124 Artisan World (also referred to as Artisan World) is a customer rewards program ("Program") managed and conducted by 124 Brands Pty Ltd (ACN XXX) ("124 Brands" "we" or “our”) for the benefit of its customers ("Customer" or "you"). Opting in to the Program is automatic upon:
a) the creation of a Client file by providing personal information to the 124 database ("member file") in one of our 124 store or 124shoes.com online store or 124 concession stores or 124 popup stores ("124 Store(s)"); or
b) ticking the membership opt in box at or via 124.com.au (“124shoes.com Online Store"), (each of the 124 Store(s) or 124shoes Online Store being a "Participating Store"); or
c) the creation of a Client file by providing personal information for the 124 database when making a purchase online or by subscribing to receive email communications from 124 or 124shoes.com.
PARTICIPATION AND MEMBERSHIP
Participation in the Program is only open to all individuals that have a mailable address. If you are under the age of 18 years, you must have parental/guardian approval to opt in to the Program, and further your parent/guardian must read and consent to these Terms and Conditions. These Terms and Conditions will be accepted by you and will be binding on you at the time of opting in. If you do not agree to be bound by these Terms and Conditions please do not participate in the Program.
CALCULATION OF Artisan World SPEND
Purchases at or via one of our Participating Stores are included as spending in the Artisan World Program ("Artisan World Spend"), provided you identify yourself or your Artisan World account details to store staff or log into your account for shopping online. Artisan World Spend excludes returns, refunds, delivery charges, the purchase of gift cards, and pre-paid bookings for services. Artisan World Spend includes GST.
Artisan World Spend is calculated in $AUD for purchases made in a 124 Store in Australia. Each jurisdiction is separate and distinct and are managed separately. By way of example:
124 Australian Online Store:
Artisan World Spend is calculated in $AUD for purchases made on the 124 Australian Online Store. Each jurisdiction is separate and distinct and are managed separately. By way of example:
Your Artisan World Spend will be calculated and accumulated over a rolling 12 month period and will be reviewed Quarterly at set "124 Artisan World Review Dates". These dates are nominated from time to time and currently occur. This includes purchases up to and including the 25th of every month. Your Artisan World Spend and level will then be updated on the 25th of every month. Purchases at one of our Participating Stores no later than 12 months prior to these dates will be considered as Artisan World Spend. These dates may be changed at any given time without notice. Program Spend will not be calculated more than once.
To ensure that your in-store purchases at a Participating Store are calculated as part of the Artisan World Program, you should ask a store host to retrieve your Client file by providing a Artisan World Program card, or other personal details, prior to completing your purchase, to enable your purchases to be added to your Artisan World Spend. If shopping online, log in to your Artisan World account via your browser prior to completing your purchase, with the email address you have used for any in-store purchases, to make sure your purchases are added to your Artisan World Spend.
Guest checkout purchases will not contribute to your Artisan World status and cannot be retroactively amended. If you would like your purchase recorded, please create an online account or sign in to your existing account.
Artisan World STATUS
As part of the Program, you will achieve Artisan World status by purchasing goods at one of our Participating Stores as follows:
Artisan World Base - by spending up to $3000 AUD in a rolling 12 month period, as calculated at a 124 Artisan World Review Date.
Artisan World Silver - by spending between AUD $3000 and AUD $5000 in a rolling 12 month period, as calculated at a 124 Artisan World Review Date; or
Artisan World Gold - by spending between $5001 AUD $1200 and AUD $8000 in a rolling 12 month period, as calculated at a 124 Artisan World Review Date.
Artisan World Platinum - by spending between $8000 and AUD $11000, as calculated at a 124 Artisan World Review Date.
Artisan World Invite Only - by spending $11001 plus, as calculated at a 124 shoes
Once you achieve a Artisan World Level, you will hold this Artisan World Level for a 12 month period commencing on the 124 Artisan World Review Date in which it was achieved, unless your Artisan World Spend during this 12 month period increases, in which case you may migrate up to another Artisan World Level.
The Customer’s Artisan World status will next be reviewed 12 months from the date upon which the Customer’s current Artisan World status was achieved (this is known as "Artisan World Anniversary Date"). If the Customer’s Artisan World Spend during the preceding year is not retained by the Artisan World Anniversary Date, the Customer’s Artisan World status will be adjusted down accordingly.
Any transactions that fall outside of the 124 Artisan World Review Dates will not be included in the Customer’s Artisan World Spend for that rolling 12 month period. Orders placed online 72 hours (or less) prior to the 124 Artisan World Review Date may be excluded due to processing times, it being noted that the order is counted as a Artisan World Spend on the date the parcel is shipped from 124’s warehouse to the Customer. If the 124 Artisan World Review Date falls on a weekend or public holiday, the ‘deemed’ 124 Artisan World Review Date will be the next business day in Victoria, Australia.
To the extent that a Artisan World Level has been achieved by you in connection with a breach of these Terms and Conditions or otherwise incorrectly allocated to you, including as a result of an error on the part of 124 Brands, we may adjust your Artisan World Level to the extent necessary to address the breach or error (as the context permits).When a Customer obtains a refund or reimbursement for goods purchased from 124 Brands, an adjustment is also made to the Artisan World account in the amount of the reimbursement granted.
TRANSFERS AND CLIENT FILES
Any transactions by another customer at one of our Participating Stores cannot be transferred to a different customer for someone else to obtain Artisan World Spend.
There can be only one customer for each Artisan World Client file. Transactions from multiple Customer files or shopping accounts cannot be joined into one Artisan World Spend amount. It is your responsibility to ensure that 124 Brands has only one Client file for you. If you suspect that you have more than one Client file, please Contact Us or call us on XXXXX.
Any Artisan World Spend amount cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Artisan World Spend amounts have no cash or monetary value and cannot be taken or redeemed as cash or equivalent
Any rewards, gifts, benefits or offers communicated as part of the Artisan World Program may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these Terms and Conditions carefully. Only Artisan World members who receive our communications are eligible to use and redeem any rewards, gifts, benefits or offers. All offers, gifts, benefits or rewards are not transferable and cannot be redeemed for cash or equivalent. Customers must present a Artisan World card in-store (or another form of acceptable identification), and any other form of redemption that may be required from time to time in order to redeem any such rewards, gifts, benefits or offers.
All Artisan World rewards, gifts, benefits or offers are subject to availability. 124 Brands is not liable for any rewards, gifts, benefits or offers not being available for any reason.
124 Artisan World MEMBERSHIP GIVEAWAYS
Each month 124 Brands is offering a surprise gift to 1 to 5 randomly selected 124 Artisan World members (“Artisan World Giveaway”). If you have opted-out of receiving our communications you will not eligible to participate in the 124 Artisan World Giveaway.
124 Artisan World members are not required to purchase any 124 Brands goods or services to be eligible to receive this surprise gift. The recipient of the surprise gift will be selected at random on or around the 28th day of each month by random selection (using a random selection tool or method chosen by 124 Brands from time to time).
The surprise gift will be mailed to the recipient’s residential address listed on the Customer’s Artisan World Client file within 10 days of the random selection of the recipient.
124 Brands reserves the right to change or withdraw the 124 Artisan World Giveaway and these terms at any time without notice.
CHANGE OF DETAILS
You should advise 124 Brands of any change of name, address, contact number or email address by Contacting Us or on XXXXX. 124 Brands is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of Artisan World communications and rewards, gifts or benefits or the loss or downgrade of a Artisan World status. Changes to your details can be made in-store or on the website at 124shoes.com.au. You must provide acceptable identification information to change your membership details.
SUSPENSION AND/OR TERMINATION
124 Brands may immediately suspend or terminate your participation in the Artisan World Program without further notice if you: (a) have breached these Terms and Conditions; (b) have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to 124 Brands, the Artisan World Program or your Customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of 124 Brands (e.g. shoplifting); (d) have supplied or are attempting to supply false or misleading information to 124 Brands; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any Artisan World awards, gifts, offers or benefits other than in accordance with these Terms and Conditions; (f) act in a hostile, abusive or aggressive manner towards any 124 Brands staff or any other Customer at a 124 Store; or (g) become bankrupt.
Where your right to participate in the Artisan World Program is suspended or terminated, any benefits, rewards and rights and Artisan World status you may have at that time under the Artisan World Program shall thereby suspend or terminate (as the case may be).
The Customer’s participation in the Artisan World Program may be terminated by either 124 Brands or the Customer by providing the other party with at least 30 days written notice.
WARRANTIES AND LIABILITY
All conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by custom, under the general law or by statute, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under, or pursuant to, the Artisan World Program ("Warranties"), are expressly excluded to the extent permitted by law.
Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the "Acts") where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the Customer pursuant to any of the Acts, 124 Brands’ sole liability for breach of any such condition, warranty or other obligation is limited to:
a) in the case of goods, supplying the goods or services again or payment of the cost of having the goods or services supplied again;
b) in the case of any claim relating to points, to crediting that number of points to the Customer's account; or
c) in the case of any claim relating to a reward, to crediting the number of points redeemable for that reward to your Artisan World Program account.
To the extent permitted by law, 124 Brands will not be liable to the Customer (or any person claiming under or through the Customer) or any third party for:
d) any personal injury or death to the Customer or any third person;
e) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;
f) the loss, theft or destruction of a Artisan World card or any other reward, gift, offer or benefit; or
g) any delay in replacing a reward, gift or benefit or unauthorised use of any reward, gift, benefit or Artisan World,
arising out of, relating to or connected to the provision or use of the Artisan World Program, any reward, gift, offer or benefit or any goods or services supplied by 124 Brands.
124 Brands shall not be liable to the Customer or third party for any delay or non-performance of its obligations under these Terms and Conditions arising from any cause beyond its control including, without limitation, act of God, governmental act, war, fire, flood, explosion or civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party provider, hosting or data centre providers or other suppliers or sub-contractors.
Employees of 124 Brands, and any customer of 124 Brands who is eligible for "corporate discounts" or "family discounts", are not eligible to participate in the Artisan World Program and are not eligible to use or redeem any corresponding offers, gifts, benefits or rewards.
124 Brands expressly reserves the right to change the Artisan World Program elements (including, but not limited to, the Artisan World Levels, expiry dates or the way in which Artisan World rewards, gifts, benefits or offers are earned and redeemed) or cease running 124 Artisan World at any time (without any liability to the Customer or any third party). 124 Brands will use reasonable endeavours to give advance notice to all Customers of any material changes in writing or by otherwise posting it on our website or other channels. If you do not agree to these changes, you may terminate your participation in the Artisan World Program by providing 124 Brands with at least 30 days’ written notice after the date you received written notice of the changes or the changes were posted on our website or other social media channels.
A notice or communication shall be deemed to be given by 124 Brands to you if it is sent to your postal or email address listed in your Client file or by otherwise posting it on our website or other social media channels.
Please visit our website 124shoes.com/Artisanworld-terms-and-conditions for the latest version of these Terms and Conditions.
You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Artisan World Program, your participation in the Artisan World Program, Artisan World rewards offered or any other transaction within, or arising out of, the Artisan World Program.
If any provision (or part of a provision) of these Terms and Conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
These Terms and Conditions, and your participation in the Artisan World Program, is governed by and will be construed in accordance with the laws of the State of Victoria, Australia irrespective of where the application for your Client file has been completed. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions, and your participation in the Artisan World Program, you submit to the non-exclusive jurisdiction of the Courts in the State of Victoria.