Clinique Smart Rewards Loyalty Program: Terms & Conditions of Participation
Last updated June, 2018
Clinique UK Smart Rewards Loyalty Program: Terms and Conditions of Participation
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE CLINIQUE SMART REWARDS 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.
1. Membership Eligibility and Overview
1.1 The Clinique Smart Rewards Loyalty Program (“Program”) is offered at the sole discretion of Estée Lauder Cosmetics Limited with registered address at One Fitzroy, 6 Mortimer Street, London W1T 3JJ and company number 00659213 d/b/a Clinique (“Clinique,” “we,” “our” or “us”). Clinique is the promoter of the Program. 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 Kingdom and the age of majority in their jurisdiction of residence, 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 of The Estée Lauder Companies and individuals employed by us or our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program in our sole but reasonable discretion.
1.2. Affiliates and other brands of The Estée Lauder Companies may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in the program of any other affiliate or brand of The Estée Lauder Companies.
2. Program Enrollment
2.1. Eligible individuals may only enroll in the Program by visiting www.clinique.co.uk (collectively, the “Site”) and following the Program prompts to register for the Program.
2.2. You are required to provide your email address and name, and you must create a password in order to enroll in the Program and create an online account for the Program on the Site ("Program account"). [Members will be sent a registration confirmation email following completion of their enrollment.] 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 Program 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 the identity of the member enrolled in the Program, 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 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. For your purchase to qualify for the Program, you must be enrolled in the Program and be signed into your Program account at the time of purchase. 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 reach Program loyalty tiers or earn points will be posted on the Site or may be published through other media (e.g., in-store, 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, Smart 0 - 75 points
- Tier 2, Brilliant 76 - 200 points
- Tier 3, Genius 201+ points
When you join, you’ll automatically be placed in Tier 1, Smart and be eligible for all the benefits Tier 1 members receive. Once you earn at least 75 points in your first year, you’ll be automatically moved up to Tier 2, Brilliant. If you earn 200 points or more in your first year, you’ll qualify for Tier 3, Genius.
Your status in a particular tier is good for the remainder of the year in which you first qualify for that tier and for the following full year. After that, you’ll need to earn enough points to qualify for a particular tier. For example, if you qualify for Tier 2, Brilliant, in your first year, you’ll will move from Tier 1, Smart to Tier 2, Brilliant for the remainder of your first year and will retain Tier 2, Brilliant status during your entire second year. But, if you earn less than 76 points on eligible purchases during your second year, you’ll drop back down to Tier 1, Smart status on your second anniversary date.
3.3. To earn points online, you must be enrolled in the Program and be signed into your Program account at the time of purchase. Currently, only purchases made on the Site are eligible for the Program. Purchases made in department stores, specialty stores, airport stores and retail stores (even if owned by us) are not eligible for the Program at this time. If this changes, we will update these Terms. Purchases made outside of the United Kingdom are also not eligible for the Program.
3.3.1. Members receive 1 point for every £1 spent on qualifying purchases on the Site. Qualifying purchases include regular priced merchandise and services, and exclude sale or promotional items, gift cards, applicable taxes, fees, shipping and delivery charges or other excluded charges specified by us from time-to-time. All points are pending until your order ships, at which time they are fully vested and capable of redemption.
3.3.2. In addition to these purchases, you may also earn points for the following actions on the Site. To earn points, please check to make sure you are a Program member and you have logged into your Program account before completing the actions above. The number of points, if any, awarded for each action is determined by Clinique in its sole but reasonable discretion and in all cases subject to a maximum number of points earned for each action per year.
- Enrolling in the Program (one time only)
- Completing the Foundation Finder (one time only)
- Completing the Skin Diagnostic (one time only)
- Chatting with an online Beauty Advisor (once per month)
- Writing product reviews that get published (To earn points, you must be logged into your Program account when you purchase the reviewed product on www.clinique.co.uk)
- Sharing your favorite products on Facebook, Twitter or Pinterest by clicking the share buttons on the Site and using #CliniqueSmartRewards.
3.3.3. 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 and you start accumulating new points benefits and earning new rewards.
4. Product Rewards and Benefits
4.1. As a member of the Program, you earn points that determine your points benefits plus tier levels and tier benefits. To redeem offers and rewards, you must have accumulated the minimum number of points as established by us for a particular benefit. Product rewards and samples are shipped with product purchases on the Site only. Points may never be redeemed for cash. You must be logged in to your Program account to use your benefits. You will find your eligible offers and rewards (with offer codes if applicable) listed in your Program account. Qualifying members will receive email invitations when event rewards are available if they have consented to receiving such communication and have not chosen to opt-out of receiving Program emails.
4.1.1. Point Rewards: At different point levels you will be able to redeem your points for rewards that can be used in conjunction 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 one reward per transaction on the Site by logging into your Program account and selecting the reward from your Program account page. 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 and you start accumulating new points and earning new rewards.
- Two free deluxe samples with purchase (valid at 50 points)
- Free full size product with purchase (valid at 100 points)
- Free full size Gift With Purchase product assortment with purchase (valid at 300 points)
4.1.2. Tier Benefits: Certain benefits are based on tier level achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. If you move down a tier, your benefits change accordingly. 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, your initial tier status for the year is determined by the number of points earned in the prior year of membership, and you are eligible for those tier benefits regardless of the number of points you have. Please review our FAQs for more information on how to redeem your tier benefits.
- Tier 1, Smart: 0-75 points
- Birthday Gift (with purchase, valid once per year)*
- 10% off one order (offer only available one time for new members only. Excludes sale & value products and can't be used in conjunction with other discounts.)
- Free treat with every purchase at checkout
- Free Standard Delivery 2-5 days (to addresses in the UK, with a purchase on the Site)
- Online consultation and live chat
- Tier 2, Brilliant: 76-200 points
- All Tier 1 benefits
- 15% of one order (offer only valid one time while in Tier 2. Excludes sale & value products and can't be used in conjunction with other discounts.)
- Free Next Day Delivery on one order† (to addresses in the UK, with a purchase on the Site; offer only valid one time while in Tier 2. Orders must be placed by 3pm for next 'working day' delivery. Please allow two additional days for deliveries to Scottish Highlands, Aberdeen, Northern Ireland and other rural areas.)
- Early access to new products**
- Exclusive double points events
- Tier 3, Genius: 201+ points and above
- All Tier 1 and Tier 2 benefits
- Full-size product Birthday Gift (with purchase, valid once per year)*
- Free Next Day Delivery (to addresses in the UK, with a purchase on the Site. Orders must be placed by 3pm for next 'working day' delivery. Please allow two additional days for deliveries to Scottish Highlands, Aberdeen, Northern Ireland and other rural areas.)
- Invitations to VIP Member Events when available
*Within 30 days of your birthday, you can redeem your Birthday Gift on the Site with a purchase and by providing your offer code, which will be visible within your Program account profile if you have provided your birth date. You must be logged into your Program account to redeem your Birthday Gift. There is a limit of one Birthday Gift per member per year, and Birthday Gifts cannot be transferred, delayed, exchanged or returned.
**From time to time, Program members will be offered early access to shop select products before they are offered for sale to the general public. Qualifying members will receive email invitations when these offers are made available if they have consented to receiving such communication and have not chosen to opt-out of receiving Program emails. Members may be required to log in to their Program accounts to redeem this benefit. These offers are available for a limited time and while supplies last.
†Please note that Free Next Day Delivery and/or Saturday Delivery may be unavailable at certain times of year such as over the Christmas period or the Black Friday weekend. Orders must be placed by 3pm for next 'working day' delivery. Please allow two additional days for deliveries to Scottish Highlands, Aberdeen, Northern Ireland and other rural areas.
4.2. Offers and rewards are available while supplies last and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem points. We are unable to reship offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Customer Service at email@example.com or by calling +44 808 281 0226 (from within the UK).
4.3. Neither accounts nor Program rewards, benefits and/or points may be 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.
4.4. 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. Points and tier status 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 Terms as determined by us in our sole but reasonable discretion. The sale, barter, transfer, or assignment of any rewards, benefits or points offered through the Program, other than by us, is expressly prohibited.
4.5. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
4.6. 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 but reasonable discretion, may result in the violation of our Terms.
4.7. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party..
4.8. If you have concerns that a purchase or other activity was not properly applied to your Program account, you should contact Clinique Customer Service at firstname.lastname@example.org or by calling +44 808 281 0226 (from within the UK). 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 your Program account.
4.9. Rewards can only be redeemed on the Site in conjunction with a product purchase, unless otherwise indicated by Clinique.
5. Marketing Communications
6. Termination and Modification
6.1. The Program and its benefits are offered at our sole discretion. We reserve the right to change Program benefits, how you earn points and reach each Program tier 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, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof. Except where prohibited by applicable law, we may, in our discretion, cancel, modify, restrict or terminate these Terms 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. Changes to the Program will be set forth in these Terms and will be effective on the date the Terms are posted to the Site (with the effective date reflected at the beginning of the Terms). Continued participation in the Program following posting of updated or modified Terms constitutes your acceptance of those Terms as so updated and modified.
6.2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your Program account at any time, in our sole but reasonable discretion. To keep your Program account active you must log in to your Program account and make a purchase within 24 months. Membership will expire if a member is inactive for a period of 24 months or more. Any suspected abuse of the Program, failure to comply with any Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates (all as determined by us in our sole but reasonable discretion), 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 Program 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 reserve the right to take appropriate legal action.
6.3. If you decide you no longer want to be a part of the Program, you may cancel your membership in the Program at any time by logging in to your Program account on the Site and clicking on ["cancel membership" which is located at Account Profile to terminate your membership of the Program at email@example.com or by calling +44 808 281 0226 (from within the UK). If you cancel your membership, you will automatically lose all accumulated points, benefits and tier status and no longer receive Program related emails.
7. Disclaimer of Warranties; Limitation of Liability
7.1. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, REPRESENTATIONS, LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY
7.2. NEITHER CLINIQUE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE NOT LEGALLY EXCLUDABLE. THIS PROVISION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER NOR DOES IT AFFECT YOUR CONTRACT CANCELLATION RIGHTS.
7.3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CLINIQUE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) PRE-CONTRACT OR OTHERWISE) 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, WARRANTIES OR CONDITIONS THAT DEFECTS OR ERRORS WILL BE CORRECTED. NOTHING IN THIS PROVISION SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR SERVANTS, AGENTS OR EMPLOYEES.
7.4. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CLINIQUE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY ECONOMIC LOSSESS (SUCH AS LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS), LOSS OF GOODWILL OR REPUTATION OR ANY SPECIAL OR INDIRECT LOSSESOF ANY KIND RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION THEREIN, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) PRE-CONTRACT OR OTHERWISE (OTHER THAN FRAUDULENT OR NEGLIGENT MISREPRESENTATIONS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED POUNDS (£100.00).
7.5. IF YOU ARE DISSATISFIED WITH THE PROGRAM FOR ANY REASON, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW.
8. Governing Law and Disputes
8.1. Unless the laws of your jurisdiction require that those laws apply, this Program and these Terms will be governed by and construed under the substantive laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
9. Privacy and Data Protection
9.1. By participating in the Program, we collect and use information about you, including your registration details, information about your purchases and other information that you supply for the purposes set out in these Terms. Your personal details will at all times be kept confidential and in accordance with direct marketing section above.
9.3. You can, at any time after you have consented to receiving the information set out in this clause, choose to opt-out of receiving any and all such information by: (i) clicking on the unsubscribe link within the marketing emails you receive from us, or (ii) contacting our Customer Services team at firstname.lastname@example.org or by calling +44 808 281 0226 (from within the UK).
10. Entire Agreement; Waiver and Survival
These Terms govern our relationship with you as it relates to the Program. You confirm (and if you are a minor, your parent or legal guardian confirms on your behalf) that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Your Statutory Rights are not affected by these Terms. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not a part of these Terms. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms.
11. Contact Us
For information about the Program and your membership, contact Customer Service at email@example.com or by calling +44 808 281 0226 (from within the UK). 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.. If you need to contact us, our company details are:
Estée Lauder Cosmetics Limited
Registered office: One Fitzroy, 6 Mortimer Street, London W1T 3JJ
Registered in England registration number 00659213
VAT no: 193-0816-58
Telephone: +44 808 281 0226 (from within the UK).