eCard

“Anniversary” means 12 months from (a) a Member’s Join Date or (b) the date that Member changed tiers, whichever date is the later.

“Effective Date” means 20 March 2018;

“Join Date” means the date a Member joins the Witchery Loyalty Program.

“Member” means individuals who sign up to the Witchery Loyalty Program.

“Member Emails” means emails that are sent from Witchery to a Member including emails about the individual’s membership, the Witchery Loyalty Program, special offers, discounts, competitions and events.

“Member Profile” means the personal details of the Member.

“Member Terms and Conditions" means these terms and conditions as amended from time to time.

“Witchery” means Witchery Fashions Pty Ltd ABN 13 067 573 291 its related entities and its authorised representatives.

“Witchery Loyalty Card” means the membership card issued by Witchery to a Member or where no card is issued, the Member login allocated to the Member.

“Witchery Loyalty Program” means the loyalty program operated by Witchery providing Members with access to Rewards in accordance with these Member Terms and Conditions.

“MOTO Order” means an online order placed on behalf of a Member by Witchery staff where a full priced item is not available in-store.

“Reach $1000 Reward’ means the Reward issued to a Member depending on their Member status at the date the Member achieves the Reach $1000 Spend Balance;

“Reach $1000 Spend Balance” means a Member’s net cumulative spend of $1000 on Valid Purchases in a Reach $1000 Spend Period.  A Members’ Reach $1000 Spend Balance is reset to $0 when a Reach $1000 Reward is issued or at the expiration of the Reach $1000 Spend Period provided that if a Member’s Reach $1000 Spend Balance exceeds $1000, any amount over $1000 will carry over to the next Reach $1000 Spend Period;  

Reach $1000 Spend Period a three (3) year period commencing on the later of:

• the Effective Date; or
• the date a Member is issued a Reach $1000 Reward; or
• the date a Member makes their first Valid Purchase following the Join Date;

“Rewards” means rewards or other benefits given to Members as a consequence of purchasing behaviours, incentives and/or promotions.

“12 Month Spend Balance” means a Member’s net cumulative spend (i.e. after all discounts, returns etc. have been applied) on Valid Purchases in the previous 12 months. For example, a Member’s Spend Balance as at the period 1 April 2018 will be their cumulative spend on Valid Purchases during the period from 1 April 2017 to 23:59:59 on 31 March 2018. A Member’s 12 Month Spend is reviewed daily and any Valid Spend from transactions outside of this period will be removed. Valid Spend from transactions made in store is added to a Member’s 12 Month Spend on the day the transactions is made and Valid Spend from transactions made online or through MOTO is added to the Member’s 12 Month Spend Balance on the day the order is dispatched (not made).

“Technical Issues” means the technical malfunction of any telephone network, connection or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site or intranet site.

“Tier Spend Balance” means a Member’s net cumulative spend (i.e. after all discounts, returns etc have been applied) on Valid Purchases whilst they are a member of a tier. Valid Spend from transactions made in store is added to a Member’s Tier Balance on the day the transactions is made and Valid Spend from transactions made online or through MOTO is added to the Member’s Tier Balance on the day the order is dispatched (not made).

“Valid Purchases” means all purchases except gift cards, delivery costs, tailoring services and selected merchandise which Witchery determines will not be eligible to earn Rewards.  Any purchases which are returned will not constitute Valid Purchases. Purchases of Witchery merchandise made at David Jones Online will not constitute Valid Purchases. 

“Website” refers to the Witchery website witchery.com.au where details of the Witchery Loyalty Program (including the most up to date Terms and Conditions) can be found and where Members can monitor their Member status and Member Profile.

GENERAL

1. The Member Terms and Conditions document the operation of the Witchery Loyalty Program, the use of the Witchery Loyalty Card, and any promotional activity and loyalty transactions that arise as a consequence of the Witchery Loyalty Program.
2. Individuals who join the Witchery Loyalty Program agree to be bound by these Member Terms and Conditions.
3. The Member Terms and Conditions may be modified at any time without prior notification by Witchery in its absolute discretion. Any modification to the Member Terms and Conditions may be applied to a Member retrospectively.
4. Witchery will not accept any liability for any Member Email that is misdirected, lost or not received.
5. Witchery will not accept any liability for any Technical Issues that may cause damage to any computer related to or used in connection with the Witchery Loyalty Program.
6. Witchery may collect personal information from Members for the purpose of facilitating the Witchery Loyalty Program. Personal information will be handled in accordance with Witchery’s Privacy Policy- https://www.witchery.com.au/help/privacy-policy
7. Witchery reserves the right to cancel, terminate, modify or suspend the Witchery Loyalty Program or any aspect of it or at its election, to payout any Rewards, reset Spend Balances, at any time and without notice. Without limitation to the foregoing rights, Witchery reserved the right to transfer Members to such other loyalty program owned, operated, managed or administered by Witchery, its ‘related bodies corporates’ or ‘associated entities’ as those terms are defined in Corporations Act 2001 (Cth).
8. Witchery may, at any time and in its absolute discretion, require a Member to provide to Witchery proof of identification (in a form requested by Witchery) for Witchery to verify the authenticity of a Member’s membership and compliance with the Member Terms and Conditions. Failure to provide proof of identification may result in termination of a Member’s involvement in the Witchery Loyalty Program.  
9. Witchery will not be liable for any tax liability incurred by a Member in connection with the Witchery Loyalty Program, including that incurred in the provision and/or utilisation of Rewards.
10. These Member Terms and Conditions are to be read in conjunction with any additional conditions associated with Rewards, including without limitation with the Website Terms and Conditions and other relevant Witchery policies and or terms and conditions.
11. Witchery’s decision in relation to all matters arising in relation to the Witchery Loyalty Program is final and binding.
12. Reference to a ‘day’ in these Member Terms and Conditions shall mean a 24 hour period ending at 11.59pm AEDT;
13. Any failure or delay by Witchery in exercising its rights under these terms does not constitute a waiver of those rights. Any waiver by Witchery must be in writing and signed by an authorised officer of Witchery.
14. Nothing in these Member Terms & Conditions is intended to contravene any applicable law. To the extent that any provisions in these Member Terms and Conditions is invalid or unenforceable, it is to be read down so as to be valid and enforceable, and otherwise must be severed to the extent of any invalidity or unenforceability, without affecting the remaining provisions of these Member Terms & Conditions.

MEMBERSHIP

15. Membership of the Witchery Loyalty Program is open to individuals who are 18 years or older with a unique email address.
16. An individual becomes a Member as at the Join Date.
17. An individual is deemed to be a Member when they sign up in store or online and or use their Witchery Loyalty Card during a transaction and/or earn or redeem Rewards.
18. When joining in-store, a sales consultant will record the individual’s full name, email address and postcode at the register. Other details may be optionally recorded. An individual may update their Member Profile at any time by visiting the Website. It is the Member’s responsibility to update their Member Profile including their email, surname, birthday, phone and postal address.  If a Member has not provided or updated Witchery with correct details, Witchery may not be able to contact the Member about their membership, Rewards, special offers or entry to competitions.
19. Applications may also be completed online by following the prompts in the checkout process.
20. Upon joining the Witchery Loyalty Program, a Member will be allocated to a Witchery Loyalty Program tier on the basis of the transaction spend that qualified them to apply for membership. Details of the tiers are outlined below.
21. Any Members who were Members prior to the Effective Date will be allocated to a Witchery Loyalty Program tier on the basis of the Member's Spend Balance for the period being twelve (12) months prior to the Effective Date and deemed to accept the Member Terms and Conditions on and from the Effective Date. Any Members with Silver Status prior to the Effective Date will be allocated to Silver Status on the Effective Date, except where their 12 month Spend Balance is greater than $2000, they will be allocated Gold tier status.
22. At any time, Members may only have one account to the Witchery Loyalty Program and one corresponding Witchery Loyalty Card. Members may not transfer their account or Rewards to another person.
23. Witchery reserves the right to modify, refuse or terminate a Member’s account to the Witchery Loyalty Program without notice or reason and at its absolute discretion.
24. A Member may end their membership at any time by contacting Witchery’s Customer Service team on 1800 033 465 (AUS) or 0800 300 034 (NZ) and by email to customerservice@witchery.com.au.
25. By joining the Witchery Loyalty Program, an individual consents to Witchery contacting them to provide them with consumer or marketing information and notifying them of Rewards or other products and special offers. 

WITCHERY LOYALTY CARD

26. Once a Member has completed the application process in store, their Witchery Loyalty Card will be issued directly at point of sale. Members who complete their application on the Website are able to pick up a Witchery Loyalty Card when next in store upon presentation of identification displaying the Member’s name and address.
27. Members may nevertheless record spend and otherwise utilise the benefits of the Witchery Loyalty Program without their Witchery Loyalty Card by: for purchases in store, providing an alternative form of identification displaying the Member’s name and address; or for purchases online, logging into their Witchery Loyalty Program account on the Website.
28. The Witchery Loyalty Card remains the property of Witchery at all times.
29. One Witchery Loyalty Card will be issued per Member on or after the Member’s Join Date.
30. A current Witchery Loyalty Card, or alternative form of photo identification displaying name and address must be presented by the Member for all transactions in-store including (but not limited to) requests for discounts, recording of purchases, redeeming Rewards or in response to any promotional activity specific to the Witchery Loyalty Program.
31. Only one Witchery Loyalty Card can be presented for each transaction.
32. Members must notify Witchery immediately if their Witchery Loyalty Card is lost, stolen or misplaced. Witchery does not accept any responsibility or liability for any loss of a Member’s Witchery Loyalty Card or for any unauthorised redemption of Rewards.
33. If an individual misplaces their Witchery Loyalty Card they can go in store and request a new card to be issued.
34. If Witchery invites a Member to a special event they may be required to show their Witchery Loyalty Card or photo identification to gain entry or any applicable offers or discounts. 

EARNING WITCHERY REWARDS

35. The Witchery Loyalty Program operates by attributing different Rewards (as nominated by Witchery from time to time) to the various tiers of the Witchery Loyalty Program.
36. Members are allocated to tiers on the basis of their Spend Balance and Tier Spend Balance.
37. When a Member completes a transaction and identifies themselves in-store by presenting their Witchery Loyalty Card or photo identification, the net amount of the Valid Purchase is added to their Spend Balance and Tier Spend Balance on the day after the transaction is made.
38. When a Member completes a transaction online on the Website and identifies themselves by logging into their online Member account, the net amount of the Valid Purchase is added to their Spend Balance and Tier Spend Balance on the day after the order is dispatched, not at the time of order placement.
39. Where a Valid Purchase is made in store, Rewards will be issued based on the day the order is made in store and loaded onto the Member’s account approximately 48 hours after the Valid Purchase is made.
40. Where a Valid Purchase is made online or by MOTO order in-store, Rewards will be issued based on the day the order is dispatched (not made) and will be loaded onto the Member’s account approximately 48 hours after the Valid Purchase is dispatched (not made). For example, the member will receive the Reward approximately 48 hours after they receive notification that their order has been dispatched.

• The currency in which Rewards are earned will be in AUD unless your country of residence in your Member Profile is NZ. For example, a Valid Purchase made in New Zealand will earn Rewards in NZD.

42. Witchery will endeavour to notify the Member via email when the Member is entitled to a Reward or changes to a different tier in the Witchery Loyalty Program. If a member unsubscribes from Witchery Member Emails their Rewards balance will be viewable online only.
43. At its sole discretion, Witchery may update a Member account with a Reward as a consequence of a purchasing behaviour, incentive and/or promotional activities.
44. Witchery reserves the right to withdraw, cancel or vary the Rewards without notice and at any time for any reason whatsoever in its absolute discretion including without limitation Rewards awarded in error or Rewards earned fraudulently.
45. Rewards cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments, including (but not limited to) gift vouchers, gift cards, cheques and credit notes. Rewards do not represent legal tender in any country. 
46. Rewards cannot be earned using other Rewards as part of the transaction.
47. If a Membership is terminated from the Witchery Loyalty Program, all outstanding and future Rewards will no longer be valid and will be rendered null and void.
48. Only one transaction Reward will be earned and uploaded to a Member’s Witchery Loyalty Card per day.
49. Rewards can be earned from Valid Purchases using layby or Afterpay purchase.
50. When a Member returns a purchase in-store or via post, the net amount of the transaction will be deducted from the Member's Spend Balance and Tier Spend Balance and the Reward that was previously awarded will be adjusted or reversed.
51. If an online order is cancelled, Witchery may adjust or reverse Rewards that were previously awarded to a Member in that transaction
52. Members can view their Rewards at any time by logging into their account online on the Website.

    Rewards can only be earned at Witchery stores in Australia and New Zealand and on the Website in Australia and New Zealand. Rewards cannot be earned in Witchery concessions stores in David Jones, or Smith & Caughey and cannot be earned on David Jones Online.

TIERS & ASSOCIATED REWARDS

53. Members are allocated to tiers on the basis of their Spend Balance (a Member's 'status') in the following manner and as depicted in the pyramid diagram below:
    1. Gold Member Status: members whose Spend Balance is $2500 or more;
    2. Silver Member Status: Members whose Spend Balance is $750 or more, but less than $2500;
    3. Bronze Member Status: Members whose Spend Balance is $300 or more, but less than $750;
    4. Member Status: Members whose Spend Balance is $300 or less.
54. A Member may move at any time to a higher tier in the Witchery Loyalty Program when that Member’s Spend Balance qualifies them to move to the higher tier.
55. On each Member’s Anniversary, a Member’s status will be determined by the Member’s Tier Spend Balance and the Member will, depending on the Member’s Tier Spend Balance, either retain their Member Status or be moved down to a different tier. The Member’s status will then remain in that tier until the next Anniversary unless the Member’s Spend Balance qualifies the Member to move to a higher tier.
56. If at any time a Member’s status changes resulting in the Member changing tiers, the Member’s Tier Spend Balance reverts to zero dollars. A Member’s Tier Spend balance from the previous tier does not carry over to the Member’s new Tier Spend Balance.
57. All Valid Purchases will contribute to a Member’s Spend Balance.

MEMBER STATUS

58. Members with ‘Member Status’are eligible to receive the following Rewards:
    1. All Member status Rewards which will expire 30 days after issue unless otherwise indicated;
    2. $10 Reward when they spend $100-$249: Members must spend between $100 and $249 in total in one day on a Valid Purchase after all Rewards have been redeemed and all discounts have been applied in order to receive the $10 Reward. Reward expires 30 days after date of issue;

1. $35 Reward when they spend $250+: Members must spend $250 or more in one day on a Valid Purchase after all Rewards have been redeemed and all discounts have been applied in order to receive the $35 Reward which expires 30 days after date of issue;
2. $10 Reward for ‘First Online Purchase’: $10 Reward is issued approx 48 hours after dispatch of a Member’s first online Valid Purchase on the Website. The Reward expires 30 days after date of issue and only one Reward can be issued per Member;
3. $10 ‘Birthday Reward’: $10 Birthday Reward is issued once every 12 months, 7 days before the Member’s birthday (the Member must have entered a valid date of birth in the relevant section of their Member Profile prior to their birthday in order to receive this Reward). The Birthday Reward expires 30 days after date of issue
4. $20 ‘Reach $1,000 Reward’:  a $20 Reach $1000 Reward each time the Member achieves the Reach $1000 Spend Balance.  The Reach $1000 Reward expires 30 days after date of issue; .
5. Free Shipping for online orders over $200: Members must spend $200 in total after all Rewards have been redeemed and all discounts have been applied in order to receive free shipping online.  The free shipping benefit is available for shipping within countries that Witchery online ship to. Free Shipping cannot be used in conjunction with any other offer unless otherwise indicated.
6. Exclusive Previews:  access to the latest collections, promotions and sales offers via Member Emails;
7. Eligible for invitations to in-store events.

BRONZE STATUS

59. Members with ‘Bronze’ status are eligible to receive the following Rewards:
    1. All Bronze status Rewards which will expire 50 days after issue unless otherwise indicated;

1. $10 Reward when they spend $100-$249: Bronze Members must spend between $100 and $249 in total in one day on a Valid Purchase after all Rewards have been redeemed and all discounts have been applied in order to receive the $10 Reward.  Reward expires 50 days after date of issue;
2. $35 Reward when they spend $250+: Bronze Members must spend $250 or more in one day on a Valid Purchase after all Rewards have been redeemed and all discounts have been applied in order to receive the $35 Reward which expires 50 days after date of issue;
3. $10 Reward for ‘First Online Purchase’: $10 Reward is issued approx 48 hours after dispatch of a Member’s first online Valid Purchase on the Website.  The Reward expires 50 days after date of issue and only one Reward can be issued per Member;
4. $20 ‘Welcome Reward’ issued every time the Member changes tier to Bronze Member status which expires 50 days after date of issue
5. $20 ‘Anniversary Reward’ issued on the Member’s Anniversary, which expires 50 days after date of issue
6. $20 Birthday Reward:   A $20 ‘Birthday Reward’, is issued once every 12 months, 7 days before the Member’s birthday (the Member must have entered a valid date of birth in the relevant section of their Member Profile prior to their birthday in order to receive this Reward).  The Birthday Reward expires 50 days after date of issue. 
7. $20 ‘Reach $1,000 Reward’:  a $20 Reach $1000 Reward each time the Member with Bronze status achieves the Reach $1000 Spend Balance.  The Reach $1000 Reward expires 50 days after date of issue;
8. Free Shipping for online orders over $200: Members must spend $200 in total after all Rewards have been redeemed and all discounts have been applied in order to receive free shipping online. The free shipping benefit is available for shipping within countries that Witchery online ship to. Free Shipping cannot be used in conjunction with any other offer unless otherwise indicated.
9. Exclusive Previews:  access to the latest collections, promotions and sales offers via Member Emails;
10. Eligible for invitations to in store events.

SILVER STATUS

60. Members with ‘Silver status’ are eligible to receive the following Rewards:
    1. All Silver status Rewards which will expire 80 days after issue unless otherwise indicated;

1. $10 Reward when they spend $100-$249: Silver Members must spend between $100 and $249 in total in one day on a Valid Purchase after all Rewards have been redeemed and all discounts have been applied in order to receive the $10 Reward.  Reward expires 80 days after date of issue;
2. $35 Reward when they spend $250+: Silver Members must spend $250 or more in one day on a Valid Purchase after all Rewards have been redeemed and all discounts have been applied in order to receive the $35 Reward which expires 80 days after date of issue;
3. $10 Reward for ‘First Online Purchase’: $10 Reward is issued approx 48 hours after dispatch of a Member’s first online Valid Purchase on the Website.  The Reward expires 80 days after date of issue and only one Reward can be issued per Member;
4. $50 ‘Welcome Reward’:  issued every time the Member changes tier to Silver Member status which expires 80 days after date of issue
5. $50 ‘Anniversary Reward’:  issued on the Member’s Anniversary, which expires 80 days after date of issue
6. $50 ‘Birthday Reward:  A $50 Birthday Reward is issued once every 12 months, 7 days before the Member’s birthday (the Member must have entered a valid date of birth in the relevant section of their Member Profile prior to their birthday in order to receive this Reward).  The Birthday Reward expires 80 days after date of issue. 
7. $50 ‘Reach $1,000 Reward’:  a $50 Reach $1000 Reward each time the Member with Silver status achieves the Reach $1000 Spend Balance.  The Reach $1000 Reward expires 80 days after date of issue;
8. Free shipping online for all orders. The free shipping benefit is available for shipping within countries that Witchery online ship to.  Free Shipping cannot be used in conjunction with any other offer unless otherwise indicated.
9. Free product transfers between stores within country of purchase ;
10. Exclusive Previews:  access to the latest collections, promotions and sales offers via Member Emails;
11. Invites to select collection launches and store openings where eligible.
12. Eligible for invitations to in store events ;

GOLD STATUS

61. Members with ‘Gold’ status are eligible to receive the following Rewards:

1. All Gold status Rewards which will expire 130 days after issue
2. $10 Reward when they spend $100-$249: Gold status Members must spend between $100 and $249 in total in one day on a Valid Purchase after all Rewards have been redeemed and all discounts have been applied in order to receive the $10 Reward.  Reward expires 130 days after date of issue;
3. $35 Reward when they spend $250+: Gold status Members must spend $250 or more in one day on a Valid Purchase after all Rewards have been redeemed and all discounts have been applied in order to receive the $35 Reward which expires 130 days after date of issue;
4. $10 Reward for ‘First Online Purchase’: $10 Reward is issued approx 48 hours after dispatch of a Member’s first online Valid Purchase on the Website.  The Reward expires 130 days after date of issue and only one Reward can be issued per Member;
5. $100 ‘Welcome Reward’:  issued every time the Member changes tier to Gold Member status which expires 130 days after date of issue
6. $100 ‘Anniversary Reward’: issued on the Member’s Anniversary, which expires 130 days after date of issue
7. A $100 ‘Birthday Gift Reward’: A Birthday Reward is issued once every 12 months, 7 days before the Member’s birthday (the Member must have entered a valid date of birth in the relevant section of their Member Profile prior to their birthday in order to receive this Reward).  The Birthday Reward expires 130 days after date of issue.
8. $100 ‘Reach $1,000 Reward’:  a $100 Reach $1000 Reward each time the Member with Gold status achieves the Reach $1000 Spend Balance.  The Reach $1000 Reward expires 130 days after date of issue;
9. Free shipping online for all orders. The free shipping benefit is available for shipping within countries that Witchery online ship to.  Free Shipping cannot be used in conjunction with any other offer unless otherwise indicated.
10. Free product transfers between stores within country of purchase;
11. Exclusive Previews:  access to the latest collections, promotions and sales offers via Member Emails;
12. Invites to select collection launches and store openings where eligible;
13. Eligible for invitations to in store events
14. Surprise gifts & exclusive discounts:  eligible Gold status Members will be notified of available gifts and discounts via Member Emails.

REDEMPTION OF REWARDS

62. Rewards can only been redeemed at Witchery stores in Australia and New Zealand and on the Website in Australia and New Zealand. Rewards cannot be redeemed in Witchery concessions stores in David Jones, or Smith & Caughey and cannot be redeemed on David Jones Online.
63. To redeem any applicable Reward when transacting online on the Website, a Member must ensure they are logged into a valid account.
64. The currency in which Rewards are redeemed will be based on the location of the redeeming store. For example, a store based in New Zealand will redeem the Rewards in NZD. The Witchery Website and online store is based in Australia and consequently, will redeem Rewards in AUD.
65. When redeeming any applicable Reward, the Reward will be applied proportionally across each item purchased, based on the percentage each item's represents of your total purchase. This will mean that the Reward will not be split equally across all items. 
66. Rewards cannot be redeemed in conjunction with any other offer unless otherwise indicated.
67. Rewards cannot be redeemed against purchases of the OCRF collection, or against purchases of gift vouchers, postage and tailoring.
68. Rewards cannot be redeemed as payment for any part of a layby purchase.
69. All Rewards have an expiry date as dictated by the Rewards in each tier at which point they will no longer be available for redemption. Witchery reserves the right to change the expiry date of any Reward at any time without notice.
70. Only Rewards from one Witchery Loyalty Card can be redeemed per transaction.
71. Witchery will not be held responsible or liable if Rewards are not able to be redeemed for whatever reason but specifically, in the case of a Technical Issue including without limitation the failure of software or hardware or an EFTPOS malfunction.
72. Rewards can only be redeemed once.
73. Witchery reserves the right in its absolute discretion to exclude certain items and promotions from being redeemed by using Rewards.
74. Returns: If a customer wishes to return a purchase for reasons other than that the goods are faulty or misdescribed:

1. any Reward redeemed or utilised during the purchase will be forfeited; and
2. any Reward that may otherwise have been obtained (such as through being promoted to a higher tier) will be kept but the Member will have the value of the return transaction deducted from their Spend Balance. This may result in the Member having a negative Spend Balance or Tier Balance