LOYALTY PROGRAM TERMS & CONDITIONS
Monica + Andy | Rewards
The Monica + Andy Loyalty Program
MEMBERSHIP
Monica + Any Rewards, Monica + Andy’s loyalty program (the “Program") is offered by Monica and Andy ("Company") to customers making purchases and to potential customers on monicaandandy.com. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement (the "Agreement") between you ("Member") and Company with respect to the Program.
MEMBERS' ACCEPTANCE OF TERMS
By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions, including the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.
COMPANY'S RIGHT TO CHANGE/CANCEL PROGRAM
Company may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these Terms and Conditions in its sole and absolute discretion at any time and in any manner without notice. Your continued participation in the Program will confirm your acceptance of such changes.
MEMBERSHIP ELIGIBILITY
The Program is open to U.S. residents. Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion. Accounts cannot be merged from multiple email addresses.
MEMBERSHIP ENROLLMENT
Individuals can enroll by creating an account at monicaandandy.com. Member must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting www.monicaandandy.com/account and updating their Member account.
PROGRAM COMMUNICATIONS
Company will communicate with Members about marketing via mail, email, and other channels, including about special Member promotions, offers and more. Company will also use these channels to communicate the Member’s tier status, notify Member of eligibility for a benefit, communicate Program changes and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.
DATA PRIVACY
See https://monicaandandy.com/pages/privacy-policy for information about Company's privacy policy.
RETURNS
Merchandise returns must be made in accordance with Company's return policy available at https://monicaandandy.com/pages/returns-and-exchanges. Upon the return of an item, the spend amount applied to Program Level status for the original purchase will be deducted from the Member's account. If after the return and deduction of spend from the account occurs, the Member will revert into a lower status. Benefits from the higher status will be revoked as a result.
ELIGIBLE PURCHASES
Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at monicaandandy.com, count toward your Program tier status. The amount of a purchase made with store credit as method of payment will not be applied to Tier Level earnings. The amount of a purchase made with a Monica + Andy gift card as method of payment will be applied to Tier Level earnings of the gift card redeemer. The purchase of a Monica + Andy gift card will not be applied to Tier Level earnings. Additional items may be excluded from Tier Level accumulation at the sole discretion of Company.
TIER STATUS
Program tier status is based solely on a customer’s total dollar spend on monicaandandy.com. The criteria for each Tier are as follows:
Level 1 (Fan Club): A customer receives Level 1 status upon creating an account at monicaandandy.com.
Level 2 (Insider): If a customer’s account accumulates one hundred and twenty-five dollars of total spend on monicaandandy.com within the last 12 months, calculated on a daily basis, the customer will receive Level 2 status. To remain a Level 2, a customer must accumulate $125 of dollar spend during the last 12 months. If a customer does not spend $125 in the last 12 months, the customer will revert to Level 1 Status, losing Level 2 benefits. In order for the customer to regain Level 2 status, the customer must make a purchase of $125 or more.
Level 3 (VIP): If a customer’s account accumulates two hundred and fifty dollars of total spend on monicaandandy.com within the last 12 months, calculated on a daily basis, the customer will receive Level 3 status. To remain a Level 3, a customer must accumulate $250 of dollar spend during the last 12 months. If a customer does not spend $250 in the last 12 months, the customer will revert to the Level Status that their spend qualifies for, losing Level 3 benefits. In order for the customer to regain Level 3 status from Level 2, the customer must make a purchase of $150 or more. In order for the customer to regain Level 3 status from Level 1, the customer must make a purchase of $250 or more.
Level 4 (VVIP): If a customer’s account accumulates five hundred dollars of total spend on monicaandandy.com within the last 12 months, calculated on a daily basis, the customer will receive Level 4 status. To remain a Level 3, a customer must accumulate $500 of dollar spend during the last 12 months. If a customer does not spend $500 in the last 12 months, the customer will revert to the Level Status that their spend qualifies for, losing Level 4 benefits. In order for the customer to regain Level 4 status from Level 3, the customer must make a purchase of $250 or more. In order for the customer to regain Level 4 status from Level 2, the customer must make a purchase of $375 or more. In order for the customer to regain Level 4 status from Level 1, the customer must make a purchase of $500 or more.
At the program start, customers will be welcomed into a tier based on their spend in the last 12 months, starting from a predetermined date by the Company, at the Company’s discretion.
For more information on Program tiers, see https://www.monicaandandy.com/pages/rewards
VALID EMAIL ADDRESS
A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.
Customers must use a single email address to place their orders (Online and Guideshops), no consolidation of accounts is possible.
RIGHT TO REVOKE
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud.
NO TRANSFER
Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not exchangeable for cash.
EMPLOYEE ELIGIBILITY
All current employees of Company are ineligible to participate in the Program.
PROGRAM BENEFITS AND DETAILS
Program benefits may be changed at any time at the discretion of the Company.
In addition to any other requirement and/or limitation that may be communicated to Members at the time a benefit is offered, the following shall apply:
Discounted Shipping
Discounted shipping is only valid for Monica + Andy members at monicaandandy.com on orders shipping to the United States. Member must be signed in to Member’s Monica + Andy account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. Free shipping method is dependent upon tier status and will be automatically applied at checkout. Free shipping only applies to Domestic ground shipping. See monicaandandy.com for full shipping details. Terms of offer are subject to change at any time.
Membership Pricing
Membership Pricing at monicaandandy.com is available to top customers. Member must be signed in to Member’s Monica + Andy account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. Terms of offer are subject to change at any time.
Surprise Gifts
Surprise gifts are given at the discretion of Monica + Andy. Member must be signed in to Member’s Monica + Andy account at the time of purchase. Terms of offer are subject to change at any time.
Early Access
Early access to select Monica + Andy products. Members will be notified of early access via email and/or other means of marketing communication. Members must be signed in to Member’s Monica + Andy account. Terms of offer are subject to change at any time.
Level Up Rewards
Level Up Rewards may be in the form of a gift card, gift, or other surprise. Members must be logged in to receive their reward. Terms of offer are subject to change at any time.
Invitations to special experiences
Special experiences and events are available in select geographies. Members will receive email invitations for special events based on availability. Terms of offer are subject to change at any time.
Gift Cards or Store Credit
Gift Cards or Store Credit may be awarded as a benefit for Members. These Gift Cards or Store Credit expire in 6 months upon issuance of the reward unless otherwise specified. The Company reserves the right to expire any or all Gift Cards or Store Credit at any time at the discretion of the Company. Terms of offer are subject to change at any time.
EXCLUSIONS
Program does not apply to classes, digital classes, experiences, or nursery products.
TAXES
Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.
No Warranty
Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.
Any Questions
For any additional questions please contact storks@monicaandandy.com or call us at (708) 638-5584.
GOVERNING LAW
These Terms and Conditions, the relationship between you and the Company, and Company's loyalty program, shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, without giving effect to any conflict of law provisions.
MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.
ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY'S LOYALTY PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR IN ILLINOIS. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF ILLINOIS. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
Release of liability and LIMITATION ON DAMAGES
You release Company and its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents from and against any and all liability relating to your membership or participation in the Program or these Terms and Conditions. To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members' participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages.
INTELLECTUAL PROPERTY
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Company and may be registered in the United States and internationally.
