Membership & Loyalty Program Terms and Conditions

THE FURNITURE GALLERY – MEMBERSHIP & LOYALTY PROGRAM TERMS & CONDITIONS

1. DEFINITIONS

In this document (Terms & Conditions), any undefined terms have the same meaning given in the Furniture Gallery’s Standard Terms and Conditions [https://thefurnituregallery.com.au/pages/terms-conditions].

2. GENERAL

2.1. You can sign up to our membership and loyalty program (Membership & Loyalty Program) through our App.

2.2. Our Membership & Loyalty Program provides access to loyalty points, discounts and other rewards which can be redeemed through your card (Membership & Loyalty Card).

2.3. By using the App and signing up to the Membership & Loyalty Program, you agree to be bound by these Terms & Conditions.

2.4. We may vary these Terms & Conditions at any time in accordance with clauses 8 and 9. Your continued use of the App and participation in the Membership & Loyalty Program constitutes your acceptance of the varied Terms & Conditions.

3. ELIGIBILITY

3.1. To use the App and be eligible for the Membership & Loyalty Program, you must:

(a) be an individual aged 18 years or older;

(b) reside in Australia;

(d) have a verifiable mobile number; and

(e) have a verifiable email address.

3.2. You must not register multiple subscriptions. You can only have one subscription to the App and Membership & Loyalty Program.

3.3. Subscription to the Membership & Loyalty Program is subject to our acceptance and approval of your application. A subscription is only established upon our receipt, acceptance and approval of the original application. We may refuse any application at our absolute discretion.

3.4. Your subscription to the Membership & Loyalty Program is considered activated when your details have been fully completed using the App. You will receive notification of activation via SMS to their registered phone number, email or post.

4. YOUR DETAILS

4.1. It is your responsibility and a condition of your subscription to the Membership & Loyalty Program to ensure your details (including the details outlined in clause 3.1 above) within the App are accurate, current and complete.

4.2. We reserve the right to refuse to offer any loyalty points, discounts or rewards if you are unable to be identified as a subscriber to the Membership & Loyalty Program.

4.3. By using the App, you consent to your details being uploaded to your personal account on the Website.

5. MEMBERSHIP LEVELS

5.1. The Membership & Loyalty Program is tiered according to the number of points you accrue by transacting with us. There are four tiers to the Membership & Loyalty Program – ‘Black Tier’, ‘Silver Tier’, ‘Gold Tier’ and ‘Platinum Tier’.

5.2. Your subscription to the Membership & Loyalty Program comes with a Black Tier Membership & Loyalty Card. To progress:

(f) from Black Tier to Silver Tier, you must reach 100,000 loyalty points;

(g) from Silver Tier to Gold Tier, you must reach 375,000 loyalty points; and

(h) from Gold Tier to Platinum Tier, you must reach 750,000 loyalty points,

where $1 is equal to 12.5 loyalty points. For example, if you make a purchase totalling $1,000, you will earn 12,500 loyalty points.

5.3. When you progress up a tier, you will be provided a Membership & Loyalty Card for that tier, and unlock its discounts and rewards.

6. LOYALTY POINTS, DISCOUNTS AND OTHER REWARDS

6.1. You may earn loyalty points, discounts and other rewards only in relation to:

(a) eligible purchases made after the date you subscribed to the Membership & Loyalty Program; and

(b) your membership tier.

6.2. We may, in our sole discretion, determine your entitlements to loyalty points, discounts and other rewards under the Membership & Loyalty Program. Such entitlements may include (without limitation):

(a) communications from us;

(b) special promotional offers;

(d) loyalty points;

(e) discounts; and

(f) other rewards.

6.3. Loyalty points, discounts and other rewards cannot be exchanged or redeemed for cash in any circumstances.

6.4. A combination of cash, discounts and other rewards can be used to purchase Goods from our App.

6.5. The discounts and rewards of the Black Tier include:

(a) an initial bonus 250 loyalty points;

(b) the ability to earn 500 loyalty points for leaving a review on Goods you purchased (reviews must be genuine, both positive and negative reviews are valid);

(d) interior design help in store.

6.6. Subject to clause 6.7, the discounts and rewards of the Silver Tier include:

(a) 10% off homewares anytime you shop;

(b) 10% off cushions anytime you shop;

(d) 10% off rugs anytime you shop;

(e) 10% off accent chairs anytime you shop;

(f) 20% off manchester and bed linen anytime you shop;

(g) 20% off ‘SLIP’ products anytime you shop;

(h) the ability to earn 500 loyalty points for leaving a review on Goods you purchased (reviews must be genuine, both positive and negative reviews are valid);

(i) early notifications of special deals and events; and

(j) interior design help in store.

6.7. Clauses 6.6(a)–(g) above do not apply during our sales events. During sales events, Silver Tier Membership & Loyalty Card holders will instead receive a 5% discount on top of the already discounted item.

6.8. Subject to clause 6.9, the discounts and rewards of the Gold Tier include:

(a) 15% off homewares anytime you shop;

(b) 15% off cushions anytime you shop;

(d) 15% off rugs anytime you shop;

(e) 30% off manchester and bed linen;

(f) 30% off ‘SLIP’ products;

(g) 10% off artwork;

(h) 10% off florals;

(i) 10% off Glasshouse candles and fragrances;

(j) 10% off accent chairs anytime you shop; and

(k) early access to a list of products and prices for warehouse sales.

6.9. Clauses 6.8(a)–(j) above do not apply during our sales events. During sales events, Gold Tier Membership & Loyalty Card holders will instead receive a:

(a) 10% discount on top of already discounted homewares, cushions, soft furnishings, manchester and bed linen, and rugs; and

(b) 5% discount on top of already discounted artwork, florals, ‘SLIP’ products, Glasshouse candles and fragrances.

6.10. Subject to clause 6.11, the discounts and rewards of the Platinum Tier include:

(a) 20% off homewares anytime you shop;

(b) 20% off cushions anytime you shop;

(d) 20% off rugs anytime you shop;

(e) 30% off manchester and bed linen;

(f) 40% off ‘SLIP’ products;

(g) 20% off artwork;

(h) 30% off florals;

(i) 30% off Glasshouse candles and fragrances;

(j) 15% off accent chairs anytime you shop; and

(k) early access to the list of products and prices for warehouse sales.

6.11. Clauses 6.10(a)–(j) above do not apply during our sales events. During our sales events, Platinum Tier Membership & Loyalty Card holders will instead receive a:

(a) 10% discount on top of already discounted homewares, cushions, soft furnishings, manchester and bed linen, rugs and artwork; and

(b) 5% discount on top of already discounted florals, ‘SLIP’ products and Glasshouse candles and fragrances.

6.12. You will gain access to the discounts and other rewards at a membership tier one day after the date you reach that membership tier. For example, if you accrue 100,000 loyalty points by purchasing Goods on 30 June 2023, you will gain access to the discounts and other rewards at the Silver Tier on 1 July 2023.

6.13. Our Warranty & Returns Policy [https://thefurnituregallery.com.au/pages/warranty-returns-policy] does apply in relation to the return of Goods purchased using loyalty points, discounts or other rewards. However, if the original purchase of the Goods resulted in you receiving loyalty points for that transaction, the accrued loyalty points for the original purchase will be forfeited upon the return of those Goods.

6.14. If you return any Goods (in accordance with our Warranty & Returns Policy) purchased using loyalty points, discounts or other rewards, it will not result in a cash refund. Instead, you will be refunded in the proportion of loyalty points, discounts or other reward used in the purchase.

6.15. Notwithstanding anything in these Terms & Conditions, nothing will prevent us from:

(a) offering promotional offers to individuals who are not subscribers to the Membership & Loyalty Program;

(b) making changes to the way in which loyalty points, discounts and other rewards are earned and redeemed; and

6.16. We reserve the right to exclude certain rewards, Goods and services from the Membership & Loyalty Program.

6.17. Loyalty points, discounts and other rewards will not expire unless your subscription has been terminated. Loyalty points, discounts and other rewards will not be recredited if they have expired.

6.18. We reserve the right to reverse or cancel any loyalty points, discounts or other rewards provided to you incorrectly, by error, or not in accordance with, or in breach of, these Terms & Conditions.

7. ACCESS

7.1. Your subscription to the Membership & Loyalty Program, and any loyalty points earned with that subscription, are not transferable under any circumstances.

7.2. The App and your subscription to the Membership & Loyalty Program must only be accessed and used by you directly.

7.3. You must not share your subscription with third parties or use your subscription to resell our Goods to third parties.

7.4. You are responsible for the safe keeping of your App details. We will not be liable for any unauthorised use of the App or Membership & Loyalty Program.

7.5. You are responsible and liable for anyone else’s use of the App on your device.

7.6. It is your responsibility to contact us if you discover any unauthorised activity. Please refer to our Privacy Policy ([https://thefurnituregallery.com.au/pages/privacy-policy]) for our contact details.

8. AMENDMENTS

8.1. In our absolute discretion, we may at any time, in accordance with these Terms & Conditions:

(a) amend any aspect of the loyalty points, discounts and other rewards available under the Membership & Loyalty Program;

(b) amend these Terms & Conditions.

9. NOTICE

9.1. We may need to amend these Terms & Conditions to, for example, reflect operational improvements and compliance with laws.

9.2. Prior to making any amendment, we will use reasonable endeavours to notify you of changes to these Terms & Conditions by providing SMS notice to your registered phone number.

9.3. If an amendment is more urgent due to, for example, an unexpected operational change or event beyond our control, we will provide subscribers as much notice as practicable in the circumstances.

9.4. It is your responsibility to check the Website and your registered phone number for notice of amendments to these Terms & Conditions.

10. TERMINATION

10.1. You may terminate your subscription to the Membership & Loyalty Program at any time in the App, within your account settings.

10.2. If you terminate your subscription to the Membership & Loyalty Program, you will no longer have access to loyalty points, discounts and other rewards. Any loyalty points, discounts and other rewards accrued at the date of termination will be forfeited and cannot be redeemed.

10.3. We may suspend your subscription to the Membership & Loyalty Program by providing 14 days’ notice to your registered phone number if we reasonably suspect that:

(a) your account information (including the details outlined in clause 3.1) are not accurate, current and complete;

(b) your use of the App and subscription to the Membership & Loyalty Program is in or is likely to be in breach of these Terms & Conditions;

(d) any loyalty points, discounts or other rewards were obtained by fraud, unauthorised use or abuse;

(e) you have been inactive for three years or longer, where ‘inactive’ includes, among other things, logging into the App or transacting;

(f) you have used your Membership & Loyalty Card for the purchase of Goods for people who are not in your immediate family; or

(g) you have defamed, abused or deceived other customers, us or our staff,

(Material Breach).

11. MATERIAL BREACH

11.1. If we suspend your account under clause 10.3, we will notify you of the reason for that action over SMS to your registered phone number. You may respond to the notice during the 14-day notice period, providing reasons why we should not take action. We will review the response and advise of a decision, which is final and may include:

(a) removing the suspension with no further action;

(b) reverse, cancel or reverse and cancel some or all of the loyalty points, discounts or other rewards;

(c) cancel, suspend or refuse to honour any loyalty points, discounts or other rewards that have been redeemed by or provided to you; or

(d) terminate your membership.

11.2. If your subscription to the Membership & Loyalty Program has been terminated or suspended by us as a result of a Material Breach, we do not warrant that your subscription details will be kept or retrieved. You may, however, be eligible to reapply for a new subscription, subject to the Terms & Conditions in force at the applicable time.

11.3. We give no warranty as to the continuing availability of the App and Membership & Loyalty Program. We may terminate or suspend the App and Membership & Loyalty Program at any time upon one month’s notice to your registered phone number, except if we cease to operate as a business in which case the App and Membership & Loyalty Program will cease immediately.

11.4. In the event we terminate or suspend the App and Membership & Loyalty Program, you are entitled to redeem and use any loyalty points, discounts or other rewards accrued at the date or termination or suspension during the one month notice period, except if we cease to operate as a business in which case any loyalty points, discounts or other rewards will cancelled immediately.

11.5. Subscription to the Membership & Loyalty Program will terminate automatically on your death. All loyalty points, discounts and other rewards earned but not yet redeemed will be cancelled with effect from the date of death. We are not liable for any Loss suffered by any person as a result of such cancellation.

12. INTELLECTUAL PROPERTY

12.1. All title to, ownership of, rights and intellectual property rights in the App remain with us.

12.2. You must not use or reproduce any of our copyright material, trademarks, service marks, patents or other proprietary rights or material.

13. LIABILITY

13.1. To the extent permitted by applicable legislation, clause 12 of the Furniture Gallery’s Standard Terms and Conditions ([https://thefurnituregallery.com.au/pages/terms-conditions]) applies to these Terms & Conditions.

14. ACCEPTABLE USE

14.1. You must use the App and subscription to the Membership & Loyalty Program in accordance with these Terms & Conditions, our Standard Terms and Conditions ([https://thefurnituregallery.com.au/pages/terms-conditions]), and Privacy Policy ([https://thefurnituregallery.com.au/pages/privacy-policy]), as amended from time to time.

15. FURNITURE GALLERY’S STANDARD TERMS AND CONDITIONS

15.1. These Terms & Conditions should be read alongside our Standard Terms and Conditions. Our Standard Terms and Conditions applies to these Terms & Conditions.

15.2. You should not use our Website, App or Membership & Loyalty Program if you have not read and agreed to the Standard Terms and Conditions.

16. FURNITURE GALLERY’S PRIVACY POLICY

16.1. Our Privacy Policy ([https://thefurnituregallery.com.au/pages/privacy-policy]) describes how we manage the collection, disclosure and use of personal information. Our Privacy Policy, as amended from time to time, should be read alongside these Terms & Conditions.

16.2. You should review the Privacy Policy and not use our Website, the App, the Membership & Loyalty Program or place any Orders if you do not consent to the collection of your personal information.

16.3. This clause 15 survives termination of these Terms & Conditions and the termination or suspension of your subscription to the Membership & Loyalty Program.

Membership & Loyalty Program Terms and Conditions

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