2nd & Charles Rewards Terms & Conditions
Last Updated: December 5, 2023. Please read these terms and conditions carefully. By joining the 2nd & Charles Rewards Program you agree to the Terms and Conditions provided below, and any amendments or modifications thereto.
Introduction
The 2nd & Charles Rewards Program provides Program Participants with special rewards, discounts, and promotional offers. This program is for the benefit of individual readers and collectors for their own pleasure, and it is not intended to benefit the large order buyer or 3rd party reseller.
·
o Membership & Eligibility Individuals can sign up to be a Program Participant ("You", "Program Participant") by enrolling at checkout in our store locations, online at 2ndandCharles.com, or on the 2nd & Charles mobile app.
Participants must:
(1) Be individual customers who are age 18 or older, and
(2) Be a resident of the United States and
(3) Provide your first name, last name, valid email address, and cell phone number at the time of enrollment. There is a limit of one Participant per valid email address.
Only Program Participants are eligible to participate in the Program and receive its benefits. Customers who make purchases under a "Guest" account without creating a new registered account at the time of purchase are not eligible for Program benefits on such purchases. The Program is intended for individual personal use only and commercial use and/or 3rd party reselling is strictly prohibited.
Companies, organizations, foundations, resellers, wholesale buyers, associations, and other groups or individuals who use the Program for reselling or commercial purposes ("Ineligible Parties") are not eligible for the Program. Any use of the Program by Ineligible Parties or use of a single registered account for the purpose of accumulating Program benefits for combined, commercial, and/or 3rd party reseller use will be considered a fraudulent act and a material breach of the Agreement. Use or attempted use of the Program by Ineligible Parties will also be grounds for immediate termination, without liability or obligation of 2nd & Charles to refund any fees or payments, of any associated 2nd & Charles account. Further, Ineligible Parties found to be participating in the Program will be liable to 2nd & Charles for the value of any and all free products redeemed, and 2nd & Charles hereby expressly reserves any and all other rights and remedies available by law or in equity.
Acceptance 2nd & Charles LLC, 2ndandcharles.com, and its affiliates provide a variety of website features at 2ndandcharles.com ("Website"), similar services on other websites and applications, and other products owned and maintained by 2nd & Charles. The terms and conditions stated below (collectively, the "Agreement") constitute a legal agreement between you ("You", "Program Participant") and 2nd & Charles LLC, a Delaware limited liability company (the "Company," "2nd & Charles," "We," "Our," or "Us"). By joining the Program through the process provided below in Section 2, you are utilizing 2nd & Charles Services (as defined in the Terms of Use) and you expressly acknowledge and agree to the terms and conditions that are laid out here, the terms set forth in the Terms of Use and the Privacy Policy, both of which are incorporated into this Agreement by reference, and any amendments and additions to this Agreement as published from time to time at our Website. By accepting this agreement, you acknowledge and affirmatively consent to the following:
·
o We may send you emails and text messages at the address associated with your registered account, unless you later withdraw your consent to receive commercial emails and text messages under the opt-out procedures provided in our Privacy Policy. However, if your account remains active, you will continue to receive operational emails and text messages primarily related to the Program unless your account is canceled or otherwise terminated;
o We may request and collect certain information about you (including, but not limited to, your name, mailing address, zip code, telephone number, credit, debit or payment account information, and email address) as part of creating your registered account, enrolling in the Program, or to provide our services to you. All information provided by you will be handled in accordance with our Privacy Policy;
o We may require you to log in to your registered account or create a registered account when you purchase goods at our Website in order to provide you Program benefits.
You may not accept this agreement if you are not 18 years old. If you do not agree with all of the provisions of this Agreement, do not access or participate in the Program.
Program Enrollment
Registering for the Program
If you are eligible for the Program, you may register for the Program by completing the registration process at any 2nd & Charles location, on the 2nd & Charles mobile app, or online at https://www.2ndandcharles.com/rewards/ or by selecting the option to "Join" while making a purchase at our Website or on the 2nd & Charles mobile app. We may collect certain personal information from you to complete the registration, including but not limited to your name, username, password, email address, birthday, and products or services of interest. Any information we collect from you during Program registration will be governed by our Privacy Policy.
o By completing the Program registration, you warrant the information you have provided to us is current, complete, and accurate, and you are responsible for updating such personal information to the extent any changes occur in the future. When you register with the Program for the first time, you will receive a sign-up reward.
o You are solely responsible for all activities that occur under the account used for Program registration whether or not you authorized the activity. You are solely responsible for maintaining the confidentiality of your account or any password protected portion of the Website or App using your email address or password and agree to immediately notify us of any unauthorized use of your account, email address, password, or any other potential breach of security.
Unenrolling from the Program
If at any point after registering for the Program you wish to unenroll from Program benefits, you may do so by clicking "Opt Out" on the 2nd & Charles Rewards page of your member account. By unenrolling, by deleting your member account, or by withdrawing your consent for us to use any personal information required to administer your account, you will forfeit any unredeemed benefits you have earned, including earned and outstanding rewards, Program Points, and Free $5 Rewards (as defined below). Subject to applicable law, we may retain any personal information you provided us during the time you were registered as a Program member. If you have any questions or concerns regarding unenrolling from the program, please feel free to contact us at [email protected]
Earning and Redeeming Reward Points
The benefits available to you through the Program are based on the number of points that you earn ("Program Points"). To earn Program Points, you must give your information to our cashiers at checkout in stores or be logged into your 2nd & Charles account at the time of each online purchase.
Earning Points
As a Program Participant, you may earn Program Points by making Qualifying
Purchases at our brick-and-mortar stores, our Website, or through the 2nd & Charles Mobile App while logged into your account. You will earn Program Points per dollar spent on qualifying purchases. Program Points will be credited to your Program account within approximately twenty-four (24) hours of a Qualifying Purchase. You must contact us via the e-mail below within one-hundred and twenty (120) days after the date of purchase or other program activity took place to address any errors in crediting of points. We are not responsible for late notifications about purchases or other program activities not being credited to a Program account. Our good faith determination of the amount of Program Points earned under any purchase will be final and binding.
Qualifying Purchases
You must identify yourself as a Program Participant at the time of the transaction in order to receive Program Points. Qualifying Purchases must be made in Stores, through Our Website, or through the 2nd & Charles Mobile App under a registered account at the time of purchase in order to qualify for Program Points. Purchases that are made under a guest account without creating a registered account during the purchase process do not qualify for Program Points. Qualifying Purchases do not include the following: bulk and wholesale purchases; purchases made with benefits received under the Program; taxes, shipping costs; gift card or e-gift card purchases; returns, refunds, or credit adjustments; services offered such as gift wrapping; purchases made through third-party affiliates, and any other purchases we designate as non-qualifying, as provided below. Qualifying purchases of discounted or sale items will earn Program Points according to the paid price of the purchased item, not the original list price. We reserve the right to designate any purchase as a non-qualifying purchase by noting its status as a non-qualifying purchase in the online promotion or benefit details on our Website or in the 2nd & Charles mobile app.
Refunded Purchases
If we issue you a refund for a purchase which was previously a Qualifying Purchase, we reserve the right to remove, or not credit you, any Program Points related to the returned purchase, which will reduce Points and may result in a negative Points balance. The decision to remove or withhold Program Points will be made in our sole discretion. Refunds are governed by our return and exchange policy, which is available at https://www.2ndandcharles.com/info/faq.
No Cash Value
Program Points accumulated under the Program are promotional and have no cash value. Program Points have no purpose or use except in exchange for benefits or privileges offered by us under the Program.
$5 Reward
[In addition to earning Program Points,] for every 150 Program Points you earn, you will receive a $5 reward, redeemable on any single transaction in stores or online at 2ndand Charles.com. Upon issuance of the $5 Reward, your Program Points account will be reduced by 150 points. We reserve the right to change the value of our merchandise at any time, without notice, in our sole discretion. You will not earn Program Points for items purchased using free $5 Rewards. $5 Rewards will be added to your account once you have earned the required number of Program Points and will expire thirty (30) days from the date of issuance.
o You may only redeem one $5 Reward per purchase. Any $5 Reward that you have available at the time you add an eligible item to your cart will be automatically applied at checkout. The listed value of the $5 Reward will be applied toward calculating purchase minimums for any applicable free or discounted shipping offers. When redeeming the $5 Reward, the value of the qualifying purchase plus shipping must be equal to or greater than the value of the $5 Reward being used. The value of an item purchased using a $5 Reward will not be applied as a benefit to earn Program Points and may not be used in conjunction with any special reward, discount, or promotional offers unless explicitly noted in the special reward, discount, or promotional offer details. Your purchase of an item using a $5 Reward will not qualify as a purchasing event for any other special reward, discount, or promotional offer unless explicitly noted in the special reward, discount, or promotional offer details. The value of the $5 Reward will not be refunded on a merchandise return in stores, or on a return, exchange or cancellation online.
o $5 Rewards have no cash value and cannot be credited to an account, redeemed for cash, applied to a previous purchase, or used for purchasing gift cards or e-gift cards. You may not sell your Rewards. Participants may be notified of additional ineligible products and services. Other restrictions may apply.
o To the extent permitted by applicable law, we may cancel any earned or outstanding Rewards if we become insolvent, unable to pay our debts when due, file and action under the U.S. Bankruptcy Code or have such an action filed against us.
Special Birthday Gift
Program Participants with active accounts (defined as an account that has made a qualifying purchase in the last 24 months) will receive a Special Birthday Gift to use on any one transaction. In order to be eligible to receive the Special Birthday Gift, you must have an active account and you must have provided us your birthday information in your Program account prior to your birthday month. The Special Birthday Gift will be added to your account and is subject to all Program Points terms and conditions.
Program Points Expiration
Any Program Points accumulated by a Program Participant will automatically expire if the Program Participant has not made a Qualifying Purchase within twelve (12) months following the Qualifying Purchase that last earned Program Points.
Additional Benefits and Offers
We may provide additional benefits or offers to all or select Program Participants by notifying Program Participants via email, push notification for Mobile App users, or by posting the details of such benefits or promotions at our stores, on our Website, or in the 2nd & Charles Mobile App. We reserve the right to base such benefits or offers on Program Points earned, Program Participant purchases and preferences, or any other criteria in our sole discretion. If you are eligible for multiple 2nd & Charles Rewards promotions by making a purchase during any promotional period, only the one promotion that results in the most bonus Program Points awarded to you will be applied to your order.
Program Points will be applied to your account after your qualifying purchase is made and may take up to 48 hours to be reflected in your account. Cumulative Qualifying Purchases will be calculated on a rolling basis from each date of purchase to determine the Program Participant's right to benefits under this section. You will not earn Program Points in addition to specific promotional bonus Program Points on the value of those purchases that qualify for promotion-specific bonus Program Points, unless otherwise explicitly stated in the specific promotion. We may offer additional promotions or bonus Program Points for specific types of purchases as we determine in our sole discretion.
Amendments, Modifications, and Termination of Program
With the exception of the Mandatory Dispute Resolution and Arbitration Policy, we may modify this Agreement or its policies relating to the Program at any time, with or without notice, effective upon posting of an updated version of this Agreement on our Website. We may terminate the Program at any time, for any reason, even though termination may adversely affect your ability to receive and/or use Program benefits. You will have the lesser of the then-remaining term of any Program benefit or thirty (30) days from the date Program termination is announced, via email, website, or mobile app, to use any unexpired Program benefit. You are responsible for regularly reviewing this Agreement, and your continued participation in the Program after any changes have been made will constitute your consent to such changes.
Miscellaneous
Conflict with Terms and Conditions
This Agreement complements and incorporates by reference the 2nd & Charles Terms of Use. In the event of any conflict between this Agreement and the 2nd & Charles Terms of Use, this Agreement controls.
Membership Fees
1. There are no membership fees associated with the Program or Program Points
o Benefits Personal to Participant; No Transfer Your Program Points, Free $5 Rewards, Special Birthday Gift, any other benefits you receive under the Program, and your account under the Program, are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one Program account that is personal to you.
o Right to Terminate Program Account We reserve the right to suspend or terminate your account and/or your participation in the Program without notice to you if we determine in our sole discretion that you have violated this Agreement or that the use of your account is unauthorized, deceptive, fraudulent, or otherwise unlawful. We may, in our sole discretion, suspend, cancel, or combine accounts that appear to be duplicative. By suspending or deleting your account with 2nd & Charles Rewards or 2nd & Charles, you will forfeit any unredeemed benefits you have earned, including earned and outstanding rewards, Program Points, $5 Rewards, and Special Birthday Gift. If we terminate your account in accordance with this section, we will not be obligated to provide you with Program benefits after the termination date. If you re-register an account or create a separate account, you may not transfer your old Program participation or benefits to your new registered account. If we terminate your account or participation in the Program for any reason, all accumulated Program Points in your account are void.
o California Notice of Financial Incentive. Under California law, the benefits and other promotions offered by joining the Program may be considered a financial incentive provided in exchange for personal information. The value of any financial incentive we offer is reasonably related to the value of any personal information you provide to us. We estimate the value of your personal information by considering various factors including, without limitation, the expenses we incur from collecting your personal information and/or providing the financial incentive to you, the revenue generated by your use of the financial incentive, and any improvements we can make to our products and services based on aggregating information obtained through the financial incentive program. 2nd & Charles Rewards Program is optional and Program Participants can withdraw at any time. Please see Unenrolling From The Program. To see more detail about 2nd & Charles’ privacy practices, please see the Privacy Policy
Limitation of Liability and Damages.
· Solely for purposes of this Section “2nd & Charles” includes 2nd & Charles Stores & Co. and its associated retail brands, and each of their respective parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective officers, directors, employees and agents.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES PURCHASED THROUGH OR
OTHERWISE PROVIDED BY 2ND & CHARLES ARE PROVIDED ON AN “AS IS” BASIS. 2ND & CHARLES DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. 2ND & CHARLES DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.