or want
to ask any other question regarding the Program, call us at 1-800-395-3780
Points Disputes. Your billing rights and the special
rights that apply when you are dissatisfied with your credit card purchases,
which rights are set forth in your Agreement, do not apply to the Program. If you believe that a purchase made on
your Account should have resulted in the addition of Points to your accumulated
Points balance, and such Points are not reflected in the accumulated Points
balance within forty-five (45) days of the date on which the purchase posted to
your Account balance (“Points Dispute”), notify us immediately. We will use
reasonable efforts to investigate your Points Dispute so long as you notify us
of such dispute within ninety (90) days of the posting date of such purchase.
If you do not notify us within such ninety (90)-day period, you will have
waived your right to make a Points Dispute with respect to that purchase. In
order for us to undertake an investigation of your Points Dispute, we may
require you to provide written confirmation of the dispute. If we do not
receive the requested written confirmation at the address and within the time
requested by us, we may in our sole discretion determine not to investigate
your Points Dispute. Upon completion of our investigation of your Points
Dispute, we will have no further responsibilities should you later reassert the
same Points Dispute.
Limited Liability.We may waive any obligation you have
under these Program Terms without losing our right at a later time to enforce
that same obligation. We will not lose any of our rights under these Program
Terms if we delay taking action for any reason. If we take any other action, we
will not lose any rights under these Program Terms.
Unless otherwise required by law or our
agreements with you, neither the Bank nor Chadwicks, nor any of our or its
affiliates, officers, directors, employees, or agents will be liable to you, or
anyone making a claim on your behalf, in connection with (a) any termination
of, change in, or temporary suspension of the Program; (b) any claim relating
to any products purchased using any Rewards Certificates obtained through the
Program; (c) any loss, damage, expense or inconvenience caused by any
occurrence outside of our control; or (d) any taxes that you incur as a result
of receiving or redeeming Points. Notwithstanding the foregoing, any
liability that we may have to you in connection with the Program shall be
limited to the amount of any Points you have earned in accordance with these Program
No Warranties. We do not: (a) endorse Rewards Certificates
or products purchased at Chadwicks; (b) make any express or implied warranty
regarding Rewards Certificates or products purchased at Chadwicks; (c) guarantee
the performance of Rewards Certificates or products purchased on Chadwicks; or (d)
operate or control Rewards Certificates offered through this Program.
Changes to the Program.Subject to any notice requirements and
other limitations imposed by applicable law, we may, at any time: (a) change,
limit, or terminate any aspect of the Program or these Program Terms, including
the types of Rewards available and the cost of Rewards; (b) terminate the
Program in its entirety; (c) amend these Program Terms in whole or in part,
including adding provisions covering subjects not previously addressed; (d)
discontinue or replace any Rewards with similar Rewards or Rewards of lesser,
equal or greater value; (e) add or increase fees charged in connection with the
Program; or (f) terminate your participation in the Program for any reason. Changes
may apply retroactively and may affect outstanding transactions and Points, and
may include, without limitation, the earnings rate for Points, the number of
Points required to obtain specified Rewards, the type of transactions
qualifying for Points, the type or value of Rewards, the expiration date of
Points, and the maximum number of Points that may be earned per billing cycle
or year. Any of the foregoing actions may be taken even if such actions affect
the value of Points already earned.
Cancelling Program Participation.You may cancel your participation in the
Program at any time by calling us at 1-800-395-3780 (TDD/TTY 1-800-695-1788). If
you cancel your participation in the Program, you will no longer earn Points
and, as previously noted, you will forfeit your unused and unexpired Points.
Lost, Stolen or Damaged Cards.You will not lose your unused and
unexpired Points if your Card is lost, stolen or damaged and we provide a
replacement Card, even if such replacement Card has a different account number.
However, if your Card is reported as lost, stolen, or damaged you will not earn
Points until we provide a replacement Card.
these Program Terms, the Program Terms will control.
Not Transferable.Points are not your property and are not
transferable to anyone by operation of law or otherwise. Points may not be
transferred between accounts issued by us or the Bank, may not be transferred
upon death or as part of any domestic relations legal proceedings, and may not
be brokered, bartered, sold or transferred in any way. Any attempted
transaction of such sort will automatically be void. Anyone selling,
purchasing, brokering, bartering, transferring, or altering Points, either
wholly or partially, shall be liable for payment of the applicable full retail
price of any Rewards Certificates obtained with them, as well as all damages,
including, but not limited to consequential damages, transaction costs, and
litigation costs (including attorney’s fees and costs at trial and on appeal
and in any bankruptcy proceeding). Any brokered, bartered, altered, sold, or
purchased Points shall likewise be void and may be deducted from your Points
balance. Any violation of these provisions will result in termination of your
eligibility to participate in the Program and forfeiture of unused Points.
Taxes.You are solely liable for any applicable
federal, state or local income, sales, use, or other taxes arising out of the
accrual or use of Points. Consult your tax advisor concerning any tax
consequences that may arise from your participation in the Program.
Severability.If a court of competent jurisdiction or
any government agency determines that any provision of these Program Terms is
void or unenforceable, that provision will continue to be enforceable to the
extent permitted by that court or agency, and the remainder of that provision
will no longer be considered as part of these Program Terms. However, all other
provisions will remain in full force and effect.
Governing Law.The Program and these Program Terms are
governed by federal law and, to the extent state law applies, the laws of the
State of Delaware, without any reference to its choice of law provisions.
Waivers.We can delay enforcing our rights under
these Program Terms without losing them. In addition, our failure to exercise
our rights on any one occasion, or even on more than one occasion, does not
constitute a waiver of our rights for any future occasion. All waivers must be