L'ANGE HAIR VIP REWARDS LOYALTY PROGRAM
TERMS AND CONDITIONS
These Terms and Conditions are effective as of June 1, 2021
Welcome to L'ange VIP Rewards!
1. MEMBERSHIP ELIGIBILITY AND OVERVIEW
1.1. The L'ange VIP Rewards loyalty program ("Program") is a free rewards program offered by L'ange Hair, Inc. ("L'ange") to its customers on its site www.langehair.com (the "Site"). Membership in the Program ("Membership") is limited to individuals only for personal use and is limited to one account per individual offered at the sole discretion of L'ange Hair, Inc. ("L'ange,"
"we," "our" or "us"). These are the terms and conditions ("Terms and Conditions") which relate to participation the Program. You may be accessing our Site from a computer or mobile phone device and these Terms and Conditions govern your use of our Site and your conduct, regardless
of the means of access. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least eighteen years or older and who provide and maintain a valid email address are eligible to become members. This Program is not targeted at children or intended for
1.2. By joining the Program and becoming a Program member, you ("you," "your," or "Member"), agree that you have read, understood and agree to be bound by these Program Terms and Conditions and by any changes or modifications we may make. You should review these Terms and Conditions and the related policies and any FAQS frequently to understand the Terms and
L'ange reserves the right to change or modify any of the terms contained in the Terms and Conditions from time to time, at any time, without notice, and in its sole discretion. If L'ange decides to change these Terms and Conditions, L'ange will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms and Conditions will be effective upon posting of the revisions. Your continued use of or access to our Site following the posting of any changes to them constitutes acceptance of those changes. For this reason, you should frequently review these Terms and Conditions and any other applicable policies, including their dates, to understand the Terms and Conditions that apply to your use of the Site.
1.3. The L'ange VIP Rewards Program is only available on L'angeHair.com.
2. PROGRAM ENROLLMENT
2.1. Eligible individuals may enroll in the Program by visiting langehair.com and following the Program prompts to register for the Program.
2.2. You are required to provide your full name, email address, and postal code in order to enroll. If you enroll on the Site, you must also create a password in order to enroll. In order to access certain Program benefits and rewards, you will need to provide us with your birthday (day and month), but birthday is not mandatory for Program enrollment, and you must agree to the L'ange
VIP Rewards Terms and Conditions. You will also have the opportunity to provide us with your mobile phone number and mailing address, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
2.3. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms and Conditions, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet
provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
3. PROGRAM BENEFITS
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to earn points and also unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. You will receive points for every US Dollar spent on qualifying purchases on langehair.com and in addition to these purchases, we may offer more ways to earn and/or accelerate your points from time to time. Eligible purchases and other opportunities to unlock Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in marketing emails, social media, etc.). Once you have accumulated points and/or unlock a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier and/or based on the total number of points you have accumulated in a twelve-month period, which benefits may change from time to time and may be offered on a limited basis. VIP Points may be redeemed for a gift card and/or a reward if you have enough points for that specific reward. VIP Points have no cash value and can only be redeemed for gift cards and/or rewards. Visit our FAQS for a current list of available benefits.
3.2. The Program is a tier-based program determined by the amount a member has spent on qualifying purchases within a twelve-month period. There are three tiers of membership in the Program: Silver, Gold and Rose Gold. Achieving the next tier requires a minimum spend per year. Benefits may vary by tier and some tiers may have more benefits than others. L'ange may alter,
limit or modify the tier rules, regulations, benefits, eligibility for membership or any other feature of a particular tier may terminate a particular tier at any time.
Silver: All members are automatically Silver upon enrollment. A member will remain Silver until the minimum annual spend required to achieve Gold or Rose Gold is met.
Gold: Gold tier is met on those registered L'ange VIP members who spend a minimum of $250 during a twelve-month period. Customer will keep Gold status provided it meets the minimum spend required. After this twelve-month period, if a member does not requalify for the Gold tier, the member will revert to the status it qualifies for.
Rose Gold: Rose Gold tier is met for those registered L'ange VIP members who spend a minimum of $500 during one twelve-month period. Customer will keep Rose Gold status provided it meets the minimum spend required. After this twelve-month period, if a member does not requalify for the Rose Gold tier, the member will revert to the status it does qualify for.
3.3. For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member information at the time of purchase by logging into your account on the Site. To earn rewards and benefits, your purchase must be made on qualifying products and services. Qualifying purchases include regular priced merchandise and services, and excludes gift cards, sales tax, state fees, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, value sets, select premium products and services, and other specified products.
3.4. It's our hope that you redeem your VIP Points on a regular basis. All unredeemed VIP Points will expire when a program member has not engaged in VIP Point activity associated with that membership account (through purchase or redemption) for twelve months. If you have questions regarding the date of your last VIP Point activity or your last purchase, check your VIP page. If you feel VIP Points have been expired in error, please email Customer Service at
3.5. Benefits and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program account will be decreased or reversed, as applicable, if all or part of the purchase is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms and Conditions as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the
Program are the responsibility of the Member.
3.6. We reserve the right to change Program benefits, how you unlock each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
3.7. If you have concerns that a purchase or other activity was not properly applied to your account, please contact L'ange Customer Service at email@example.com
. Your email must specify your name, address, phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be
sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
3.8. Rewards cannot be exchanged or returned for another product or service, or a monetary refund.
3.9. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms. The products and services available on the Site are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from L'ange. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Conditions. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.
3.10 L'ange reserves the right to exclude individuals from the Program or remove VIP Rewards points from a member's account in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by L'ange), failure to follow any terms of the Program, inactivity for more than twelve months, any misrepresentation or any conduct detrimental to the interests of L'ange not otherwise protected by law may subject members to revocation or deduction of VIP Points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is nontransferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any VIP Points in your account will automatically expire. Neitheraccounts nor rewards may be shared or combined. Only the member paying for the products may accumulate benefits and rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.
4. MARKETING EMAILS
4.1. When you sign-up to be a member of the Program, you will receive VIP Rewards marketing emails containing member-only benefits and offers (including a complimentary birthday gift).
4.2. If you do not wish to receive these VIP Rewards marketing emails, you can manage your email preferences in your L'ange account profile online or unsubscribe using the link at the bottom of each VIP Rewards marketing emails.
4.3. If you opt out of receiving L'ange VIP Rewards marketing emails, you will continue to receive VIP Rewards transactional emails. These are sent a few times a year to notify you of your points balance or loyalty membership changes. If you decide to opt-out of the VIP Rewards Program, you will no longer receive VIP Rewards transactional emails.
5. TERMINATION AND MODIFICATION
5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms and Conditions, any FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
5.2. We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Terms or Conditions, membership inactivity for more than twelve
months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and Conditions and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards and/or benefits, may result in the revocation of your membership and make you ineligible for further participation in the
Program. If your membership is revoked, any points, rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on the Site.
6. Disclaimer of Warranties
L'ANGE IS PROVIDING THE SITE AND CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, OR CONTENT INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, L'ANGE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN ADDITION, L'ANGE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. L'ANGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools is" as is" and "as available" without any warranties, representations or Use of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
7. Limitation of Liability
EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE.
L'ANGE, ITS AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
You agree to indemnify, defend and hold L'ange (and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or any allegation thereof. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Site.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
10. No Waiver
The failure of L'ange to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact L'ange's ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Site or these
Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
11. Agreement to Arbitrate Disputes; Class Waiver; Waiver of Trial by Jury
Please read this Section carefully. It is part of your contract with L'ange and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Most customer concerns can be resolved quickly and to a customer's satisfaction by writing to
our customer service department at firstname.lastname@example.org
or L'ange, Attn: Customer Service, 19867 Prairie Street, Chatsworth, California 91311. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction; the terms of this Section govern dispute resolution between us.
All claims and disputes in connection with these Terms and Conditions or the use of any product or the Services provided by L'ange that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section. This Arbitration Agreement applies to you and L'ange, and to any of L'ange's licensors, suppliers, dealers or third-party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms and Conditions.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all
aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and L'ange, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim and shall have the authority to award monetary damages and to grant any non-monetary
remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and
binding upon you and L'ange.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and L'ange in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND L'ANGE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable that neither you nor L'ange are entitled to arbitration, claims and disputes shall be resolved in a court located in Los Angeles County, California.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: L'ange, Attn: Legal Department, 19867 Prairie Street, Chatsworth, California 91311.The Opt-Out Notice must be emailed no later than thirty (30) days after the date you first accept these Terms and Conditions by using the Site. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to the terms contained in Section 13 below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
This Agreement to Arbitrate will survive the termination of your relationship with L'ange.
12. Entire Agreement
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Services and the Site constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of the Terms and Conditions).
13. Governing Law and Venue
These Terms and Conditions are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement. For
any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.
14. Privacy and Data Protection