The Simons loyalty program (hereinafter "the program") is operated by La Maison Simons Inc. (hereinafter "La Maison Simons"). La Maison Simons specifically reserves the right to amend, alter, withdraw or terminate the program, in whole or in part, including, without limitation, any privilege or member status, at any time, without prior notice or compensation.
By taking part in this program, including by accepting to join, continuing their membership or using their The Simons card, each The Simons member (hereinafter "the member") agrees that they have read, understood and accepted these program Terms and Conditions (hereinafter "Terms and Conditions") and any changes La Maison Simons may make to them at any time and at its sole discretion.
The program is limited to natural persons and no company, association, trust or other entity is eligible for the program.
People fourteen (14) years of age or older may become members of the program on the condition that they provide a valid email address or, failing that, a valid telephone number. To become members, people who are fourteen (14) years of age or older but who have not yet attained the age of majority in their state or territory of residence must first receive authorization from a parent or guardian. The name on the account must be the member's legal name.
Registration in the program is done on an individual basis and is free of charge, and no purchase is required. To take advantage of the program benefits, a person must become a member and complete their registration to confirm their enrolment. To do so, they must acquire a virtual or physical The Simons card in store or online at simons.com, then complete the activation process by following the instructions at simons.com/activate. Each person may only have one account.
To earn points on purchases, members must have activated their The Simons account, and present their The Simons card when making purchases in store or log into their simons.com account before making online purchases. Each U.S. dollar in purchases earns one (1) point, deposited into the account within forty-eight (48) hours after the transaction. In case of a refund, all points awarded for that purchase will be automatically deducted from the account.
Points earned and all other program benefits belong solely to the member and may not, under any circumstances, be transferred, exchanged, bequeathed or otherwise transmitted. For each transaction, points can only be earned by one member. Points may be earned on all merchandise sold in Simons stores or online at simons.com, except delivery fees, postage and tax.
The program has three (3) membership tiers (hereinafter "the tiers"): a) Enthusiast; b) Connoisseur; and c) Insider. Eligibility criteria for each tier are as follows:
Each member's annual purchase level is calculated from November 1 to October 31. The Enthusiast tier represents the base membership level; once a member satisfies the eligibility criteria for the higher Connoisseur and Insider tiers, this tier promotion comes into effect within ten (10) days and will remain in effect until October 31 of the following year. If the member once again satisfies the eligibility criteria by October 31, they will maintain their higher status until October 31 of the following year; otherwise, they will be reclassified to the appropriate status level as of November 1, based on their annual purchases. At any time throughout the year, a member may qualify or requalify for a higher tier once they have met the eligibility criteria; a member can only be reclassified to the a lower status level once per year, on November 1. The privileges associated with each tier cannot be granted retroactively and may be modified at any time, in whole or in part.
Welcome gift: For a period of ten (10) days after The Simons account's activation, the member can earn double points on eligible purchases, i.e. two (2) points per U.S. dollar spent. After this period, the regular earning rate comes into effect.
Birthday gift: During the member's birthday month, the member can earn double points, i.e. two (2) points per U.S. dollar spent, on their largest eligible transaction. This offer applies to only one (1) transaction, which must have been made during the birthday month in question to be eligible. The purchase earning double points is identified once the birthday month is over, after which the bonus points are deposited into the member's account within forty-eight (48) hours.
To enjoy all their benefits, members must have activated their The Simons account.
As well as allowing members to earn one (1) point per U.S. dollar in purchases, the program offers the following benefits, according to the member's tier:
Each November, members will receive a rewards card (the "rewards card") if they've accumulated a minimum five hundred (500) points. The rewards card amount is rounded down to the nearest U.S. dollar and corresponds to two percent (2%) of total points accumulated. Applicable taxes are included in the nominal value of this card. If the minimum amount of points required to qualify for a rewards card is not reached or if a balance of points remains after points are converted into a rewards card, all unused points will carry over to the following year.
The points earned by a member are valid as long as the member's account remains active. To remain active, the account must be the subject of at least one (1) point accumulation per period of thirty-six (36) months. If an account remains inactive after thirty-six (36) months, all points earned will be lost and the account balance will return to zero (0).
In the event that a The Simons card is lost, stolen or damaged, a member may order a new card free of charge by calling Simons customer service at 1-877-666-1840.
La Maison Simons and its directors and officers disclaim all liability for any inconvenience, such as losses, damages or fees that may arise, directly or indirectly, from: a) the program or the enrolment of a member in the program; b) any breach, delay or decision on the part of La Maison Simons in the operation of the program, the amendment of these Terms and Conditions or the manner in which rewards are earned; c) the unauthorized use of a The Simons card or rewards card; d) any offer, representation, statement or claim related to the program, or a supplier, product or service; or e) the purchase or use of products or services offered by La Maison Simons.
La Maison Simons reserves the right to modify the present Terms and Conditions, as well as any aspect of the program, at any time and without prior notice. If a member: a) fails to comply with these Terms and Conditions; b) abuses the privileges afforded them under the program; c) behaves in a prejudicial manner towards the program; d) commits a fraudulent act; e) makes a false declaration or provides false or misleading information to La Maison Simons; or f) dies; La Maison Simons reserves the right to terminate their membership in the program, close their account, cancel points contained in the account and/or cancel any rewards card. Any point or rewards card that expires or is cancelled for any reason whatsoever becomes void without compensation.
La Maison Simons assumes no contractual or legal responsibility to its members.
The accumulation of points does not entitle members to any vested rights and members may not rely on the continued availability of privileges or other benefits.
La Maison Simons may occasionally communicate information, services and special offers by mail or email using the contact information provided by members in their profile. Any member who does not wish to receive these communications may indicate so on their online profile or by contacting Simons customer service at 1-877-666-1840.
Each member is responsible for informing La Maison Simons of any change to their personal information by modifying their online profile or by calling Simons customer service at 1-877-666-1840. La Maison Simons shall not be liable for misdirected communications such as mail or email, or any consequences thereof.
Members are responsible for keeping up to date on program terms and conditions and their points balance at simons.com. La Maison Simons shall not attempt to communicate statement and/or other program and/or promotional information to members. La Maison Simons shall have no liability for any failure to do so.
La Maison Simons shall be the final authority as to the interpretation of the Terms and Conditions of The Simons loyalty program.
The Simons loyalty program shall be governed and interpreted by the laws of Quebec and the laws of Canada applicable therein without giving effect to their conflict of laws principles. Every member expressly consents to the exclusive forum, jurisdiction and venue of the courts of Quebec and/or the Federal Court of Canada in Quebec, or any other judicial district or jurisdiction as La Maison Simons may determine in any or all actions, disputes or controversies relating hereto. Any disputes regarding the program or in any way arising out of the accumulation of points, the awarding of privileges, or the issue of a rewards card shall be submitted to the courts of Quebec, which shall have exclusive jurisdiction to hear such disputes.
No waiver by either La Maison Simons or the member of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.