1. Who can join:
Membership of the Program is open to residents of Australia aged 18 years or over. Participation in this Program constitutes acceptance of these terms and conditions. Your membership is personal to you and must only be used by you.
2. How to join:
To become a member of the Program, please:
(a) Provide your name, valid email address, date of birth (if you wish to receive the birthday reward) and mobile phone number, either in store or at forevernew.com.au; and
(b) In accordance with section 8 below, confirm your agreement to receive marketing communications, news and other information relating to Forever New.
Customers who have online accounts with Forever New as at the commencement of the Program will be enrolled in the Program and do not need to do anything further. Forever New may require you to provide suitable identification at the time of joining the Program or to confirm your identity when redeeming Rewards and Offers or to ensure that your membership is not used fraudulently or otherwise in breach of these terms and conditions. The Program is for your own personal use only; it is not transferable and must not be used for commercial purposes. There is no cost to join the Program.
3. What are the Rewards?
Members will receive the following benefits:
(a) Choose Your Sale Day: If you have spent more than $200 on merchandise (excluding gift cards and after any savings and discounts) within 12 months of the date of each anniversary you joined the Program, you will receive 20% off any single transaction of full priced merchandise of your choice on the day of your choice. This offer is only available once for each year of your membership. If eligible, this Reward will be loaded onto your account a short time after you have qualified for it. You may redeem this Reward at any time within each year of your membership; the Reward will expire and be forfeited if it is not redeemed within this period. This reward cannot be used with any other offers.
(b) Birthday reward: You will receive one (1) $25 birthday discount, which may be redeemed when spending $100 or more on any full priced merchandise (excluding gift cards) of your choice. This Reward will be loaded onto your account approximately 1 week before your birthday and is valid for 1 month from the date of issue. This reward cannot be used with other offers.
(c) Spend and Earn: You will receive one (1) $50 discount on your next full priced purchase, for every $500 you spend on merchandise (excluding gift cards and after any savings or discounts) within 12 months, commencing on the date you become a member of the Program, and thereafter on each anniversary of your membership. This Reward is valid for 1 month from date of issue. This Reward will be loaded onto your account after you have spent the qualifying amount. Your spend balance will revert to zero on each membership anniversary and is not cumulative. This reward cannot be used with other offers.
(d) Exclusive priority access to Forever New sales; new collections; news and events issued in Forever New’s discretion.
(e) Invitations to in-store events from time to time issued in Forever New’s discretion.
(f) Style Profile: Receive personalised style profile and style tips to find looks tailored for you.
In these terms and conditions, these benefits are collectively referred to as ‘Rewards’. Additional Offers and benefits may be issued to some or all members in Forever New’s discretion. Loyalty points and Loyalty vouchers can only be earned and redeemed in the country that you joined up in.
4. Rewards and Offers Terms and Conditions
(a) Qualifying purchases can only be made at Forever New stores in Australia or online at forevernew.com.au. Purchases made outside Australia or from department stores or third party websites are excluded from the Program.
(b) Rewards and Offers may only be redeemed at Forever New stores in Australia or online at forevernew.com.au.
(c) Rewards and Offers are not transferable or exchangeable for cash; are valid for one transaction; cannot be used to buy gift cards; cannot be used to pay delivery fees; are forfeited if the purchase is returned (unless returned because it is faulty or as required by law); and automatically expire on the stated date. No change will be given for any unused portion of a Reward or Offer. Lost or stolen Rewards or Offers will not be replaced.
(d) Forever New reserves the right to amend or stipulate additional terms and conditions for any Program Rewards or Offers, which will be provided at the time of each Reward or Offer.
(e) Forever New reserves the right to limit the total value of Rewards to AUD500 per member per annum.
5. How to earn rewards:
Every time you shop at Forever New and provide your email address or mobile phone number in store or log into your online account when shopping online with your email address, the amount of your purchase (excluding any gift card purchases or delivery costs) will be recorded against your membership. Please allow up to 72 hours for details of your purchase to be allocated to your membership and up to 72 hours for any Rewards or Offers to be issued. Purchases using gift cards, rewards, vouchers or other non-monetary methods as payment do not qualify to earn Rewards or Offers.
Your loyalty account can hold Rewards and Offers to a maximum total value of $5000 only.
Forever New will endeavour to notify you when you become eligible to receive a Reward, however does not accept liability for any failure to do so. You may also check if you are eligible to receive a Reward by logging in to your account or checking your balance in store. The amount of any purchases made using a Reward will not be added to your account.
If you return any item, the amount of the purchase price will be deducted from your account spend balance. If you return an item purchased using a Reward or Offer, the Reward or Offer will be forfeited, except where merchandise is returned because it is faulty or otherwise as required by law. If an item purchased using a Reward or Offer is returned because it is faulty or otherwise required by law, a new equivalent Reward or Offer will be issued and made available on your account within 72 hours. The equivalent Reward or Offer will be valid for 3 months from the of date of issue and otherwise subject to the same terms and conditions as the original Reward or Offer. You will be able to keep any Reward or Offer that may have been earned from a purchase that is then returned because it is faulty or as required by law, but the amount of the return will be deducted from your account, which may result in a negative balance.
7. Limitation of Liability
Forever New and its associated agencies and companies are not responsible for any problems, delays, or inability to operate this Program; any liability for emails which are misdirected, not received or lost; or any technical malfunction beyond Forever New’s control. To the maximum extent permitted by law, Forever New excludes all liability for any loss (including indirect or consequential loss), damage, personal injury, or death which is suffered or sustained in connection with this Program. This Program and related services are provided to you on an “as is” basis without warranties of any kind, either express or implied under laws other than those that cannot be lawfully excluded, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. From time to time, there may be information on the Forever New website or in other promotional materials that contains typographical or other errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Forever New reserves the right to correct any errors, inaccuracies or omissions and to change or update information.
9. Suspension or termination of membership:
(a) By Forever New: Forever New may suspend or terminate a membership at any time in its discretion, if it has reason to believe that a member has not complied with these terms and conditions.
(b) By you: you may withdraw from the Program and delete your account at any time by contacting the Forever New Customer Service Team. If you no longer wish to receive marketing emails from Forever New, please log in to your account online and opt out of the Program via the online preference centre; or you can do this in store. Please allow up to 5 days for Forever New to give effect to a request to a terminate a membership.
Any Rewards and spend balances will be automatically cancelled and forfeited on termination.
10. General Terms and Conditions:
(a) No transfer: Membership accounts or Rewards or Offers cannot be assigned, transferred or combined with other accounts, except you may transfer your balance and Rewards from one Forever You Rewards account to another Forever You Rewards account, as long as both accounts are yours.
(b) Errors: Forever New reserves the right to cancel or reverse any Rewards or Offers issued in error or remove any transaction which has been cancelled or reversed or where Forever New reasonably believes fraudulent or inappropriate conduct has occurred.
(c) Discontinuation: Forever New may at any time by notice to members, amend, discontinue, withdraw or terminate the Program at any time.
(d) Variations: Forever New may amend these terms and conditions at any time by publishing them on the Forever New website (forevernew.com.au).
(e) Waiver: Any delay or failure by Forever New in exercising its rights under these terms and conditions does not constitute a waiver of those rights, unless such waiver is in writing and signed by an authorised representative of Forever New.
(f) Changes to your details: To ensure you receive information about the Program, please advise Forever New of any changes to your name or contact details. Forever New may request that you provide additional information to verify these changes.
(g) Currency: All amounts stated in these terms and conditions are in Australian dollars.
(h) Governing law: These terms and conditions are governed by Australian law.
(i) Interaction with other terms: These terms and conditions are additional to any other terms and conditions and policies that apply to your purchases, return of goods, use of the Forever New website or any other voucher, discount, or offer of Forever New.
11. When does the Program start?
This Program commences in Australia on 1 December 2018 in-store and on 4 December 2018 online, so any purchases you make before this date are not included. This Program commences in New Zealand on 29 November 2018, so any purchases you make before this date are not included. These terms and conditions were changed on 6 December 2019 so any Rewards issued before that date will be honoured in accordance with their respective terms provided at the time of issue.
12. Key terms
Some terms used in these terms and conditions have a particular meaning. This clause explains some of the key defined terms:
(a) Offers: An offer is any promotional benefit extended to you from time to time that is not a Reward.
(b) Rewards: A Reward is any loyalty benefit extended to you that is part of the standard loyalty program, as set out in Section 3.