ELK

Promotional Terms & Conditions

REWARDS PROGRAM TERMS & CONDITIONS*

OCTOBER 2022 

As an ELK Account holder you are automatically a member of ELK Rewards. If you would like to opt out, please contact our Customer Service Team via email hello@elkthelabel.com or phone +61 9478 1800 who will remove you from any ELK Rewards communication.

The ELK Rewards program is available to customers after joining the Rewards Program. 

The ELK reward program offers are redeemable: 

  • From the date the customer joins the Rewards Program
  • On full-priced and permanent mark down sale items only
  • Online at elkthelabel.com, nz.ekthelabel.com and ELK stores
  • By selecting the reward at checkout, provided on a confirmation page after joining the Rewards Program

The offers are not redeemable: 

  • At ELK Clearance stores
  • In conjunction with any other offer, unless otherwise stated
  • On promotional sale items 
  • On any promotional offers including those requiring a discount code
  • For cash, to purchase gift cards or against a lay-by or prior purchase
  • For customers who are not randomly selected to receive the offer when they join the Rewards Program
  • On the elkthelabel.com international website

The ELK Rewards program is subject to our General Terms and Conditions, Delivery, Returns, Loyalty Program and Privacy Policies available at au.elkthelabel.com. For any queries regarding the ELK Rewards program (AUS) please contact the ELK Customer service team via email hello@elkthelabel.com or phone +61 9478 1800. 

DEFINITIONS 

"Anniversary" means 12 months from a Member’s Join date. 

"ELK" means ELK Accessories Pty Ltd ABN 15 131 200 738 its related entities and its authorised representatives. 

"ELK Membership" means the ELK Rewards Member login allocated to the Member. 

"ELK Rewards Program" means the Rewards program operated by ELK providing Members with access to Rewards in accordance with these Member Terms and Conditions. 

"Effective Date" means  28th October 2022. 

"Join Date" means the date a Member joins the ELK Rewards Program. 

"Member" means individuals who successfully sign up to the ELK Rewards Program. 

“Advocates” means individuals who successfully sign up to the ELK Rewards Program and use the Refer a Friend incentive. 

“Friends” means individuals who are referred to ELK Rewards by an “Advocate”. 

"Member Emails" means emails that are sent from ELK to a Member including emails about the individual’s membership, the ELK Rewards 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. 

"ELK Store To Your Door" means an online order placed on behalf of a Member by ELK staff where a full priced item is not available in-store. 

"Rewards" means Rewards or other benefits given to Members because of purchasing behaviours, incentives and/or promotions. 

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

"Valid Purchases" means all purchases except for delivery costs and selected merchandise which ELK determines will not be eligible towards earning Rewards. Any purchases which are returned for a refund will not constitute Valid Purchases. Purchases of ELK merchandise made at any other retailer will not constitute Valid Purchases. 

"Website" refers to the ELK website au.elkthelabel.com.au and nz.elkthelabel.com where details of the ELK Rewards Program (including the most up to date Terms and Conditions) can be found and where Members can monitor their Member Profile. 

Clearance” refers to ELK Clearance stores whether in a physical location or online. 

Permanent Sale” refers to items that have been permanently marked down excluding items in ELK Clearance.  

Promotional Sale” refers to items that have been marked down for a limited time only and will revert to their original price after the promotional period ends.  

GENERAL 

  1. The Member Terms and Conditions document the operation of the ELK Rewards Program, the use of the ELK Membership and any promotional activity and member transactions that arise because of the ELK Rewards Program.
  2. Individuals who join the ELK Rewards 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 ELK in its absolute discretion. Any modification to the Member Terms and Conditions may be applied to a Member
  4. ELK will not accept any liability for any Member Email that is misdirected, lost or not received.
  5. ELK will not accept any liability for any Technical Issues that may cause damage to any computer related to or used in connection with the ELK Rewards Program.
  6. ELK may collect personal information from Members for the purpose of facilitating the ELK Rewards Program. Personal information will be handled in accordance with ELK’s Privacy Policy
  7. ELK reserve the right to cancel, terminate, modify or suspend the ELK Rewards Program or any aspect of it or at its election, to pay-out any Rewards, reset Spend Balances, at any time and without notice. Without limitation to the foregoing rights, ELK reserve the right to transfer Members to such other loyalty or Rewards program owned, operated, managed or administered by ELK, its ‘related bodies corporates’ or ‘associated entities’ as those terms are defined in Corporations Act 2001.
  8. ELK may, at any time and in its absolute discretion, require a Member to provide to ELK proof of identification (in a form requested by ELK) for ELK 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 ELK Rewards Program.
  9. ELK will not be liable for any tax liability incurred by a Member in connection with the ELK Rewards 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 ELK policies and or terms and conditions.
  11. ELK’s decision in relation to all matters arising in relation to the ELK Rewards Program is final and binding.
  12. Any failure or delay by ELK in exercising its rights under these terms does not constitute a waiver of those rights. Any waiver by ELK must be in writing and signed by an authorised officer of ELK.
  13. 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 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 

  1. Membership of the ELK Rewards Program is open to individuals who are 18 years or older with a unique email address.
  2. An individual becomes a Member as at the Join Date.
  3. An individual is deemed to be a Member when they sign up in store or online and or use their ELK Membership to earn or redeem Rewards.
  4. When joining in-store, a sales consultant will record the individual’s full name and email address 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 Profile including their email, surname, birthday, phone and postal address. If a Member has not provided or updated ELK with correct details, ELK may not be able to contact the Member about their membership, Rewards, special offers or entry to competitions.
  5. Applications may also be completed online by following the prompts in the checkout process.
  6. Any Members who were Members prior to the Effective Date will be allocated to an ELK Rewards Program 
  7. At any time, Members may only have one account to the ELK Rewards Program.
  8. Members may not transfer their account or Rewards to another person.
  9. ELK reserves the right to modify, refuse or terminate a Member’s account to the ELK Rewards Program without notice or reason and at its absolute discretion.
  10. A Member may end their membership at any time by contacting ELK’s Customer Service team via email hello@elkthelabel.com or phone +61 9478 1800. By joining the ELK Rewards Program, an individual consents to ELK contacting them to provide them with consumer or marketing information and notifying them of Rewards or other products and special offers.

ELK THE LABEL MEMBERSHIP  

  1. Members may record spend and otherwise utilise the benefits of the ELK Rewards Program for purchases in store, providing an email address and form of identification displaying the Member’s name and address; or for purchases online, logging into their ELK Rewards Program account on the Website.
  2. Only one ELK Membership can be presented for each transaction.
  3. If ELK invites a Member to a special event they may be required to show their photo identification to gain entry or any applicable offers or discounts.

EARNING ELK THE LABEL REWARDS 

  1. The ELK Rewards Program operates by attributing different Rewards (as nominated by ELK from time to time) 
  2. When a Member completes a transaction in-store and identifies themselves in-store by presenting their photo identification or online by logging into their online Member account, the net amount of the Valid Purchase is added to their points balance.
  3. Where a Valid Purchase is made in store, points will be issued to the account approximately 48 hours after the Valid Purchase is made.
  4. The currency in which Rewards are earned will be in AUD unless your country of residence in your Member Profile is New Zealand. For example, a Valid Purchase made in New Zealand will earn Rewards in NZD.
  5. At its sole discretion, ELK may update a Member account with a Reward as a consequence of a purchasing behaviour, incentive and/or promotional activities.
  6. ELK 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.
  7. 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.
  8. Rewards cannot be earned using other Rewards as part of the transaction.
  9. If a Membership is terminated from the ELK Rewards Program, all outstanding and future Rewards will no longer be valid and will be rendered null and void.
  10. When a Member returns a purchase for a refund in-store or via post, the net amount of the transaction will be deducted from the Member's Points and the Reward that was previously awarded will be adjusted or reversed
  11. If an online order is cancelled, ELK will adjust or reverse Rewards that were previously awarded to a Member in that transaction.
  12. Members can view their Rewards at any time by logging into their account online on the Website.

REDEMPTION OF REWARDS 

  1. Rewards can only be redeemed in store at ELK in Australia and or online at elkthelabel.com and nz.elkthelabel.com. Rewards cannot be redeemed in ELK Clearance stores including Online Clearance events or offers or ELK Stockists.
  2. To redeem any applicable Reward when transacting online on the Website, a Member must ensure they are logged into a valid account.
  3. The currency in which Rewards are redeemed will be based on the location of the redeeming store. 
  4. Rewards cannot be redeemed in conjunction with any other offer unless otherwise indicated.
  5. Rewards cannot be redeemed as payment for any part of a layby purchase
  6. Rewards can be redeemed as payment for Afterpay purchases at the time of purchasing before the first Afterpay payment takes place.
  7. Points do not have an expiry date ELK reserves the right to change the expiry date of any Reward or Points at any time without notice.
  8. Only one Reward from one ELK Rewards program can be redeemed per transaction.
  9. ELK will not be held responsible or liable if Rewards are lost, stolen or 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.
  10. Rewards can only be redeemed once.
  11. ELK reserves the right in its absolute discretion to exclude certain items and promotions from being redeemed by using Rewards.
  12. Returns: If a customer wishes to return a purchase for reasons other than that the goods are faulty or misdescribed:
  13. any Reward redeemed or utilised during the original purchase that is being refunded will be forfeited;
  14. any Reward redeemed or utilised during the original purchase can be honoured for an exchange if the exchange takes place on the same day as the return; and is of equal value or higher of the original transaction prior to any discount and/or Rewards applied, otherwise it will be forfeited.;

REFER A FRIEND  

  1. By participating in ELK’s Refer a Friend Referral Program, the Program allows Advocates to share an Offer of giving and receiving a $10 voucher when the friend they refer becomes a member of ELK Rewards and uses their $10 voucher. To Refer a Friend, the Advocate shares an ELK generated personalised link with their Friend/s. 
  2. Subject to these Offer Terms, and as described below, Advocates and Friends will be able to obtain an online discount code (“Reward Code”) that they can redeem with ELK online or instore.
  3. Advocates can only refer a friend that has not been or is not a member of ELK Rewards.
  4. Offer terms are subject to change.