Reward Program Terms & Conditions


EILEEN FISHER’s REWARD PROGRAM is a loyalty program offered by EILEEN FISHER, Inc. Members of the Program are responsible for reading and understanding these Program Terms and Conditions, as well as monitor them for updates. Your participation in the Program constitutes your agreement to follow these Terms and Conditions, as they are described below and amended from time to time.

TERMS AND CONDITIONS MAY BE UPDATED FROM TIME TO TIME

EILEEN FISHER, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice to you and because of this, we encourage you to review these Terms and Conditions when you visit the EILEEN FISHER website. Any changes will go into effect on the Last Updated Date shown on the revised Terms and Conditions. By continuing to participate in the Program, you are agreeing to the revised Terms and Conditions.

ENROLLMENT

You can sign up for the Program in an EILEEN FISHER retail store or at www.eileenfisher.com under My Account preferences. You must opt into the EILEEN FISHER Rewards Program to participate. You must also provide a valid email address to participate.

The Program is valid at any EILEEN FISHER store in the US & Canada or at eileenfisher.com only with purchases made & associated with your EILEEN FISHER Rewards Program account. The Program does not apply to orders placed using Guest Checkout on eileenfisher.com, Renew.com, Renew stores, Company Stores and is not available on international online orders. For more details on our International Rewards program, please visit the International FAQ page.

ELIGIBILITY

You must be at least 18 years old and a legal resident of the United States, Puerto Rico, or Canada to be eligible to enroll in the Program. EILEEN FISHER, Inc. employees & Resellers are NOT eligible to participate in the Program.

EARNING REWARDS

As a member of the EILEEN FISHER Rewards program, you will receive one point for every dollar you spend, excluding sales tax, shipping and handling fees, purchases made with gift cards or merchandise exchanges, and returns. Points do not expire. When you reach 2,000 points, a $100 Rewards Card will be emailed to you.

To earn rewards on each purchase, you must identify yourself at the time of purchase, either in-store, online or over the phone, by providing/entering your name and email address that was used to enroll.

There will be a minimum 14-day waiting period from time of purchase or ship date, whichever is later, until Points accrue to your account. Points will not be earned for past purchases and cannot be retroactively applied to your account.

Points and rewards earned are not transferable and may not be sold, resold, exchanged, or bartered. Rewards have no cash value and cannot be exchanged for cash. Rewards cannot be used to purchase gift cards or third-party services. Points and rewards are not property and customers have no property interest in rewards points. Additional exclusions may apply — see your rewards email for details and specific exclusions.

EXCLUSIONS

International orders including Canadian orders placed on EILEEN FISHER.com, taxes, shipping, gift wrap, monogramming, and items/services fulfilled by third parties are not eligible to earn rewards. Bulk orders, donations and bag fees are also not eligible to earn rewards.

CANCELLATION AND CLOSURE OF ACCOUNT

You have the right to cancel your membership at any time by contacting EILEEN FISHER, Inc. Customer Service at 1.800.445.1603. By canceling your membership, your account will be closed, and any points or rewards balance forfeited, and Program benefits will end. EILEEN FISHER Inc., at its sole discretion, may terminate your membership without notice if you have violated these Terms and Conditions or if continuing your membership will result in a violation of these Terms and Conditions.

EILEEN FISHER, Inc. may cancel the Program at any time without providing prior notice to you.

RETURNS

Rewards are refundable if item(s) purchased with rewards are returned within our 30-day return period. At time of return, you will not receive new Points or Rewards and will receive an EILEEN FISHER gift card for the items returned.

OPT-IN/PRIVACY

By providing your enrollment information, you are opting in to “Membership Rewards” Program communications, including email and texts. You are also giving permission to the Program to use your transaction and profile data to send personalized Program communications and special offers.

Your information will be used in accordance with Eileen Fisher, Inc.’s privacy policy, available at eileenfisher.com/customer-service/privacy-policy.html.

DISCLAIMER

EILEEN FISHER, INC., ALONG WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE REWARDS PROGRAM OR ANY PRODUCTS OR SERVICES RELATED TO THE PROGRAM OR ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PROGRAM OR RELATED WEBSITES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EILEEN FISHER, INC.HAS NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE PROGRAM OR RELATED WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE PROGRAM OR RELATED WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE PROGRAM WEBSITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE PROGRAM WEBSITES.

RELEASE OF LIABILITY AND INDEMNIFICATION

You release EILEEN FISHER, Inc., its officers, directors, employees, and agents, from any and all liability relating to your membership in the Program or these Terms and Conditions.

You agree to indemnify and hold harmless EILEEN FISHER, Inc., its officers, directors, employees, and agents, from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. EILEEN FISHER, Inc. retains the right to assume the defense of any action related to these Terms and Conditions and you will reasonably cooperate with us in such defense.

ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS

You and EILEEN FISHER, Inc. agree that, except as set forth below, we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and EILEEN FISHER, Inc. hereby waive any right to a jury trial of any controversies, claims, counterclaims, or other disputes arising between you and us. Instead, any dispute will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator and, if held in person, will be held within 35 miles of EILEEN FISHER, Inc.’s headquarters. The arbitrator can decide only your and/or EILEEN FISHER, Inc.’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.

OTHER PROVISIONS

You consent and submit to the personal jurisdiction of the state and federal courts located in Westchester County, New York and any action related to the Program or these Terms and Conditions must be brought in such courts.

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws rules or provisions.

If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

These Terms and Conditions make up the entire agreement between us relating to the Rewards Program.



May 2023