GENERAL TERMS AND CONDITIONS FOR THE MUGLER PERFUMES LOYALTY PROGRAM "THE CIRCLE"
1 – PURPOSE
The Mugler Fragrances Loyalty Program ("The Circle"), operated by L’Oréal USA, Inc., is open to legal residents of the fifty (50) United states and District of Columbia who are 18 years of age or older at the time of registration. Void where prohibited.
Membership in The Circle and its benefits are offered at the discretion of Mugler Fragrances, a member of the L’Oreal USA family of brands (“Mugler” or “Mugler Fragrances”). Mugler Fragrances may, at any time, terminate, change, limit, modify or cancel The Circle or any rules, regulations, benefits, or conditions of participation by posting the modified rules on this page. Your continued participation in The Circle after such posting will constitute your acceptance. By enrolling in The Circle, you hereby agree to these Terms and Conditions, which may be updated from time to time by Mugler Fragrances in its sole discretion and that you meet the eligibility requirements. Changes to The Circle or these Terms and Conditions will be communicated to Members by any means Mugler deems most appropriate (e.g. website posting, email, etc.).
THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED “ARBITRATION AGREEMENT” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST L’ORÉAL USA, INC. ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST L’ORÉAL USA, INC. IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
In these Terms and Conditions, the expressions below shall have the following meaning:
"Unique Code": the unique code is printed inside the Mugler Fragrances product boxes. It comprises 11 characters (.i.e. NHTSX9HZ9JC).
"Website": the www.muglerusa.com website is both the corporate and e-commerce website of the Mugler brand used by MUGLER FRAGRANCES in the United States of America. It provides Members with access to The Circle loyalty program.
"Member": any legal resident of the fifty (50) United states and District of Columbia who is over the age of 18 and has consented to participate in the Circle when creating an account on www.muglerusa.com.
2 – BECOMING A MEMBER OF THE CIRCLE
2.1 Membership in The Circle is open to any physical person over the age of 18 years old residing in any of the fifty (50) U.S. states who has chosen to participate in Mugler “The Circle" loyalty program by filling out the registration form and providing the required information when creating a personal account on www.muglerusa.com.
Members attest to the accuracy of all the information provided throughout the duration of their membership. MUGLER FRAGRANCES reserves the right to request documentation at any time to prove the identity of a person who wants to subscribe or has subscribed to The Circle, notably if they possess the same name as another member. Any changes will be made immediately online or, barring that, signaled to Customer Service in a timely manner.
Membership in The Circle is effective as of Member sign-up. Membership is name-based, personal, and reserved for the private, not professional, use of individuals.
2.2 Membership in The Circle is valid subject to the provisions in Article 5 in these Terms and Conditions. The Member is entitled to withdraw his/her participation in The Circle at any time. To do so, the Member may notify the Customer Service by mail at MUGLER Customer Care; PO Box 2007, Westfield NJ 07091, USA or using the contact us form.
2.3 Any changes in the Member's personal information (address, name, or any other indication that may be required to manage his/her participation) should be made as soon as possible through the Member’s online account.
3 - FEATURES OF THE CIRCLE
3.1 Registering Purchases
Members may register their purchases as part of The Circle in the following ways:
3.1.1 Mugler products with a Unique Code:
Members may register purchases through their account on the Website by using the 11-character unique code printed inside the Mugler product’s box (i.e. NHTSX9HZ9JC).
Mugler Fragrances reserves the right to request the Member provide additional proof of purchase to validate participation in The Circle or registration of purchases.
3.1.2. Mugler products without a Unique Code:
E-gift cards, Addict box, travel size products and the samples bar do not have Unique Codes: you will not be able to register these items.
3.2 E-commerce advantage, promotions and sales offers
3.2.1 Special advantages and sales offers: The “Circle Price”
The Circle offers to members the ‘Circle Price”, a special 10% discount on all products sold online on muglerusa.com, for all products with a Circle price label.
3.2.2 Special advantages and sales offers
The Circle entitles Members to receive special advantages and sales offers such as invitations to private sales or events. MUGLER FRAGRANCES is not obligated to send all the special offers to every Member.
4 - PRIVACY
5 - ACCESSING, ENDING AND CHANGING THE MUGLER LOYALTY PROGRAM " THE CIRCLE" TERMS AND CONDITIONS
5.1. In the event of any changes to relevant laws affecting these Terms and Conditions, Mugler Fragrances will be entitled to apply said changes immediately and to create a new version of the Website and/or The Circle. These Terms and Conditions can be accessed and downloaded on www.muglerusa.com, but they are also available on mailing request at MUGLER Customer Care; PO Box 2007, Westfield NJ 07091, USA.
5.2. At any time, MUGLER FRAGRANCES reserves the right to cancel, substitute or modify all or any part of the Mugler Loyalty Program as well as the advantages and services offered within the scope of this program at any time in its sole discretion. MUGLER FRAGRANCES shall inform Members of these changes by any means it deems most appropriate (website posting, letter by mail, email, text, etc.).
5.3. MUGLER FRAGRANCES is entitled to end The Circle Program in whole or in part at any time. The purchase amounts registered by the Members will then be considered lost.
Notice of Financial Incentive
In connection with The Circle, we may offer financial incentives and/or price or service differences (“Incentives”) to Program members based on points earned as further described in these Terms and Conditions, in exchange for our use of your personal information.
To offer these Incentives, we must track the personal information you provide when you sign up or engage in activities to earn rewards, such as purchase history, date of birth, participation in Mugler events, and engagement with Mugler as described in these Terms (“Program Data”).
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF MUGLER, L’OREAL USA, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND THEIR PROMOTION AGENCIES (“RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MUGLER IMPROPERLY DENIES A MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
By participating in The Circle, each member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to that member’s participation in The Circle, use of points or rewards, or agreement to these program terms and conditions. Mugler is not responsible for requests or correspondence lost or delayed in the mail.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASED PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM OR MEMBERSHIP IN THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
YOU AND L’ORÉAL USA, INC. AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and L’Oréal USA, Inc. agree that any controversy, claim, action, or dispute between you and L’Oréal USA, Inc., its affiliated companies and their respective officers, directors, employee, agents or contractors arising from or relating to the Program (“Dispute”), will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
Informal Dispute Resolution. Prior to initiating any arbitration, you must first present any Dispute to L’Oréal USA, Inc. by contacting the Mugler Customer Support at our toll-free number 877-843-7968to allow for an opportunity to resolve the Dispute. You or we may initiate arbitration if your Dispute cannot be resolved within 60 days.
Both you and L’Oréal USA, Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Right to Bring Small Claims in Court. Instead of arbitration, either you or L’Oréal USA, Inc. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. L’Oréal USA, Inc. will reimburse those fees in an amount up to $10,000. L’Oréal USA, Inc. also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and L’Oréal USA, Inc. agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and L’Oréal USA, Inc. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the State of New York. The terms of the Arbitration Agreement provisions shall survive after your relationship with L’Oréal USA, Inc. and/or participation in The Circle ends. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.