WAVES DE LA MER TERMS & CONDITIONS

Last updated May 2020

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE WAVES DE LA MER LOYALTY PROGRAM CAREFULLY.  BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

SECTION 8 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.  THEY AFFECT YOUR RIGHTS.  PLEASE READ THEM.

1. Membership Eligibility and Overview

1.1. The Waves de La Mer Loyalty Program (“Program”) is offered at the sole discretion of La Mer Technology Inc. (“La Mer,” “we,” “our” or “us”).  The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid email address are eligible to become members.  No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason. Employees and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program.

1.2. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agreed to be bound by these Program Terms and Conditions of Participation (“Terms”) and by any changes or modifications we may make.  You should review these Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time.  These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services.  By enrolling in the Program, you also agree to be bound by our website Privacy Policy and our website Terms and Conditions, which are incorporated herein by reference.  If you do not agree to these Terms, our website Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.

2. Program Enrollment

2.1. Eligible individuals may enroll in the Program by visiting www.cremedelamer.com (collectively, the “Site”) and following the Program prompts to register for the Program.

2.2. You are required to provide your name, email address and to create a password in order to enroll.  You may also have the opportunity to provide us with your mailing address, birth date and mobile phone number, but this information is optional.  You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.

2.3. Only one Program account may be associated with a single member and a single email address.  In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment.  For purposes of these Program Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, 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. 

3. How the Program Works

3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and for participating in certain brand experiences on the Site.  You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions at the Site.  Once you reach a certain loyalty tier and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier and/or number of points, which benefits may change from time to time and may be offered on a limited basis.  Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.).  Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.

3.2. The Program is a tier-based program determined by the number of points a member has earned within a single year on eligible purchases and through qualifying activities, beginning on the date when you enroll. There are 3 tiers with associated benefits:

• Tier 1, Marine  0 – 499 points
• Tier 2, Aquamarine      500 – 1499 points
• Tier 3, Ultramarine           1500 + points

When you join, you’ll automatically be placed in Tier 1, Marine and be eligible for all the benefits Tier 1 members receive. Once you earn at least 500 points in your first year, you’ll be automatically moved up to Tier 2, Aquamarine. If you earn 1500 points or more in your first year, you’ll qualify for Tier 3, Ultramarine.

Your status in a particular tier is good for the year in which you qualify for that tier and the following full year. After that, you’ll need to earn enough points to qualify for that tier each year. For example, if you qualify for Tier 2, Aquamarine, during your first year, you’ll maintain Aquamarine status during your second year. But, if you earn less than 500 points on eligible purchases during your second year, you’ll drop back down to Tier 1, Marine status on your second anniversary date.

3.3. Members receive 1 point for every 1 U.S. Dollar ($1) spent on eligible purchases at the Site. Eligible purchases include regular priced merchandise and exclude eGift Cards, sales tax, discounts, shipping and delivery charges, and/or other excluded charges specified by us from time-to-time. All points earned from purchases on the Site are pending until your order ships. For your purchase to qualify for the Program, you must be enrolled in the Program the date of purchase and be signed into your online account at the time of purchase. If you are not a member of Waves de La Mer at the time of purchase, you must enroll on cremedelamer.com within the next 24 hours, using the same email address you provided at the time of purchase, in order to be eligible to earn points on that purchase. However, if your membership in the Program is terminated for any reason and you enroll in a new Program account, any purchases made prior to the date you enroll in a new Program account do not qualify for points.

3.4. Purchases made in airport stores and retail stores outside of the United States are not eligible for the Program.

3.5. In addition to these purchases, you may also earn points for taking certain Program actions at the Site. Please see our FAQs for a list of the current ways to earn points at the Site. To earn points, you must be a Program member and be logged into your Program account before completing the actions. The number of points, if any, awarded for each action is determined by La Mer in its sole but reasonable discretion and in all cases subject to a maximum number of points earned for each action per year.

3.6. Points are valid for one year from your Program “anniversary date.”  This is the anniversary of the date you enrolled in the Program and occurs on a 12-month cycle. On your anniversary date each year, your points reset to zero (0) and you start accumulating new points benefits and unlocking new rewards.

4. Product Rewards and Benefits

4.1. As a member, you earn points that determine your points benefits plus tier levels and tier benefits. Product rewards and samples are shipped with product purchases on the Site only. You must be logged in to your Program account to use your benefits. 

4.1.1. Point Rewards: Starting at 650 points, you are eligible to redeem some of all of these points for full-size product rewards. Please login to your Waves de La Mer account to see the latest reward offerings. Reward offerings are subject to availability and must be redeemed with a purchase on the Site. These rewards are based on the number of points you have accumulated in a single year as listed below. You may redeem several rewards per transaction on the Site based on your earned points. Specific rewards vary based on availability. You must redeem your available points/rewards prior to your anniversary date, or the available points and rewards will expire. On your anniversary date, your points reset to zero (0) and you start accumulating new points and earning new rewards.

4.1.2. Tier Benefits: Certain benefits are based on tier achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. Tier benefits can only be redeemed on the Site with the exception of exclusive in-store member events and VIP events or as otherwise noted. On your anniversary date, even though your points reset to zero (0), your initial tier status for the year is determined by the number of points earned in the prior year. Please review our FAQs for more information on how to redeem your tier benefits.

4.2. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined.  Only the member paying for the products may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) are confidential and should not be shared with any other person.

4.3. Rewards, benefits and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits.  Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Program Terms.  The sale, barter, transfer, or assignment of any rewards benefits, or points offered through the Program, other than by us, is expressly prohibited.

4.4. Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.

4.5. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Program Terms.

4.6. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.

4.7. We reserve the right to change Program benefits, how you reach each Program tier, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity.  We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof. 

4.8. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact La Mer Customer Service.  Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered.  This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place.  We are not responsible for late notifications about purchases or other Program activities not being credited to an account.

4.9. Rewards can only be redeemed on the Site and only with a product purchase, unless otherwise noted by La Mer. You may redeem several rewards per transaction on the Site based on your earned points.

5. Marketing Communications

5.1. By enrolling in the Program, you will be automatically subscribed to receive and you consent to receive La Mer marketing emails and Program related emails, including Program marketing emails.

5.2. You may opt-out of receiving marketing emails or Program-related emails at any time by following the instructions provided in the email and as otherwise provided in the La Mer Privacy Policy, but operational emails will still be sent to you as they relate to your membership in the Program. Examples of these include, but are not limited to, redemption confirmation emails, profile update emails, or other communications that relate to your account.  If you terminate your Program membership, you will no longer receive any Program-related communications.

6. Termination and Modification

6.1. The Program and its benefits are offered at our sole discretion.  We may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits. 

6.2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity (i.e. no points earned or redeemed) for more than 24 months  , illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program.  If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.

6.3. If you decide you no longer want to be a part of the Program, you may cancel your membership by contacting Costumer Service. If you cancel your membership, you will lose all accumulated points, benefits and your tier status will automatically expire.

7. Disclaimer of Warranties; Limitation of Liability

7.1. NEITHER LA MER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

7.2. YOU AGREE THAT NEITHER LA MER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

7.3. FURTHER NEITHER LA MER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

7.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

8. Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Program Terms.

9. Governing Law and Disputes

9.1. This Program and these Program Terms will be governed by and construed under the substantive laws of the State of New York, as if they were a contract wholly entered into and wholly performed within New York and without reference to conflict-of-laws considerations.

9.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF.  ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.  It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

9.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10. Privacy

The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership will be used and disclosed by us in accordance with the La Mer Privacy Policy. CA Residents: The Program may be considered a “financial incentive” under California law. Please review our PRIVACY POLICY, which includes our Financial Incentive Notice.

11. Contact Us

For information about the Program and your membership, contact 1-866-850-9400 from within the U.S.A. or via email at lameronlineservice@cremedelamer.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.