YVES ROCHERR USA LOYALTY CLUB

Yves Rocher USA loyalty club (“Club”) consists of the brand “Yves Rocher” and is offered exclusively by Radixis Inc. (also referred to as “Yves Rocherr USA” "we," "our," or "us").  This Club is subject to the rules and terms and conditions set forth below (the “Club Rules” or the “Club Terms and Conditions”)

These Club Rules supersede all previous terms and conditions applicable to the Club. All Club benefits, offers, rewards, and services are subject to availability. Yves Rocherr USA may at any time amend, modify, supplement, or terminate the Club, these Club Terms and Conditions, the structure for earning rewards, even though such changes may affect the value of rewards, or the ability to obtain certain rewards. If the Club is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other circumstances beyond our reasonable control.

We reserve the right to cancel or suspend a Member’s (also referred to as "you," "your," and "Loyalty Members") participation in the Club or any rewards earned and not yet used in the event of suspected fraud, abuse of rewards privileges, violation of these Club Terms and Conditions, or at our discretion. The Club is limited to the United States only. Members are responsible for any tax liability related to participation in the Club.

Terms and Conditions

BY PARTICIPATING IN THE CLUB, YOU AGREE TO ACCEPT THESE CLUB TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE TERMS OF USE www.yvesrocherusa.com, WHICH ARE INCORPORATED INTO, AND MADE A PART OF THIS CONTRACT.

IN THE EVENT THERE IS ANY CONFLICT AMONG THESE CLUB TERMS AND CONDITIONS OR THE TERMS OF USE, THESE CLUB TERMS AND CONDITIONS WILL GOVERN. YVES ROCHERR USA RESERVES THE RIGHT TO UPDATE OR MODIFY THESE CLUB TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. THOSE CHANGES WILL GO INTO EFFECT ON THE LAST UPDATED DATE SHOWN IN THE REVISED CLUB TERMS AND CONDITIONS. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE CLUB TERMS AND CONDITIONS PERIODICALLY AND WHENEVER YOU VISIT OUR WEBSITE.

Privacy Policy

Our Privacy Policy explains how we collect, use, and share your personal information. By participating in the Club, you are confirming that you understand and agree to how we collect, use, and share your personal information.

Your mobile phone number is your unique membership identifier and must be provided at checkout for all in-store transactions to earn points on eligible purchases and to redeem rewards. For online transactions, you must provide your email address and must be signed into your online account to earn points on Qualifying Purchases (as defined below). Because we use your mobile number and email address to identify you as a member and to notify you of Club benefits, you must ensure that both are accurate and current.

Marketing and Emails

When you sign up for the Club and give us your email, you consent to get marketing emails from the brand you signed up with. To stop getting marketing emails from the brand you signed up with or any other brand, click the “unsubscribe” link at the bottom of each email. You will continue to receive transactional messages from us regarding the Club.

Transactional emails are sent to you related to your Club membership including, but not limited to, the following: welcome email; recurring membership status statements and/or updates; issuance of rewards points earned; reminder of upcoming expiration of earned points; etc. To stop receiving these transactional emails, you must cancel your Club membership.

Membership

GENERAL CLUB MEMBERSHIP:

Membership in our Club is open to natural persons only. Corporations, groups, and associations are not eligible to participate in the Club.

Membership in the Club is available to any U.S. resident, who is at least 16 years old and signs up by providing applicable information at store locations or online at  www.yvesrocherusa.com in the United States (“Yves Rocher USA Stores” or “Yves Rocher USA locations”). Membership is free and optional. No purchase required to sign up. Employees, officers, directors, agents and representatives of Yves Rocher USA are eligible to join. We may decline membership in the Club to any enrollee at our discretion and without prior notice.

MEMBERSHIP points and benefits:

When enrolling as a general member, you will enter the Club as a Member. 

Upon making Qualifying Purchases you will earn points. A “Qualifying Purchase” is defined as merchandise purchased at our Yves Rocher USA Stores for personal use. Excludes purchases for resale, or amounts for sales tax, state fees, gift packaging fees, shipping and handling or delivery charges, and any amount paid using a purchase order, gift card, merchandise credit, mail certificate, gift certificate, credit voucher, refund check, or any other type of store credit. You will not earn points for the amount of any coupon or discounts, or the value of any rewards applied to your purchase.

Communication of Benefits

Communications regarding the Club, including benefits, and promotions will be sent via email so please keep your email address current. We are not responsible for communications, offers, or rewards sent to out-of-date email addresses.

EARNING POINTS:

To earn points at our Yves Rocher USA Stores, members must provide a phone number for in-store purchases or be signed into your online account for online purchases. If you are signed into your account online.

You will earn 1 point for every dollar of Qualifying Purchases at our Yves Rocher Stores in the United States.

Any transaction amount paid with earned rewards, a purchase order, gift card, merchandise credit, mail certificate, gift certificate, credit voucher, refund check, or any other type of store credit, will not earn any points. Other exclusions may apply during special promotions.

You will not earn rewards points for the amount of any coupons or discounts on a transaction, on purchases made through any third-party platforms (such as Instagram), or the value of any points or rewards applied to your purchase.

You may see rewards points you receive advertised as “% back in Rewards.” For every increment of 100 points you will receive $5 dollar in rewards (or discounts) to be applied to a future purchase.

For example:

• 100 points = $1 in rewards or discount;
• 1000 points = $50 in rewards or discount;
• 1100 points = $55 in rewards or discount;

There is no limit as to the number of points you can earn. You may only redeem up to $500 in rewards per transaction. Points received for items that are returned will be deducted from your points balance at the time of the return.

We reserve the right to update the points accumulation formula from time to time, at our sole discretion. Please check the updated terms before any transaction.

BONUS POINTS:

From time to time, we may offer the opportunity to earn bonus points. The promotional materials may identify additional qualifying events, exclusions, and restrictions. Bonus points will not be used to determine your qualification for membership status.

Redeeming Rewards:

Rewards can be redeemed at our Yves Rocher Stores in the United States or online on our website, for the purchase of merchandise. Rewards cannot be used for the purchase of gift cards, for taxes or state fees, packaging fees, shipping & handling or delivery charges, and gift wrap charges. Rewards must be presented at time of purchase in store, or if you are shopping online, you must be signed into your online account in order to apply rewards to a purchase transaction online. The value of your reward will be prorated across items purchased and reflected on your receipt. If you return merchandise purchased with rewards, and to the extent we can identify the value of the reward points used in the original purchase, then the dollar value of the rewards allocated to the item(s) returned will be converted to points and credited to your membership account.

no cash value for points:

Points have no cash value and cannot be exchanged for cash or credit. You have no ownership interest in points, and these points collected do not constitute property. The use of the word "earn" or similar language in marketing materials and these Club Rules in relation to the Club does not imply that the points have any value prior to conversion or redemption. Points may not be purchased or sold and are not transferable.

Birthday Gift:

As a member, you may, at our sole discretion, be eligible to receive a birthday gift, reward or benefit once a year if your birthday is included in your profile at least seven business days before the first day of your birthday month. The birthday gift will be selected at our discretion.

Additional Terms of Participation:

Membership Limits

Limit 1 Club Membership per person, email address and phone number. If there is a dispute regarding ownership of the email address or phone number used to enroll in the Club, the owner will be deemed to be the natural person who is assigned to the submitted email address or phone number by a phone company, an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning phone numbers or email addresses for the domain associated with the submitted email address. Member is responsible for providing correct email address and phone number and updating email address and phone number used in the Club should either change.

If you determine that you have two separate Club accounts under different email addresses and/or phone numbers, you may contact Customer Service at info@yvesrocher.us and request that your Club accounts be combined into one Club account.

The Club benefits and rewards are nontransferable. Upon the death of a member, the member’s Club account will be closed and any benefits or points in the account will be forfeited.

Cancellation of Membership

Members must maintain an active Club membership to earn and redeem points. You may opt out of the Club at any time. If you opt out of the Club, you will no longer earn points or be able to redeem points and you will forfeit your unused and unexpired points. Deletion of points is final and cannot be reversed. To cancel a Club membership, please contact Customer Service at info@yvesrocher.us.

Expiration of Points

If there is no earning or redeeming of points in your Club membership account at least once every 6 months (in cycles of 6 months from the date you join the Club), all earned and unredeemed points will expire and be forfeited, and we may close your Club membership account.

Yves Rocher USA may suspend membership accounts with a negative balance. If your Club account is suspended, you may seek re-instatement from Customer Service. Returns of gifts you received but which you were not the original purchaser or return of items purchased without noting your Club membership will not be tied back to your account for return credit of any associated points. In a return transaction where reward points were used to reduce the total amount paid, you are entitled to a refund for only amounts actually paid.

Severability

If any provision of these Club Rules or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Club Rules and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

No Waiver

Yves Rocher USA’s failure to insist upon or enforce strict compliance with any provision of these Club Rules shall not be construed as a waiver of any provision or right and will not prevent us from enforcing such right or provision in the future. Nothing in these Club Rules will limit Yves Rocher USA from exercising any legal rights or remedies that it may have.

Errors or Inconsistencies

Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending benefits, rewards, or points in your Club account. In the event of any inconsistency or discrepancy between the Club Rules or other statements contained in any related materials or advertising, the terms of the then-current Club Rules shall prevail, govern, and control.

LIMITATIONS OF LIABILITY

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE CLUB AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. YVES ROCHER USA, ITS AFFILIATES, VENDORS, PARTNERS AND SERVICE PROVIDERS DISCLAIM 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. THIS CLUB IS NOT WARRANTED TO BE AVAILABLE UNINTERRUPTED OR ERROR FREE.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED TO YVES ROCHER USA WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

RELEASE OF LIABILITY

BY AGREEING TO PARTICIPATE IN THE CLUB YOU RELEASE YVES ROCHER USA, AND ITS SUBSIDIARIES, DIVISIONS, AND AFFILIATE ENTITIES, ALONG WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) RELATING TO YOUR MEMBERSHIP ACCOUNT OR PARTICIPATION IN THE CLUB OR THESE TERMS AND CONDITIONS.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS YVES ROCHER USA, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE YVES ROCHER USA CLUB TERMS AND CONDITIONS.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then the aggregate liability for all claims under such circumstances shall not exceed the lesser of (a) the amount paid by you for your participation in the Club during the prior 12 months or (b) $10. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages.

Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

We may assign our rights and obligations under these Club Rules, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

DISPUTE RESOLUTION

Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.

Arbitration Agreement

• Binding Individual Arbitration. Any dispute or claim arising out of or relating to the Club or your relationship with Yves Rocher USA, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either you or we may elect to have a Dispute heard in small claims court so long as it is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance unless you and Yves Rocher USA agree otherwise. Dispute shall be interpreted broadly and include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior Club Terms and Conditions (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Club Terms and Conditions. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues that are reserved for a court in these Club Terms and Conditions; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. These Club Terms and Conditions and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Club Terms and Conditions evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).
• Mandatory Informal Dispute Resolution Process. Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Yves Rocher USA agree to the following informal dispute resolution procedure before you or Yves Rocher USA may initiate arbitration. In the event of any Dispute that arises between you and Yves Rocher USA, the party asserting the Dispute shall first send written notice to the other party (by first class or registered mail) that includes all of the following information: (1) contact information (including name, address, email address, and telephone number); (2) a detailed description of the nature and basis of the Dispute and any claims; (3) a detailed description of the relief sought, including a calculation for it; and (4) information sufficient to identify any account and transaction at issue. The notice must be personally signed by the party asserting the Dispute (and your or our counsel, if represented). Your notice to Yves Rocher USA must be sent to: 401 New Karner Rd, Suite 301 Albany, NY, 12205 USA. Our notice to you must be sent to your last-used billing address or the billing and/or shipping address in your online profile. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Yves Rocher USA representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration with a Process Arbitrator or merits arbitrator. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration only if the Dispute is not resolved through this Process.
• Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (where appropriate) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). If you are submitting an arbitration demand, you shall send it to 401 New Karner Rd, Suite 301 Albany, NY, 12205 USA or info@yvesrocher.us and follow the AAA Rules for initiating arbitration. If Yves Rocher USA is submitting an arbitration demand, we shall send it to your last-used billing address or the billing and/or shipping address in your online profile and follow the AAA Rules for initiating arbitration. By submitting an arbitration demand, the party and counsel represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and Yves Rocher USA reserve the right to request a hearing in any matter from the arbitrator. You and a Yves Rocher USA representative will personally appear at any hearing (with counsel, if represented). An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Club Terms and Conditions as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
• Costs of Arbitration. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

Class Action Waiver and Jury Trial Waiver

YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

GOVERNING LAW AND VENUE:

Except with respect to the arbitration agreement, these Club Terms and Conditions and your participation in the Club are governed by the laws of the state of New York, without regard to New York’s conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in New York County, New York for purposes of any legal action arising out of or related to the Club or the Club Terms and Conditions, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (1) inconvenient forum or (2) any other basis or any right to seek to transfer or change venue of any such action to another court.

Termination:

You may terminate the Club Terms and Conditions at any time by cancelling your Membership. Yves Rocher USA also may terminate these Club Terms and Conditions at any time without notice, and accordingly may deny you Membership and access to the Club, if in our sole judgment you fail to comply with any term or provision of the Club Terms and Conditions. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Club Terms and Conditions for all purposes.

SEVERABILITY AND SURVIVAL:

Except as otherwise provided herein, if any provision of the Club Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Club Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

In addition to such other provisions that, by their terms, survive any termination or expiration of the Club Terms and Conditions, the following sections shall survive termination: (1) Limitation of Liability; (2) Release of Liability; (3) Dispute Resolution (Including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver); and (4) Governing Law and Venue.

GENERAL:

The waiver of any provision of the Club Terms and Conditions shall not be considered a waiver of any other provision or of Yves Rocher USA’s right to require strict observance of each of the terms herein. The Club Terms and Conditions constitutes the entire agreement between us relating to your participation in the Club.

Yves Rocher USA reserves the right to update these terms and conditions at any time at its sole discretion. Please check these terms and conditions before making any transaction.

20/06/2024