Terms & Conditions of the Henri Bendel A-List Credit Card Rewards Program
Please read the following terms carefully. They contain important information about your rights and obligations in the Henri Bendel A-List Rewards Program.
Dollars (defined below) accrued under this program expire 12 months from the date they are earned. Before their expiration, Dollars are redeemable for A-List Rewards (defined below). See section 5 below for information regarding A-List Rewards redemption. A-List Rewards are issued for award purposes and expire 90 days from the date they are issued. You will not be charged fees in connection with the A-List Reward. See your credit card account agreement for any fees that you may incur for using your Henri Bendel A-List Credit Card.
This rewards program is provided by Henri Bendel which is solely responsible for the terms of the program. Subject to notice requirements, Henri Bendel may change the terms of the program at any time.
1. General Information; Definitions; Changes:
The Henri Bendel A-List Rewards Program (the "Program") allows you to earn Reward Dollars ("Dollars") on the dollars you spend as described in Section 3 below, using your Henri Bendel A-List Account (your "Account"). Dollars may be earned by you and anyone you authorize to use the Account. Dollars are redeemable for Henri Bendel A-List Reward Certificates ("A-List Rewards") as specified in Section 3 below.
These Program Terms are separate and independent from your Henri Bendel A-List Credit Card Account Agreement (your "Agreement"), which governs the use of your Henri Bendel A-List Credit Card (your "Card"). In the event of any conflict between these Program Terms and your Agreement, these Terms will control in any matter relating to the Program.
In these Program Terms, "Cardholder", "Participant", "you" and "your" mean the Credit Card Account holder. "Bank" shall mean Comenity Bank or its assignees. "We," "our," "ours," and "us" mean Henri Bendel or its affiliates or assignees. Other capitalized words not specifically defined have the same meaning as in your Credit Card Account Agreement. The Program is not available to the extent it is prohibited by federal, state, or local law. These Program Terms contain the entire understanding between you and us regarding the Program. HENRI BENDEL MAY CHANGE THE REWARD PROGRAM AND THESE REWARD PROGRAM TERMS AT ANY TIME AND FOR ANY REASON, INCLUDING WITHOUT LIMITATION, A CHANGE IN ACCORDANCE WITH APPLICABLE LAW (WHICH INCLUDES ANY APPLICABLE NOTICE REQUIREMENTS).
All Program rules apply to A-List Rewards Program membership, Dollar offers, Dollar accrual, Dollar redemption, rewards and benefits. Offers are void where prohibited by law. Offers are subject to change without notice. Other restrictions apply. Participation as an A-List Rewards Member is subject to any terms and conditions, rules, policies and procedures that Henri Bendel may at its discretion change at any time. The Program is provided by Henri Bendel, and Henri Bendel reserves the right to terminate the program or change the program terms, benefits, conditions of participation or Dollar levels, in whole or in part, at any time.
You are automatically enrolled in the A-List Rewards Program by having an activated A-List Credit Card in good standing. To remain eligible to accumulate Dollars under the Program, your Account must be in Good Standing. "Good Standing" means your Account (1) is open to new charges, (2) not more than 60 days past due under the Agreement, and (3) not flagged as lost, stolen, or fraudulent according to Bank's written or electronic records. A-List Rewards Membership will be renewed automatically each year as long as your Account is in Good Standing and we continue to offer the Program, unless you notify us of cancellation. Notwithstanding anything to the contrary in these Program Terms, Henri Bendelreserves the right to approve, deny or revoke Participation in the Program to any individual for any reason whatsoever. "Participation" includes Dollars earning, Rewards earning and redemption, and any other benefits associated with the A-List Rewards Program.
3. Earning Dollars:
You will earn Dollars for Net New Purchases on your Account so long as your Account is in Good Standing. You will earn 1 Dollar for each $1.00 of Net New Purchases.
All transactional Dollar earning will be based on Net New Purchases. "Net New Purchases" are any purchases of goods and/or services made by you or any Authorized User of the Account minus applicable taxes, returns, refunds or credit adjustments, and minus shipping and handling charges, with the total amount rounded to the nearest dollar. Dollars awarded for purchases that are returned or refunded or otherwise adjusted will be deducted from your Dollars balance. Such deductions may result in a negative Dollars balance, in which case, any Dollars you earn will be applied to reduce that balance and you will not be able to redeem Dollars until you again have a positive balance.
You will earn 1 Dollar for each $1 of Net New Purchases on your A-List Card (outside of bonus Dollar events). You will receive a $25 A-List Reward for every 500 Dollars earned. A-List Rewards will be mailed to you within 3-6 weeks of being earned. Any returns made will be reflected in your Dollars balance (including a negative Dollars balance if your return amount is greater than your current Dollars balance), even if you have already earned/redeemed an A-List Reward. Your Henri Bendel A-List Credit Card cannot be used on purchases at Bath & Body Works or Victoria's Secret. Purchases made at Bath & Body Works or Victoria's Secret do not earn Dollars, nor can A-List Rewards be redeemed at Bath & Body Works or Victoria's Secret. We reserve the right to verify and adjust Dollars at any time prior to or following posting or redemption. There is no maximum number of Dollars that may be earned per billing cycle or year.
Dollars are not earned on: unauthorized or fraudulent charges, purchases made by or for a business or for a business purpose, or interest or fees.
We may from time to time make special offers for you to earn additional Dollars on specific purchases. The terms and conditions for such special offers (such as which purchases qualify and the number of additional Dollars you may earn) will be disclosed at the time of offer. Please check those terms and conditions carefully, as there may be important conditions or limitations (such as blackout periods, Dollar limitations or exclusions). For e-mail only benefit offer(s), you must provide and maintain a valid e-mail address to receive offer(s). Availability of any special offer is subject to change without notice. Separate bonus Dollar promotions cannot be combined at any time. Bonus Dollars will be awarded for every dollar of Net New Purchases. Benefits and rewards associated with the A-List Card may vary by location. Not valid on previous purchases. Bonus Dollars may take up to 6 weeks to be posted to your account.
4. Double Dollars on Handbags:
You will earn double dollars for all handbag purchases on your Account, including clearance and discounted handbags. Double dollars will be awarded for every dollar of Net New Purchases on handbags. All other non-handbag items purchased within the same transaction will earn the dollars otherwise noted in Section 3 and not the double dollars. Separate bonus dollar promotions cannot be combined at any time to earn more than the double dollars on a handbag purchase. The double dollars for handbag purchases shall commence with handbag purchases made on or after August 8, 2017. Any handbag purchases made prior to August 8, 2017 are not eligible for double dollars.
5. Expiration of Reward Dollars:
Dollars not redeemed will be carried over to the following statement period. Dollars expire 12 months from the date they are earned or if your account is inactive (no purchases made) for 12 consecutive months. Once Dollars expire, they may not be redeemed. You will also forfeit your unused and unexpired Dollars if you attempt to violate the prohibitions on the transfer of Dollars, selling or attempting to sell Dollars, if you file for bankruptcy, or if the Bank or you close your Account for any reason. You will not be entitled to and will not receive any compensation from us or from the Bank for your Dollars that expire or are forfeited.
6. Redeeming A-List Rewards:
Your Account must be in good standing at the time your A-List Reward is redeemed. A-List Rewards used in stores must be surrendered at time of purchase. A-List Rewards redeemed by phone or online are one-time use only. You can redeem multiple A-List Rewards on a single transaction in stores or by phone and may be able to add up to three A-List Rewards per transaction online as long as the offer codes are different. The value of the purchase must be equal to or greater than the value of the A-List Reward. A-List Rewards cannot be credited to an account, redeemed for cash, applied to a previous purchase or used for purchasing gift cards or e-gift cards, whether in stores, by phone or online. The value of A-List Rewards will not be refunded on a merchandise return in stores, or on a return, exchange or cancellation online. A-List Rewards expire 90 days from the date they are issued. Please see expiration date printed on your A-List Reward. Lost or stolen A-List Rewards are not replaceable. Selling A-List Rewards is prohibited. Henri Bendel reserves the right to revoke Participation in the Program of any persons caught selling or attempting to sell an A-List Reward, and all unused and unexpired Dollars will be forfeited.
We and the Bank may communicate with you regarding any matter related to the Program by mail, telephone, or electronic communication. You may update your contact information by signing in to your account here. Neither We nor the Bank are responsible for communications, including A-List Rewards, lost due to change of address or other contact information. Even if you opt-out of marketing materials from Henri Bendel, if your A-List Rewards Membership is still active, you will continue to receive relationship/operational emails related to A-List Rewards unless your Account is cancelled.
8. Program Activity and Customer Service:
You can view your Program activity online at https://comenity.net/henribendel or on your monthly billing statement, which will show the number of Dollars needed for your next A-List Reward and any redemption activity. For any questions regarding the Program, you can also call 1-800-888-3614.
9. Dollars Disputes:
Your billing rights and the special rights that apply when you are dissatisfied with your credit card purchases, which rights are set forth in your Agreement, do not apply to the Program. If you believe that a purchase made on your Account should have resulted in the addition of Dollars to your accumulated Dollars balance, and such Dollars are not reflected in the accumulated Dollars balance within forty-five (45) days of the date on which the purchase posted to your Account ("Dollars Dispute"), notify the Bank immediately. The Bank will use reasonable efforts to investigate your Dollars Dispute so long as you notify them of such dispute within ninety (90) days of the posting date of such purchase. If you do not notify the Bank within such ninety (90)-day period, you will have waived your right to make a Dollars Dispute with respect to that purchase. In order for the Bank to undertake an investigation of your Dollars Dispute, they may require you to provide written confirmation of the dispute. If the Bank does not receive the requested written confirmation at the address and within the time requested, they may in their sole discretion determine not to investigate your Dollars Dispute. Upon completion of the Bank's investigation of your Dollars Dispute, they will have no further responsibilities should you later reassert the same Dollars Dispute.
10. Limited Liability:
We may waive any obligation you have under these Program Terms without losing our right at a later time to enforce that same obligation. We will not lose any of our rights under these Program Terms if we delay taking action for any reason. If we take any other action, we will not lose any rights under these Program Terms.
Unless otherwise required by law or our agreements with you, neither the Bank nor Henri Bendel, nor any of their respective affiliates, officers, directors, employees, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or temporary suspension of the Program; (b) any claim relating to any products or services purchased using any Dollars obtained through the Program; (c) any claim relating to any Other Program Benefit received; (d) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; (e) any content, products or service appearing on a website to which a link is provided from the Program Website; or (f) any taxes that you incur as a result of receiving or redeeming Dollars or receiving Other Program Benefits. Notwithstanding the foregoing, any liability that we or the Bank may have to you in connection with the Program shall be limited to the amount of any Dollars you have earned in accordance with these Program Terms.
11. No Warranties:
The Bank does not: (a) endorse A-List Rewards or products purchased at Henri Bendel; (b) make any express or implied warranty regarding A-List Rewards or products purchased at Henri Bendel; (c) guarantee the performance of A-List Rewards or products purchased at Henri Bendel; or (d) operate or control A-List Rewards offered through this Program. We do not (a) make any express or implied warranty regarding Angel Rewards or products purchased at Victoria's Secret; or (b) guarantee the performance of Angel Rewards or products purchased from us.
12. Changes to the Program:
Subject to any notice requirements and other limitations imposed by applicable law, Henri Bendel may, at any time: (a) change, limit, or terminate any aspect of the Program or these Program Terms, including the types of Rewards available and the cost of Rewards; (b) terminate the Program in its entirety; (c) amend these Program Terms in whole or in part, including adding provisions covering subjects not previously addressed; (d) discontinue or replace any Rewards with similar Rewards or Rewards of lesser, equal or greater value; (e) add or increase fees charged in connection with the Program; or (f) terminate your participation in the Program for any reason. Changes may apply retroactively and may affect outstanding transactions and Dollars, and may include, without limitation, the earnings rate for Dollars, the number of Dollars required to obtain Rewards, the type of transactions qualifying for Dollars, the type or value of Rewards, the expiration date of Dollars, and the maximum number of Dollars that may be earned per billing cycle or year. Any of the foregoing actions may be taken even if such actions affect the value of Dollars already earned. If the Program is terminated or a Membership is terminated, Henri Bendel may also terminate any unused Dollars or Rewards that remain at the time of termination. Subject to any notice requirements, the Bank may at any time change, limit or terminate any aspect of the Program to comply with applicable law.
13. Lost, Stolen or Damaged Cards:
You will not lose your unused Dollars if your Card is lost, stolen or damaged and the Bank provides a replacement Card, even if such replacement Card has a different account number. However, if your Card is reported as lost, stolen, or damaged you will not earn Dollars until the Bank provides a replacement Card.
15. Not Transferable:
Dollars are not your property and are not transferable to anyone by operation of law or otherwise. Dollars may not be transferred between accounts issued by us, may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering Dollars, either wholly or partially, shall be liable for payment of the applicable full retail price of any Rewards obtained with them, as well as all damages, including, but not limited to consequential damages, transaction costs, and litigation costs (including attorney's fees and costs at trial and on appeal and in any bankruptcy proceeding). Any brokered, bartered, altered, sold, or purchased Dollars shall likewise be void and may be deducted from your Dollars balance. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Dollars.
You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Dollars. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
If a court of competent jurisdiction or any government agency determines that any provision of these Program Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Program Terms. However, all other provisions will remain in full force and effect.
18. Governing Law:
The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of New York, without any reference to its choice of law provisions. Any claims must be raised and resolved through arbitration as specified in the Binding Arbitration section and any challenges to the arbitration, the applicability of arbitration or enforcement of the results must be in a federal or state court located in New York, New York, United States.
19. Limited Time to File Claims:
To the fullest extent permitted by applicable law, if you want to assert a dispute against Henri Bendel or the Bank, then you must commence it within one (1) year after the dispute arises, or it will be forever barred. "Commencing" means filing for arbitration with the AAA as set forth in the Arbitration section.
20. Binding Arbitration:
ANY DISPUTE THAT CANNOT FIRST BE RESOLVED THROUGH INFORMAL METHODS WILL BE SUBMITTED TO BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) then in effect (the "Rules"), except as modified herein. The arbitration will be administered by the AAA. Claims or disputes that fall within the scope of the small claims court's limited jurisdiction may, however, be submitted to such court. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. If an in-person arbitration hearing is required, then it will be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by an independent arbitrator. You and Henri Bendel will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if the applicable arbitration rules or laws require Henri Bendel to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable, then Henri Bendel will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms, and will determine any dispute according to applicable law and facts based upon the record and no other basis. After the hearing, the arbitrator(s) will decide the dispute and render a written decision setting forth the issues adjudicated, the resolution thereof and the reasons for the award. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in the federal or state courts located in New York, New York, United States. The Federal Arbitration Act ("FAA") will apply to the dispute and will govern whether the dispute is subject to arbitration, including the No Class Action Matters section below. You can obtain AAA procedures, rules and fee information as follows: AAA: 800.778.7879, http://www.ADR.org.
21. No Class Action Matters:
Disputes hereunder will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. THIS MEANS YOU AND HENRI BENDEL AGREE THAT EACH MAY BRING CLAIMS REGARDING SUCH DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. There will be no right or authority for any dispute to be arbitrated on a class-action basis or on any basis involving disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction regarding arbitration on a class-action basis is unconscionable or unenforceable, then the dispute must be brought exclusively in a State or Federal court located in New York, New York as set forth above. Notwithstanding any other provision of these Terms, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this "No Class Action Matters" section), are to be decided only by a federal or state court located in New York, New York, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
We can delay enforcing our rights under these Program Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.
23. Prior Terms:
These Terms supersede all previously published Terms in their entirety as of the effective date noted below.
Effective: August 8, 2017