ABERCROMBIE & FITCH US
The A&F Club Terms and Conditions
Updated: April 2017
Welcome to A&F Loyalty Club (“A&F Club”). This is intended to describe A&F Club and the terms for participation in A&F Club, which includes the Site Use and Sale Terms (these A&F Club Terms and Conditions referred to as “Terms” below).
Who Can Join?
A&F Club is currently only available to residents of the United States age thirteen (13) and older. Employees, officers, directors, agents and representatives of Abercrombie & Fitch are eligible to join but may be excluded from certain promotions.
How Does It Work?
Becoming a Member. Become a Member by signing up at a participating Abercrombie & Fitch or abercrombie kids store, (excluding San Francisco Premium Outlet, Katy Mills Mega Outlet and Gurnee Mills Mega Outlet locations) or through the Abercrombie website or Mobile Application (“App”). Note, individuals who have an active online account with Abercrombie & Fitch are already Members in A&F Club. Upon signing up for a Membership, individuals will receive an email confirming their Membership in A&F Club within three (3) days of signing up. Only one (1) A&F Club Membership is permitted per person, per email address.
Registering Purchases. When making a purchase in a store, Members may register purchases with their A&F Club ID at checkout by having the associate scan the A&F Club ID found inside the Member’s A&F Club account. Associates can also look up a Member’s A&F Club ID using the email address or the ten-digit telephone number provided upon registration to be a Member of A&F Club. When making purchases online, Members must sign into their Membership prior to making the purchase. Note, all purchases made when using the A&F Club ID (both in store and online) are available to be viewed on the “My Orders” and “History” sections in the A&F Club Membership page.
What are the Perks of The A&F Club?
Points can be earned towards a Reward Certificate (“Certificate”) redeemable for savings on purchases (details explained below under “Base Rewards” section).
Special Birthday Surprise.
Special Member only discounts and rewards.
Possible store contests and potential special Members only events.
In January 2017, The A&F Club added new benefits, including allowing Members to earn points on purchases made after the effective date of the change. Points are earned at the time of purchase when a Member provides or scans their A&F Club ID at stores or if a Member is signed into their Membership when ordering online points will be earned at the time of shipment. Only one (1) A&F Club ID can be used per transaction.
Members earn 10 points for every net dollar spent (including using gift cards as tender on purchases) on any Eligible Product Purchases (as defined below). Net dollars spent is the amount spent on an Eligible Product Purchase, excluding the use of merchandise credit as tender and minus the costs specified below on point calculations.
All product purchases (excluding purchases of gift cards and e-gift cards) earn ten (10) points for every net dollar spent in store or online. Points earned will be rounded to the nearest whole cent.
A&F Club may identify additional opportunities for Members to earn points from time to time. For example, those tasks may include the following:
- Share details on Member profile. Points may be awarded for each additional detail provided with a Membership profile (details which qualify to earn points will be indicated within A&F Club, but will not include name, phone, or email address as those were required fields for Membership creation). However, points will only be awarded once per lifetime of each Membership.
- Signing up for text message marketing. Points may be awarded for new user sign-up to the mobile A&F text message marketing program. Points will only be awarded for sign-up of a mobile cellular phone number which is already associated with an existing A&F Club Membership. Also, points will only be awarded once per lifetime of each Membership.
- Initial Membership sign-in on App. Points may be awarded for the initial sign-in to a The A&F Club Membership on the App after the first App download. However, points will only be awarded once per lifetime of each Membership.
Points will post to the corresponding A&F Club Membership within approximately forty-eight hours (48) hours from in-store purchase or date of online or store order shipment. If Members do not identify themselves at time of purchase, a manual adjustment can be made to add the points to the A&F Club Membership for up to thirty (30) days from the actual purchase date, but no purchases prior to the launch of this new benefit can be added. Please see the “History” section of Membership for instructions on how to do this.
Point calculations are based upon dollars spent at checkout on Eligible Product Purchases. "Eligible Product Purchases" means purchases of products such as clothing, accessories, and personal care items such as fragrance. The following costs are excluded from point calculation of Eligible Product Purchases: sales tax, state fees, shipping & handling or delivery charges, gift wrap fees, and purchase of gift cards or e-gift cards. Also, Members do not earn points for the amount of any coupon, discounts, or merchandise credit applied to purchases, as well as the value of any Certificate being redeemed. A&F has the right to make the final decision on whether any product purchase qualifies for points.
When Members return products to the store or return online purchases by mail, points previously posted for that purchase will be deducted from the point balance of the A&F Club Membership provided at the time of purchase. If a Member’s point balance is insufficient to cover a deduction related to a return, the Members’ point balance may go into the negative, and any Membership reaching into a negative balance is subject to be suspended from all further activity at the discretion of A&F. Members with a suspended account will need to reach A&F’s Customer Service Department to seek reinstatement.
Points are property of A&F, have no cash value, and are not transferable to anyone else or any other Membership in any capacity for any reason. Member must make at least one (1) Eligible Product Purchase every twelve (12) calendar months to prevent points from expiring. Points that remain on a A&F Club Membership expire as indicated and are forfeited if A&F Club is terminated or the A&F Club Membership is closed. Points may not be combined among Members.
In the event a Member returns merchandise that was partially or wholly paid for with a Certificate(s), the Certificate(s) used in connection with that initial purchase shall not be reissued to Member, and no points representing the Certificate(s) shall be reissued to such A&F Club Membership as the Certificate is considered to have been redeemed. In a return transaction where a Certificate was used to reduce the total amount paid, the customer is only entitled to a refund for any amount actually paid.
When Members reach various point thresholds as outlined below, they will automatically have those points converted into a Certificate redeemable for money off their purchase at an A&F or abercrombie kids store or Abercrombie.com (excluding San Francisco Premium Outlet, Katy Mills Mega Outlet and Gurnee Mills Mega Outlet locations).
|POINT LEVELS:||CERTIFICATE VALUE:|
A&F Club members will qualify for VIP Status when you spend $500 in a member year. A member year starts the day you join A&F Club and lasts 365 days. VIP status is good for the member year in which you qualify, and the following member year. You must re-qualify every member year to maintain your VIP status. In the event you return a purchase for which you had received Rewards or qualified for a certain A&F club tier, the return will be deducted from the member account and you could possibly lose your status.
VIP A&F Club members earn A&F Club Rewards faster by earning 15 points for every dollar spent. In addition to faster earning, VIPs receive a special gift each time they reach VIP status along with occasional VIP exclusive offers.
Certificates are valid only in the U.S. in stores and online. Not valid outside the U.S. or at San Francisco Premium Outlet, Katy Mills Mega Outlet and Gurnee Mills Mega Outlet stores. Certificates are valid for ninety (90) days from date of issue. Certificate applies pre-tax or state fee and cannot be used for purchases of gift cards, e-gift cards, shipping & handling or delivery charges, and gift wrap. Certificate cannot be applied to previous purchases. Certificate must be presented/entered at time of purchase in stores or online. Discount will be applied at checkout to all eligible items and will be deducted upon return of any item to which the discount was applied. Certificates may be used in conjunction with other Certificates (as limited below) and most other discounts or offers toward the purchase of products, for a discount up to the total purchase amount. If the purchase total is less than the value of the Certificate(s) being used, any unused portion of any given Certificate’s value is forfeited. There is a limit of three (3) Certificates per transaction. Certificates are not redeemable for cash or store credit. Certificates are non-transferable and not for resale. Certificates are valid for one (1) time use only. Lost, stolen, or expired Certificates will not be replaced.
Certificates will be posted to A&F Club Memberships within approximately twenty four (24) hours after points are converted into a Certificate. Based on the Certificate value reached, the corresponding amount of points will be deducted from the A&F Club Membership balance for every Certificate issued. Certificates should be available for use soon after Member has received Certificates. Once points have been converted into a Certificate, they cannot be converted back into points even if the Certificate is never redeemed and expired.
Members may earn up to a maximum of sixty-two thousand five hundred (62,500) points per twelve-month period. Therefore, as an example, Members in good standing may earn up to a maximum of twenty-five (25) $10 Certificates per calendar year, roughly twelve (12) $20 Certificates per calendar year, roughly eight (8) $30 Certificates per calendar year, roughly six (6) $40 Certificates per calendar year, or other various combinations of different Certificates values.
Certificates are property of A&F, have no cash value, and are not transferable to anyone else or any other Membership in any capacity for any reason. Unused Certificates that remain on A&F Club Memberships expire as indicated and are forfeited if A&F Club is terminated or the A&F Club Membership is closed. A&F is not responsible for lost Certificates, including due to change of email address, or other contact information.
Upon signing up for Membership in A&F Club, individuals will sign up to receive emails and/or social media messages, for example, Facebook messages, regarding special Members only offers and events, as well as new features of A&F Club. A&F Club communications would be in addition to general marketing communications from A&F about A&F products (should Member be otherwise signed up to receive these general emails). Furthermore, Members who scan or provide their A&F Club ID at the store with a purchase will automatically receive an e-receipt confirmation at the email address listed in the A&F Club Membership. E-receipts are neither A&F marketing nor A&F Club Membership communications, but merely confirmations of store purchases.
A&F brand marketing and A&F Club marketing emails will include opt-out instructions should individuals no longer want to receive any of these types of A&F communications. Even if a Member opts-out of marketing materials, if the A&F Club Membership is still active, Members will continue to receive relationship/operational communications related to A&F Club unless the A&F Club Membership is cancelled. Individuals do not need to cancel their A&F Club Membership to opt-out from receiving A&F brand marketing, A&F Club marketing, or e-receipt communications.
You can opt-out of receiving e-receipts from a store purchase by emailing the request to Privacy_Policy@Abercrombie.com from the email address associated with your A&F Club membership. Members can opt-out of receiving A&F Club marketing and/or A&F brand marketing communications by clicking here and entering the email address and/or social media account information associated with the A&F Club Membership and/or A&F brand marketing email subscription, or by following the unsubscribe instructions contained in the footer of any of these communications.
Cancellation of A&F Club Membership
We don’t think anyone will want to stop getting the great benefits of A&F Club, but Members who decide they want to cancel their A&F Club Membership can email us at Privacy_Policy@Abercrombie.com.
Cancellation of an A&F Club Membership cancels the Member’s entire account on Abercrombie.com. If a Member decides to cancel their A&F Club Membership, all unused points and Certificates will be cancelled. If the Member subsequently signs up to become a Member again we will not reinstate the previously cancelled, unused A&F Club points or Certificates.
If a Member chooses to cancel their A&F Club Membership but has separately signed up for A&F brand marketing communications, the Member will be opting out of both A&F Club marketing and A&F brand marketing communications. Cancelling the A&F Club Membership will also cancel e-receipts, unless the Member independently opts to receive e-receipts.
General Terms of A&F Club
- All questions regarding A&F Club in general or these Terms in specific should be directed to either Abercrombie@Abercrombie.com or 866-681-3115.
- A&F reserves the right to suspend or cancel any A&F Club Membership and participation in A&F Club at any time for any reason, including for any suspected fraudulent use of A&F Club.
- A&F is a private label brand. To protect its intellectual property rights, any suspected resale of our merchandise for personal or business profit is strictly prohibited. Those suspected of reselling are prohibited from becoming a Member in A&F Club. A&F will not accept any order found to have characteristics of reselling. A&F reserves the right to cancel all subsequent orders from such customers.
- As to the requirement of only one (1) A&F Club Membership per person per email account, if there is a dispute regarding the email account, it will be deemed to be the natural person who is assigned to the submitted email address by an internet provider, or 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.
- These Terms supersede all previously published Terms in their entirety.
- A&F reserves the right to make bonus points and other promotional offers available to select Members based on purchase activity, geographic location, A&F Club participation, and/or information supplied by the Member, or other factors. A&F reserves the right to add, withdraw, amend, or otherwise change bonus opportunities at any time at its sole discretion, with or without notice to Members.
- A&F reserves the right to cancel A&F Club and/or its benefits at any time with or without notice to Members. Unused Certificates that remain on A&F Club Memberships are forfeited if A&F Club is terminated or the A&F Club Membership is closed.
- A&F reserves the right to change these Terms with or without notice, including the terms related to earning points and Certificates.
- All title and intellectual property rights in and to any content that is accessed, viewed, streamed, or downloaded from A&F Club site (including music, photos and videos) remains the sole and exclusive property of A&F or its licensor. The use of such content is subject to the restrictions imposed by these Terms and copyright and other intellectual property laws and treaties. Content may not be used in a manner that exceeds the specific rights granted and individuals are strictly prohibited from copying, modifying, selling, re-licensing or distributing content. Members agree that they will not interfere with A&F’s or its licensors’ rights to their content and will not circumvent, or attempt to circumvent, any technology or methods used by A&F or its licensors to prevent the unauthorized reproduction or distribution of content accessible via A&F Club.
- A&F, its parent and subsidiaries and affiliate entities, and their respective directors, officers, employees and agents make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to A&F Club, Membership in A&F Club, or any products or services related to A&F Club.
- Members are responsible for providing the correct email address to receive A&F Club points and Certificates and to update their A&F Club Membership should their e-mail address change.
- These Terms will be governed by and construed under the substantive laws of the State of Ohio, without reference to conflict-of-laws considerations.
- Becoming a Member of A&F Club means Member is bound by these Terms.
Limitation of Liability.
A. FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “A&F” INCLUDES NOT ONLY ABERCROMBIE &F FITCH. BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
B. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL A&F BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM THE USE OF ANY CERTIFICATE BY SOMEONE OTHER THAN THE A&F CLUB MEMBER TO WHOM THE CERTIFICATE WAS SENT.
C. IN NO EVENT SHALL A&F BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER A&F WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
D. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY A&F’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.
E. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES FROM STATE TO STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTICE TO NEW JERSEY CONSUMERS: THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
- Any Dispute between You and A&F shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court.
- This arbitration provision shall be interpreted broadly. “Dispute” means any claim or controversy between You and A&F, including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise, or that relate to the existence of this Agreement; (2) claims that arose before this Agreement; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. “Dispute” does not, however, include any issues arising from or relating to the arbitrability of any Disputes under this provision or the scope, validity, or enforceability of this arbitration provision. “You” means the person who subscribed to receive text messages from or on behalf of A&F and any intended or unintended beneficiaries of this Agreement, including but not limited to any subscriber to the mobile number that received text messages. “A&F” means Abercrombie & Fitch Stores, Inc., and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, vendors and independent contractors, and each of their officers, directors, employees and agents.
C. Right to Sue in Small Claims Court.
- Notwithstanding anything in this arbitration provision to the contrary, either You or A&F may bring an individual action in small claims court if the amount claimed is within the jurisdiction of that court.
D. Right to Reject Future Changes to this Arbitration Provision.
- You may reject future changes to this arbitration provision by sending A&F written notice by certified mail postmarked no later than thirty (30) days after Your first receipt of notice of the change to Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. Your decision will not adversely affect Your relationship with or service from A&F. If You previously notified A&F of Your decision, You need not do so again.
E. Procedures for Arbitration.
- This arbitration provision is governed by the Federal Arbitration Act. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (collectively the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA will not administer an arbitration in accordance with this arbitration provision, You and A&F will agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. Unless You and A&F agree otherwise, any arbitration hearing will take place in the county where You reside. The arbitrator will issue a reasoned written decision that explains the essential findings and conclusions. The arbitrator’s award may be entered in any court of appropriate jurisdiction.
F. Right to Arbitral Fees and Costs.
- If You claim more than $10,000, the payment of the AAA’s fees and costs will be governed by the AAA Rules. If You do not claim more than $10,000, the payment of the AAA’s fees and costs will be A&F’s responsibility. However, if the arbitrator finds that Your Dispute was frivolous or brought for an improper purpose, the payment of the AAA’s fees and costs will be governed by the AAA Rules and You will reimburse A&F for all fees and costs that were Your obligation to pay under the AAA Rules.
G. Right to Attorneys’ Fees and Costs.
- You may hire an attorney to represent You. You are responsible for Your attorneys’ fees and costs. You may recover them from A&F to the same extent as in court.
H. Waiver of Jury Trials.
- DISPUTES IN ARBITRATION AND SMALL CLAIMS COURT ARE RESOLVED WITHOUT A JURY TRIAL. WHETHER IN ARBITRATION OR COURT, YOU AND A&F WAIVE THE RIGHT TO A JURY TRIAL.
I. Waiver of Class Actions.
- WHETHER IN ARBITRATION OR COURT, YOU AND A&F WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AND A&F MAY SEEK RELIEF ONLY ON BEHALF OF THEMSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY THEIR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION.
- This arbitration provision shall survive the cancellation or expiration of the Agreement.