Terms and Conditions

Reinhold's Ecommerce Terms and Conditions

Please read these Terms and Conditions ("Terms and Conditions") carefully prior to making an online purchase from Reinco Inc. ("Reinhold," "we," "us" or "our") through our website, WWW.REINHOLDJEWELERS.COM (the "Site"). By purchasing items through the Site, you agree to be bound by these Terms and Conditions and our TERMS & CONDITIONS, which are incorporated by reference. If you do not agree to all of the terms and conditions set forth in these Terms and Conditions, do not purchase any items through the Site.

We reserve the right to change or modify these Terms and Conditions at any time and in our sole discretion. If we make changes to these Terms and Conditions, we will post the amended Terms and Conditions to the Site and update the "Last Updated" date above. We encourage you to review these Terms and Conditions prior to making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase.

Ordering

The moment you click "Place order" and the receipt is displayed on your screen, you are bound by your offer, however, please see "Returns, Exchanges & Refunds".

The receipt you receive is an automated acknowledgement that means we have received your submitted order. However, the acknowledgement does not mean that we have accepted your offer, and we reserve an explicit right to decline your order after you have received the automatic acknowledgement.

If we accept your order, you will receive an e-mail from us confirming that we have accepted your order (order confirmation). The contract between you and us will be effective from the time that the order confirmation is sent.

If you made an error when placing your order, please contact us at contact@reinholdjewelers.com and one of our employees will be happy to assist you. However, please always make sure to review your order before placing it. Before submitting, you have the possibility yourself to edit any information you have entered, such as the shipping or billing address or credit card information, or change or delete items in your shopping bag.

Product Image

The product images are intended as a guide only and should not be regarded as absolutely correct. All colors are approximations of actual colors, but it may vary in different computer screens, mobile devices or printers. Availability and Pricing All items offered for sale through the Site are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for an item..

The prices and offers displayed on the Website are valid at the time they occur, unless other specific terms are stated on the Website. Pricing errors, spelling errors and other errors or mistakes can occur. All prices are shown in U.S. dollars and applicable Taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice.

We will verify prices as part of our confirmation procedures. If the correct price is less than our stated price, the lesser amount will be charged to you. If the correct price is higher than the price stated on our Website, we will attempt to contact you. If we are unable to contact you, we will reject your offer and notify you by e-mail.

Sales and Use Tax

All prices on products, shipping charges and other services do not include sales and use taxes. You are responsible for any sales, use, duty, or other governmental taxes or fees ("Taxes") due with respect to your purchase of items through the Site. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout.

PURCHASER´S CERTIFICATION

If you are a resident of Canada, the Continental United States, Hawaii or U.S. territories (excluding Puerto Rico), by clicking “Complete Order” and accepting our Terms & Conditions you certify and declare under penalties of perjury that your order is for exclusive use and consumption outside of Puerto Rico. Therefore, your order shall be considered exempt of Puerto Rico Sales and Use Tax (“SUT”) according to the Section 4030.03(a) of the Puerto Rico Internal Revenue Code of 2011, as amended. Provided however that if you acquire taxable items, but use or consume them for non-exempt purposes in Puerto Rico, you will be responsible to report and pay the SUT directly to the Puerto Rico Department of the Treasury. The order will be sent to the shipping address stated in your order form, in a term no longer than 60 days from the date of your order confirmation.

Payments

By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment.

We accept the following payment methods:

MasterCard
VISA
American Express
Paypal

Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location. Product Inspection Please note that you bear the risk for the products you have ordered when the delivery is completed. If the packaging appears to be damaged, please do not accept the shipment. You have the responsibility of inspecting your products for any faults and, in the event, giving us notice of any complaints without prejudice to your statutory rights and remedies. In the case of defective products or inconformity with your order, you will have the choice of returning the defective product and we will refund you the total purchase price when our Customer Service Team has handled your return. You also have the right to keep the defective product and ask for a reduction of the price.

Returns, Exchanges and Refunds

We want you to be completely happy with the items you order from us. If for any reason you are not satisfied with an item you purchase through the Site, you may return such item (accompanied by your sales receipt) within 14 days of the date on which the item was delivered to you and elect to: (i) exchange the item for another item available for purchase through the Site, (ii) receive a refund in the amount you paid for the item, or (iii) receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site. If you return an item to us after such 14-day return period, but between 15 and 30 days of the date on which the item was delivered to you, you may still return the item and elect either to exchange the item for another item available for purchase through the Site or to receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site or Store.

Please ship your return to us at: 525 FD Roosevelt Avenue 24B, San Juan, 00918 and include the order receipt. Please note that you must pay return shipping charges and insurance. Please allow 2-3 weeks for the processing of your return.

Alternatively, you may return an item purchased through the Site to one of our Reinhold stores for an exchange, credit or refund pursuant to these Terms and Conditions. Please note that any item purchased in a Reinhold store may be returned only to the store at which such item was purchased and must be accompanied with your sales receipt.

Please note that all refunds will be issued to the original form of payment, except that cash purchases will be refunded by a company check from Reinhold. All items returned to us must be unaltered, unworn and in saleable condition. In addition, all returned items must include the original packaging in good condition. Please note that used items are not eligible for return unless such items are defective. Some exclusions may apply.

Errors

We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that the descriptions, pricing or other information on the Site is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged.

Please note that:

If the correct price of an item you purchase through the Site is lower than our stated price, we will charge you the lower amount when your order is shipped.
If the correct price of an item you purchase through the Site is higher than our stated price, we will, at our discretion, contact you for instructions before shipping. If we are unable to contact you after 15 days, we will cancel your order and notify you of such cancellation.

Disclaimers; Limitation of Liability

Your use of items purchased through the Site is at your sole risk. Such items are provided "as is" and "as available' without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You understand and agree that, to the fullest extent permitted by applicable law, Reinhold and its officers, directors, agents, partners and employees (individually and collectively, the "ReinholdParties") will not be liable to you under any theory of liability-whether based in contract, tort, negligence or otherwise-for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms and Conditions or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not Reinhold or another Reinhold Party has been advised or should have been aware of the possibility of any such losses.

You understand and agree that, to the fullest extent permitted by applicable law, the Reinhold Parties' total liability in connection with the items purchased through the Site and these Terms and Conditions will not exceed the amount you actually paid to Reinhold for such items purchased.

The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud or intentional misconduct of any Reinhold Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.

Dispute Resolution; Binding Arbitration

Instead of suing in court, you agree that any dispute relating to these terms and conditions, your purchase of an item through the site or items purchased from us will be submitted to confidential arbitration in Puerto Rico.

Any arbitration under these terms and conditions will be conducted under the prevailing rules of the american arbitration association. These rules are different from those found in a court because, among other reasons, there is no judge or jury, and review is limited.

An arbitrator can award the same damages and relief, however, and must honor the same limitations stated in these terms and conditions as a court would.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law.

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 will not affect any other customer.

You and Reinhold agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you 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.

Governing Law

These Terms and Conditions and your purchase of items through the Site will be governed by and construed in accordance with the laws of Puerto Rico, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in San Juan, Puerto Rico with respect to any dispute related to these Terms and Conditions or your purchase of an item through the Site that is not subject to arbitration under these Terms and Conditions.

Severability

If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

FASCHOU Terms and Conditions

FASCHOU is a loyalty program offered by Reinhold to its customers (also referred to herein as “the Program”). These terms and conditions constitute the agreement (the “Agreement”) between each customer that enrolls in FASCHOU (referred to herein as a “Member”) and Reinco, Inc. d/b/a Reinhold and its participating affiliates and subsidiaries (referred to herein as “Reinhold” or the “Company”) with respect to the Program. Reinhold reserves the right to change or otherwise modify the terms and conditions governing the Program without prior notice to a Member.

You may contact Reinhold at any time regarding the Program at 525 F.D. Roosevelt, Location 24B Plaza Las Américas, San Juan, Puerto Rico 00918, Tel 787-754-0528 and email (contact@reinholdjewelers.com). By participating in FASCHOU, a Member agrees to comply with the terms and conditions, rules, regulations, policies, and procedures that apply to the Program at any given time and which may be accessed and reviewed by a Member at http://www.reinholdjewelers.com/. Communications about FASCHOU, including any changes to the Program, will be posted in this site.

By enrolling in the Program a Member is acknowledging and agreeing that such Member has read and understands the terms and conditions governing the Program, and that he or she will be solely responsible for making sure that such Member becomes familiarized with any changes to the Program terms and conditions. In the event a Member does not agree with any changes or modifications introduced by Reinhold to the Program, such Member’s only recourse will be to cease participating in the Program. Reinhold reserves the right to disqualify Members who have violated any of the Program terms and conditions.

FASCHOU is open to U.S. and Puerto Rico residents 18 years of age and older (except that Puerto Rico residents under 21 years of age can only participate in FASCHOU if both parents provide their consent). Program membership is only available to individuals that do not work for the Company. Except for certain organizations that have been authorized by the Company to participate in the Program, enrollment in the Program will not be available to corporations, businesses, charities, partnerships, enterprises, or any other entity, unless written approval is received in advance from Reinhold, in its sole discretion. Members are solely responsible and liable for the payment of applicable taxes, if any, or any other tax consequences which may result from a Member’s enrollment and participation in the Program.

Enrollment in the Program is free and no initial purchase is required. Persons interested in enrolling must enroll at the Cash Register with a Sales Associate or, alternatively, complete the form online and accept the Program terms and conditions at www.reinholdjewelers.com. The Company reserves the right to refuse enrollment to any customer who does not provide email address or not follow and agree to the Program enrollment procedures. A Member should promptly notify Reinhold of any changes to his or her personal enrollment information such as name, address, telephone numbers, and email address either by visiting http://www.reinholdjewelers.com online or by calling a customer service representative at 787-754-0528. Reinhold reserves the right to cancel any FASCHOU Card it has issued with respect to which Reinhold has incomplete, inaccurate, false or fictitious information and, in such event, any and all FASCHOU points earned for such account will automatically be forfeited. Only one account will be assigned and may be maintained by a Member.

The FASCHOU Card enables a Member to access sales and promotional pricing, earn FASCHOU points on certain purchases (“FASCHOU Points”) and redeem FASCHOU Points on certain future purchases at participating Reinhold stores. From time to time, special program offers will be announced that will not be available at all Reinhold store locations. A Member must present a valid identification card to the cashier at a Participating Store before the purchase transaction is completed in order to earn and/or redeem FASCHOU Points.

FASCHOU Points have no fixed monetary or other value, may not be redeemed for cash or other property, and are not transferable to any individual or entity, whether by death or through any other means. Any fraudulent or unauthorized use of the FASCHOU Card is strictly prohibited, and may result in a Member’s immediate disenrollment from the Program. The FASCHOU Card is not a credit card. The FASCHOU Card and the FASCHOU Points are the property of Reinhold and may be terminated or revoked at any time by Reinhold at its sole discretion. Any unauthorized reproduction of the FASCHOU Card may lead to legal prosecution and forfeiture of enrollment in the Program and all FASCHOU Points earned.

Earning Points:

Subject to this Agreement, Members will generally earn 2 points per $1 spent on qualifying purchases at Reinhold participating stores located in San Juan and Ponce. Reinhold reserves the right, at any time and in its sole discretion without notice, to add or delete items such as, without limitation, those subject to special discounts, from being eligible to accumulate FASCHOU Points. All FASCHOU Points will be credited to the Member’s account on a monthly basis, after a qualifying purchase. A member will need to provide his FASCHOU Card or account information and a valid identification card at a participating store in order to be awarded FASCHOU Points on a purchase. FASCHOU Points will not be awarded if in the Company’s opinion the merchandise has been purchased for resale or commercial use, and any FASCHOU Points awarded with respect to such purchases will automatically be forfeited. The Company reserves the right to limit Points awarded. In the case of a return and/or exchange by a Member of a product in a qualifying purchase, the FASCHOU Points previously awarded to such Member’s account will be immediately deducted from such account. FASCHOU Points can only be earned by a single Member per transaction.

In addition to earning points in the manner described above, Members may, from time to time, be offered special promotions at Reinhold participating stores which may accumulate FASCHOU Points with the purchase of qualifying store items during the period during which the promotion runs (“Point Promotions”). Point Promotions or other bonus offers may also be extended to particular Members on special occasions such as at the time of enrollment in the Program, on a Member’s birthday, anniversary or other special occasion. The amount of FASCHOU Points that may be earned will be specified in each such Point Promotion or bonus offer. This amount may vary from one Point Promotion and bonus offer to another, in the Company’s sole discretion. Point Promotions and bonus offers will not apply to rain check items purchased after the promotion has ended. FASCHOU Points will not be awarded with respect to transactions where either Redemption Dollars (as described below) or Store Credit is used to purchase an item or service.

Redeeming Points:

When purchasing items not included in a Point Promotion at a Reinhold participating store, a Member will be able to redeem and use earned FASCHOU Points for purchases of qualifying store items. In order for a Member to redeem and use earned FASCHOU points towards a qualifying store purchase a Member must have earned a minimum of 5,000 FASCHOU points. FASCHOU Points will be converted into Redemption Dollars and the value of the Redemption Dollars will be deducted from the total price of the Member’s purchase of qualifying items from a participating store. To this end, 5,000 FASCHOU Points will be equal to $50. At the time a Member has earned the required minimum of 5,000 FASCHOU Points, Reinhold will proceed to issue and deliver to such Member a $50 Redemption Dollar card which a Member may then either use towards a qualifying store purchase or transfer to friend or other person for their use in a qualifying store purchase. At occasions, Reinhold reserves the right to redeem points at the store, instead of delivering the $50 Redemption Dollar card.

All Redemption Dollars will only be valid and can be used on or before the date of expiration indicated in each Redemption Dollar card or via email notification. Expired Redemption Dollar will be void and null, will not be re-issued and all Redemption Dollars represented by the same will be automatically forfeited by a Member or other holder of an expired Redemption Dollar. Redemption Dollars will not be paid out in cash or Store Credit. Redemption Dollars may not be redeemed or otherwise used for the purchase or payment of any of the following: shipping charges, gift packaging, parking charges, merchandise repairs, alterations or sales tax. Purchases in TOUS boutiques are excluded from the Redemption Dollar Card. The Company may, at any time and without notice, change, eliminate, or terminate the FASCHOU Point earning and redemption procedures and offerings. Upon redemption of FASCHOU Points, the FASCHOU Points will immediately be deducted from a Member’s account. When returning items paid with Redemption Dollars, the Redemption Dollars will be refunded to a Member in the form of store credit only. The sale or barter of FASCHOU Points, or any other award or benefit (other than by the Company) is expressly prohibited. Any FASCHOU Points, award, or benefit transferred, assigned, or sold in violation of the terms and conditions will be confiscated and membership in the Program may be terminated by the Company in its entire discretion.

Should any Member fail to accumulate or redeem FASCHOU Points for 12 consecutive calendar months, the membership in FASCHOU will automatically and without notice or further action on the part of the Company, be deemed to be inactivated and all accumulated FASCHOU Points will automatically be forfeited. In such event, membership in the FASCHOU will be re-activated only when a person makes another purchase at a participating store. At that time, membership in the Program will be re-activated and a Member will start to accumulate FASCHOU Points once again beginning with such purchase.

Reinhold reserves the right to terminate the Program at any time. In such event, Members will be notified of such Program termination and its effective date via email or regular mail at the latest email or regular address a Member has provided to the Company. The Company will not be liable to any Member if such notice of Program termination is not received by a Member for any reason whatsoever including, without limitation, the Member’s failure to notify a change in the Member’s email or other address, failure by a Member to access his email account or to otherwise receive and open his or her correspondence, an error in the Member’s email account, server, computer or other technology error.

Any waiver by any the Company of any breach of the terms and conditions of the Agreement by a Member shall not be deemed to be a continuing waiver of such breach or a waiver of any other breach or of any of the terms and conditions of the Agreement.

The Agreement shall be governed by the laws of the Commonwealth of Puerto Rico, without giving effect to principles of conflict of laws. The parties hereby consent to the exclusive jurisdiction and venue of the Court of First Instance of the General Courts of Justice of the Commonwealth of Puerto Rico, San Juan Region to resolve all disputes arising under this Agreement.

IN NO EVENT SHALL REINHOLD AND THE COMPANY BE LIABLE TO A MEMBER UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR THE LIKE, EACH OF WHICH IS HEREBY EXCLUDED REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOHO Terms and Conditions

SOHO is a loyalty program offered by Reinhold to David Yurman Store in Puerto Rico only and to its customers (also referred to herein as “the Program”). These terms and conditions constitute the agreement (the “Agreement”) between each customer that enrolls in SOHO (referred to herein as a “Member”) and Reinco, Inc. d/b/a David Yurman Store and its participating affiliates and subsidiaries (referred to herein as “David Yurman Store” or the “Company”) with respect to the Program. Reinco, Inc. reserves the right to change or otherwise modify the terms and conditions governing the Program without prior notice to a Member.

You may contact our David Yurman Store at any time regarding the Program at 525 F.D. Roosevelt, Location 24A Plaza Las Américas, San Juan, Puerto Rico 00918, Tel. 787-999-5026 and email (contact@reinholdjewelers.com). By participating in SOHO, a Member agrees to comply with the terms and conditions, rules, regulations, policies, and procedures that apply to the Program at any given time and which may be accessed and reviewed by a Member at http://www.reinholdjewelers.com. Communications about SOHO, including any changes to the Program, will be posted in this site.

By enrolling in the Program a Member is acknowledging and agreeing that such Member has read and understands the terms and conditions governing the Program, and that he or she will be solely responsible for making sure that such Member becomes familiarized with any changes to the Program terms and conditions. In the event a Member does not agree with any changes or modifications introduced by David Yurman Store to the Program, such Member’s only recourse will be to cease participating in the Program. David Yurman Store reserves the right to disqualify Members who have violated any of the Program terms and conditions.

SOHO is open to U.S. and Puerto Rico residents 18 years of age and older (except that Puerto Rico residents under 21 years of age can only participate in SOHO if both parents provide their consent). Program membership is only available to individuals that do not work for the Company. Except for certain organizations that have been authorized by the Company to participate in the Program, enrollment in the Program will not be available to corporations, businesses, charities, partnerships, enterprises, or any other entity, unless written approval is received in advance from David Yurman Store, in its sole discretion. Members are solely responsible and liable for the payment of applicable taxes, if any, or any other tax consequences which may result from a Member’s enrollment and participation in the Program.

Enrollment in the Program is free and no initial purchase is required. Persons interested in enrolling must enroll at the Cash Register with a Sales Associate or, alternatively, complete the form online and accept the Program terms and conditions at www.reinholdjewelers.com. The Company reserves the right to refuse enrollment to any customer who does not provide email address or not follow and agree to the Program enrollment procedures. A Member should promptly notify David Yurman Store of any changes to his or her personal enrollment information such as name, address, telephone numbers, and email address either by visiting http://www.reinholdjewelers.com online or by calling a customer service representative at 787-999-5026. The Company reserves the right to cancel any SOHO Card it has issued with respect to which David Yurman Store has incomplete, inaccurate, false or fictitious information and, in such event, any and all SOHO points earned for such account will automatically be forfeited. Only one account will be assigned and may be maintained by a Member.

The SOHO Card enables a Member to access sales and promotional pricing, earn SOHO points on certain purchases (“SOHO Points”) and redeem SOHO Points on certain future purchases at participating David Yurman Store in Puerto Rico only. From time to time, special program offers will be announced that will not be available at David Yurman Store location. A Member must present a valid identification card to the cashier at a Participating Store before the purchase transaction is completed in order to earn and/or redeem SOHO Points.

SOHO Points have no fixed monetary or other value, may not be redeemed for cash or other property, and are not transferable to any individual or entity, whether by death or through any other means. Any fraudulent or unauthorized use of the SOHO Card is strictly prohibited, and may result in a Member’s immediate disenrollment from the Program. The SOHO Card is not a credit card. The SOHO Card and the SOHO Points are the property of David Yurman Store and may be terminated or revoked at any time by David Yurman Store at its sole discretion. Any unauthorized reproduction of the SOHO Card may lead to legal prosecution and forfeiture of enrollment in the Program and all SOHO Points earned.

Earning Points:

Subject to this Agreement, Members will generally earn 2 points per $1 spent on qualifying purchases at David Yurman Store located in Plaza Las Américas, San Juan. David Yurman Store reserves the right, at any time and in its sole discretion without notice, to add or delete items such as, without limitation, those subject to special discounts, from being eligible to accumulate SOHO Points. All SOHO Points will be credited to the Member’s account on a monthly basis, after a qualifying purchase. A member will need to provide his SOHO Card or account information and a valid identification card at a participating store in order to be awarded SOHO Points on a purchase. SOHO Points will not be awarded if in the Company’s opinion the merchandise has been purchased for resale or commercial use, and any SOHO Points awarded with respect to such purchases will automatically be forfeited. The Company reserves the right to limit Points awarded. In the case of a return and/or exchange by a Member of a product in a qualifying purchase, the SOHO Points previously awarded to such Member’s account will be immediately deducted from such account. SOHO Points can only be earned by a single Member per transaction.

In addition to earning points in the manner described above, Members may, from time to time, be offered special promotions at David Yurman Store, which may accumulate SOHO Points with the purchase of qualifying store items during the period during which the promotion runs (“Point Promotions”). Point Promotions or other bonus offers may also be extended to particular Members on special occasions such as at the time of enrollment in the Program, on a Member’s birthday, anniversary or other special occasion. The amount of SOHO Points that may be earned will be specified in each such Point Promotion or bonus offer. This amount may vary from one Point Promotion and bonus offer to another, in the Company’s sole discretion. Point Promotions and bonus offers will not apply to rain check items purchased after the promotion has ended. SOHO Points will not be awarded with respect to transactions where either Redemption Dollars (as described below) or Store Credit is used to purchase an item or service.

Redeeming Points:

When purchasing items not included in a Point Promotion at a David Yurman Store participating store, a Member will be able to redeem and use earned SOHO Points for purchases of qualifying store items. In order for a Member to redeem and use earned SOHO points towards a qualifying store purchase a Member must have earned a minimum of 5,000 SOHO points. SOHO Points will be converted into Redemption Dollars and the value of the Redemption Dollars will be deducted from the total price of the Member’s purchase of qualifying items from a participating store. To this end, 5,000 SOHO Points will be equal to $50. At the time a Member has earned the required minimum of 5,000 SOHO Points, David Yurman Store will proceed to issue and deliver to such Member a $50 Redemption Dollar card which a Member may then either use towards a qualifying store purchase or transfer to friend or other person for their use in a qualifying store purchase. At occasions, David Yurman Store reserves the right to redeem points at the store, instead of delivering the $50 Redemption Dollar card.

All Redemption Dollars will only be valid and can be used on or before the date of expiration indicated in each Redemption Dollar card or via email notification. Expired Redemption Dollar will be void and null, will not be re-issued and all Redemption Dollars represented by the same will be automatically forfeited by a Member or other holder of an expired Redemption Dollar. Redemption Dollars will not be paid out in cash or Store Credit. Redemption Dollars may not be redeemed or otherwise used for the purchase or payment of any of the following: shipping charges, gift packaging, parking charges, merchandise repairs, alterations or sales tax. Purchases in TOUS boutiques are excluded from the Redemption Dollar Card. The Company may, at any time and without notice, change, eliminate, or terminate the SOHO Point earning and redemption procedures and offerings. Upon redemption of SOHO Points, the SOHO Points will immediately be deducted from a Member’s account. When returning items paid with Redemption Dollars, the Redemption Dollars will be refunded to a Member in the form of store credit only. The sale or barter of SOHO Points, or any other award or benefit (other than by the Company) is expressly prohibited. Any SOHO Points, award, or benefit transferred, assigned, or sold in violation of the terms and conditions will be confiscated and membership in the Program may be terminated by the Company in its entire discretion.

Should any Member fail to accumulate or redeem SOHO Points for 12 consecutive calendar months, the membership in SOHO will automatically and without notice or further action on the part of the Company, be deemed to be inactivated and all accumulated SOHO Points will automatically be forfeited. In such event, membership in the SOHO will be re-activated only when a person makes another purchase at a participating store. At that time, membership in the Program will be re-activated and a Member will start to accumulate SOHO Points once again beginning with such purchase.

The Company reserves the right to terminate the Program at any time. In such event, Members will be notified of such Program termination and its effective date via email or regular mail at the latest email or regular address a Member has provided to the Company. The Company will not be liable to any Member if such notice of Program termination is not received by a Member for any reason whatsoever including, without limitation, the Member’s failure to notify a change in the Member’s email or other address, failure by a Member to access his email account or to otherwise receive and open his or her correspondence, an error in the Member’s email account, server, computer or other technology error.

Any waiver by any the Company of any breach of the terms and conditions of the Agreement by a Member shall not be deemed to be a continuing waiver of such breach or a waiver of any other breach or of any of the terms and conditions of the Agreement.

The Agreement shall be governed by the laws of the Commonwealth of Puerto Rico, without giving effect to principles of conflict of laws. The parties hereby consent to the exclusive jurisdiction and venue of the Court of First Instance of the General Courts of Justice of the Commonwealth of Puerto Rico, San Juan Region to resolve all disputes arising under this Agreement.

IN NO EVENT SHALL DAVID YURMAN STORE AND THE COMPANY BE LIABLE TO A MEMBER UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR THE LIKE, EACH OF WHICH IS HEREBY EXCLUDED REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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