Effective Date: 1 June 2023
LM Waves de La Mer
TERMS AND CONDITIONS OF PARTICIPATION
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE WAVES DE LA MER LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN
1. Membership Eligibility and Overview
1.1 The Waves de La Mer Loyalty Program ("Program") is offered at the sole discretion of La Mer Hong Kong operated by Estee Lauder (Hong Kong) Limited and Estee Lauder (Macau) Limited ("La Mer," "we," "our" or "us"). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are at least 18 years old and who provide and maintain a valid email address are eligible to become members. Employees of the Estée Lauder companies and employees and individuals employed by our business partners or vendors who are interested to join this Program for personal use will not be eligible for certain Program benefits.
1.3 The Waves de La Mer Program is only available in La Mer Hong Kong owned and operated stores (collectively "Concept Stores", and each a "Concept Store") and counters in Hong Kong and Macau (*excluding at Sephora, Duty Free and airport locations) (collectively "Counters", and each a "Counter") and on www.lamer.com.hk (“Online”) within Hong Kong or Macau.
2. Program Enrollment
2.1 Eligible individuals may enroll in the Program through one of the following options:
2.1.1 Visit www.lamer.com.hk and follow the Program prompts to register for the Program.
2.1.2 Visit any Concept Store or Counter and tell a store associate you would like to register for the Program.
2.2 You are required to provide your full name, mobile number, email address, birth month and location in order to enroll. If you enroll Online, you must also create a password in order to enroll. If you are enrolling Online, you understand that your personal data is being collected on an open network, which may not have sufficient security measures. In order to access your birthday surprises, you will need to provide us with your birth month. You will also have the opportunity to provide us with your preferred salutation, mailing address and age group, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information Online or contact Customer Service.
2.3 Only one Program account may be associated with a single member and a single email address and mobile phone number. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address or mobile phone number submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address or mobile phone number by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address or mobile phone number.
3. How the Program Works
3.1 The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to earn points and also unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. You will receive at least 1 point for every HK$1 or MOP$1 spent on qualifying purchases in any Concept Store or Counter or at www.lamer.com.hk and in addition to these purchases, we may offer more ways to earn and/or accelerate your points from time to time. Eligible purchases and other opportunities to unlock Program loyalty tiers will be posted at www.lamer.com.hk or may be published through other media (e.g., in-store, in marketing emails, social media, etc.).
Once you have accumulated points and/or unlock a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier and/or based on the total number of points you have accumulated in a Qualifying Year (defined below), which benefits may change from time to time and may be offered on a limited basis. Visit our FAQs for a current list of available benefits.
3.2 The Program is a tier-based program determined by the qualifying spend on eligible purchases and through qualifying activities, calculated every July 1 to June 30 (each period in which you accumulate qualifying spending and activities, a "Qualifying Year"). Your first Qualifying Year begins on the date you enrol in the Program and ends on the following June 30. There are 3 tiers with associated benefits:
• Tier 1, Marine $0 – $11,999
• Tier 2, Aquamarine $12,000 – $29,999
• Tier 3, Ultramarine $30,000 or above
When you join in the first Qualifying Year, you'll automatically be placed in Tier 1, Marine, and will be eligible for all the benefits Tier 1 members receive. Once you spend at least $12,000 on eligible purchases in your first Qualifying Year, you'll be automatically moved up to Tier 2, Aquamarine. When you spend $30,000 or more on eligible purchases in your first Qualifying Year, you'll be qualified for Tier 3, Ultramarine.
Your status in a particular tier is good for the remainder of the Qualifying Year in which you qualify for that tier and the following full Qualifying Year. After that, you'll need to spend enough to qualify for that tier on a yearly basis subsequently. For example:
• if you qualify for Tier 2, Aquamarine, during your first Qualifying Year, you'll maintain Aquamarine status during your second Qualifying Year. But, if you spend less than $12,000 on eligible purchases during your second Qualifying Year, you'll drop back down to Tier 1, Marine status starting on your third Qualifying Year;
• if you qualify for Tier 3, Ultramarine, during your first Qualifying Year, you'll maintain Ultramarine status during your second Qualifying Year. But, if you spend less than $12,000 on eligible purchases during your second Qualifying Year, you'll drop back down to Tier 1, Marine status starting on your third Qualifying Year.
3.3 For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase by logging into your account at www.lamer.com.hk or by providing your mobile phone number or your registered email address in any Concept Stores or Counters . To earn rewards and benefits, your purchase must be made on qualifying products and services. Eligible purchases include regular priced merchandise and services, and exclude gift cards, discounts, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, charitable products where funds are donated to any charitable organization, value sets, select premium products and services, and other specified products. All points earned from purchases Online are pending until your order ships. If you are not a member of Waves de La Mer at the time of purchase, you must enroll in Concept Store or Counter or on www.lamer.com.hk within the next 24 hours, using the same email address you provided at the time of purchase, in order to be eligible to earn points on that purchase. However, if your membership in the Program is terminated for any reason and you enroll in a new Program account, any purchases made prior to the date you enroll in a new Program account do not qualify for points.
3.4 Rewards can only be redeemed in any Concept Stores or Counters in person. Purchases made in department stores, specialty stores, stores and/or counters not solely owned and operated by La Mer Hong Kong and outside of Hong Kong or Macau are not eligible for the Program.
3.5 In addition to these purchases, you may also earn points for taking certain Program actions at the Site or in Concept Stores or in Counters. Please see our FAQs for a list of the current ways to earn points Online or in Stores or in Counters. To earn points, you must be a Program member and provide your Program member identification before completing the actions, by logging onto your Program account or by providing your Program member identifying information (e.g. name, registered email address and/or mobile phone number) to a store associate in a Concept Store or in Counter. The number of points, if any, awarded for each action is determined by La Mer Hong Kong in its sole but reasonable discretion and in all cases subject to a maximum number of points earned for each action per Qualifying Year.
3.6 We reserve the right to change Program benefits, how you unlock each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
3.7 If you have concerns that a purchase or other activity was not properly applied to your account, you should contact La Mer Hong Kong Customer Service at firstname.lastname@example.org. Your email must specify your name, address, mobile phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
3.8 Points are valid until next June 30 from your enrollment date. All unused points will expire and be forfeited on the following July 1. On July 1, your points will be reset to zero and you may start accumulating new points and earning new point rewards.
4. Product Rewards and Benefits
4.1 As a member, you earn points to determine your point benefits. Product rewards and samples are redeemable in-Store (either Concept Stores or Counters) in person. You must provide your Program member identifying information (e.g. name, registered email address and/or mobile phone number) to a store associate in a Concept Store or Counter to redeem your benefits.
4.1.1 You are eligible to redeem some or all of these points for product rewards of certain retail value. Please visit our Concept Stores or Counters to see the latest reward offerings. Reward offerings are subject to availability. These rewards are based on the number of points you have accumulated based on your qualified spending in the corresponding Qualifying Year membership . Once you have redeemed your point reward, your point balance will be reduced by the applicable point value for that reward. You must redeem your available points/rewards on or prior to June 30, or the unused points and rewards will expire. On July 1, your points will reset to zero (0) and you may start accumulating new points and earning new rewards.
4.1.2 Tier Benefits:
Certain benefits are based on the tier achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. Tier benefits can only be redeemed in Concept Stores or Counters in person with the exception of exclusive bonus points events and VIP events or as otherwise notified. On July 1, even though your points reset to zero, your tier status will be determined by the qualified spending in the prior Qualifying Year. Please review our FAQs for more information on how to redeem your tier benefits.
4.2 Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the member paying for the product(s) may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) is confidential and should not be shared by you with any other person.
4.3 Rewards, benefits and/or points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Program Terms. The sale, barter, transfer, or assignment of any rewards, benefits or points offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member.
4.4 Rewards cannot be exchanged or returned for points, another product, service or a monetary refund.
4.5 The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Program Terms.
4.6 We reserve the right in accordance with section 6 below to:
• change Program benefits, how you reach each Program tier, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity;
• place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any
5.1 By enrolling in the Program, you will be automatically subscribed to receive Program related communications. You will be subscribed to receive marketing communications related to La Mer Hong Kong and the Program, only after you have indicated your consent to receive marketing information and only through the channels to which you have consented.
6. Termination and Modification
6.1 We may cancel, modify, restrict or terminate these Terms, our FAQs, and/or the Program or any aspect or feature of the Program from time to time, and such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits. We will use reasonable endeavours to provide advance notice to you of any material changes to or the cancellation, modification or restriction of these Terms, our FAQs and/or the Program in writing, email, SMS, MMS or by posting it Online or our other channels. You should review these Terms and the FAQs frequently to understand the terms and conditions that apply to the Program. The date of the latest update to these Terms and the FAQs will be stated clearly on the Site and the changes made by that update will only apply from the specified date. If you disagree with any changes to these Terms, our FAQs and/or the Program, you may cancel your membership in accordance with section 6.3.
6.2 We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole reasonable discretion. Any suspected abuse of the Program, failure to follow any sections of these Terms, illegal activity, fraud, misrepresentation or other conduct which we consider (acting reasonably) to be inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
6.3 If you decide you no longer want to be a part of the Program, you may cancel your membership by contacting Customer Service per the contact information in section 11 below. If you cancel your membership, you will lose all accumulated points, benefits and your tier status will automatically expire.
7. Disclaimer of Warranties; Limitation of Liability
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LA MER HONG KONG NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
7.2 FURTHER NEITHER LA MER HONG KONG NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE THOUSAND HONG KONG DOLLARS (HKD1,000.00).
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.
9. Governing Law and Disputes
9.1 This Program and these Terms will be governed by and construed under the laws of Hong Kong, and you submit to the exclusive jurisdiction of the courts of Hong Kong.
9.2 ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN HONG KONG AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the prevailing Administered Arbitration Rules at the Hong Kong International Arbitration Centre. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
9.3 You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and
(a) no arbitration or proceeding shall be joined with any other;
(b) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and
(c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You can update your information by visiting your account at www.lamer.com.hk, or contact Customer Service via email email@example.com or by calling +852 31014917. You have the right to access your personal information and the right to correct and/or update your personal information within your account.
11. CONTACT US
For information about the Program and your membership, contact Customer Service via email firstname.lastname@example.org or by calling +852 31014917. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.
If part or all of any clause of these Terms is unenforceable, it will be severed, and the remainder of these Terms will remain in full force and effect.