Creative Club Terms and Conditions
- The Creative Club Program (the "Program") was created by Omer DeSerres Inc. ("DeSerres") on May 18, 2011 for the benefit of clients who make purchases in participating stores carrying the DeSerres banner (the "Stores"), on the DeSerres website, or the Encadrements Ste-Anne banner (the "Store") and is the exclusive property of DeSerres.
DeSerres may, at all times and without prior notice:
- amend the terms and conditions of the Program; and
- withdraw or cancel a card ( a "Creative Club Card") of a client of DeSerres (a "Client") who is a member of the Program (a "Member") and cancel all points accumulated by such Member under the Program ( the "Points") if such Member refuses to comply with the terms and conditions of the Program, makes or has made a false declaration or abuses of the Program's privileges.
DeSerres reserves the right to terminate the Program at any time. Each Member of the Program will then have six months to use any outstanding Points but will no longer be entitled to accumulate any. At the expiry of such period, all outstanding Points will be cancelled.
By agreeing to the terms and conditions of membership, Members authorize DeSerres to contact them.
- Any person may register under the Program and become a Member. To register, the Client must first obtain a Creative Club Card in Store or online and may then start accumulating Points. Each Member will receive a card bearing a specific number. This number creates the Member's Points account. Only one Creative Club Card is valid per Member. However, a Creative Club Card must have been activated before a Member can use his Points. Any person activating a Creative Club Card within 14 days from its registration under the Program will automatically receive a 100-Points bonus. To activate a Creative Club Card, the Member must fill out a membership form and provide the required information for each of the mandatory questions. The form is available online at www.deserres.ca and in Stores. A Member cannot share his account with anyone nor disclose information relating to such account. The information relating to the account, including the password and the security matters, must be protected and preserved safely.
- Every Member must promptly notify DeSerres in writing of any change in his personal information. DeSerres reserves the right to cancel a Creative Club Card for which the information is incomplete or inaccurate.
- In case the Creative Club Card is lost or stolen, the Member must promptly notify DeSerres in writing. The Points will be transferred to a new account once a new Creative Club Card is issued. DeSerres will not be liable for transactions made in said Member's account between the moment said Member's Creative Club Card has been lost or stolen and the moment at which DeSerres is notified thereof.
- The Creative Club Card is not a credit card and is not a DeSerres gift card. The Creative Club Card is the property of DeSerres and may be revoked at any time at DeSerres' sole discretion.
- The terms and conditions of the Program are subject to the laws and regulations in force in the province where the Member resides. In the event one of the provisions of the Program is declared null or illegal, such provision or part thereof will then be deemed non-written in such province and the other provisions of the Program will remain in force.
How to Accumulate Points
- A Member can accumulate Points by making purchases in Store or online (www.deserres.ca).
- To accumulate Points in Store, the Member must bring his Creative Club Card with him and present it at the cash at any time prior to the end of the purchase transaction. The Member who omits to present his Creative Club Card must keep the cash receipt and come back to a Store within 14 days from such purchase to claim the Points relating to such purchase.
- To accumulate Points online (www.desseres.ca), the Member must enter his Member number at the time of the transaction. The Member who does not enter his Member number at the time of the transaction must keep his internet receipt and go physically to a Store within 14 days of such purchase to claim the Points relating to such purchase.
- The Points accumulate at the rate of 1 Point for each dollar spent at DeSerres on an eligible purchase. The Points are calculated using the total amount indicated on the cash receipt or the internet receipt, excluding all taxes. DeSerres may grant additional points on purchases of specific products, for specific periods or in the context of promotional activities. These additional points will be announced by prior communication on the website of DeSerres, in Store or in fliers. DeSerres reserves the right to add or exclude products eligible for grant of Points.
- There is no limit of Points that a Client may accumulate. However, the lifetime of a Point is five years from the date of the purchase relating to the grant of such Point.
- The balance of Points on the Creative Club Card of each Member may be consulted by the Member online (www.deserres.ca) at all times or by reviewing his cash receipt following a purchase. The Member's account is updated as soon as a purchase transaction is completed. If the Member believes that his balance of Points differs from what is shown in his account, he must notify DeSerres by letter or by email ([email protected]) within 30 days following the date of purchase.
- A Member may not assign, transfer, convert into cash or sell (in part or in full) his Points to any other person.
- Returns and exchanges of products are governed by DeSerres' policy on return and exchange of products applicable from time to time. DeSerres reserves the right to cancel the Points of a Member granted in connection with the purchase of a product or any promotional offer associated to such Points if such product is returned by the Member.
- If a Creative Club Card has not been used for a purchase or a reward transaction during a period of 365 days, a notice will be sent to the Member by email indicating that his Creative Club Card will be cancelled unless it is used within the next six months. Following the expiry of such period, if such Creative Club Card has not been used for a purchase or a reward transaction or if the Member has cancelled his Creative Club Card, all Points in this Member's account will be cancelled.
- No Point will be granted to a Member when purchasing a DeSerres gift card, but Points will be granted for the portion of any purchase paid with such a gift card.
- In the event of a server or network failure, the Creative Club Card may not be used to accumulate Points. In such a case, the Member who so wishes must go physically to a Store with his cash receipt within 14 days of the purchase to claim his Points.
How to use the Points
- The Points may serve as a mode of payment when purchasing products online and in Stores. To benefit from this reward, the Member must present his Creative Club Card and such Card must have been activated. An ID card with picture may be requested by the person at the cash for identification purposes.
- Each Point has a value of $0.02.
- Prior to first use, the Member must have accumulated a minimum of 250 Points.
- All purchases made with the Creative Club Card will be subject to a review of the balance of the Points to ensure they are sufficient to entitle the use thereof as a mode of payment. The Points may not be used if the required minimum number of Points for the purposes of use is not reached before the pending transaction.
- The Points may not be converted into cash and have no cash value. They cannot be used to pay the balance of a DeSerres "commercial" account.
- Upon conversion of Points into rewards, the Member's Points account is reduced by the number of Points so converted, subtracting in priority the account's oldest Points. The Points not used as well as the Points accumulated in the course of the pending transaction will remain in the Member's account and will be available for subsequent transactions.
- In the event of a server or network failure, the Creative Club Card may not be used as a mode of payment; moreover, in case of such a failure, the Points' update will be delayed until the server or network is restored. In such a case, the Member may claim his Points as provided under section 11.
- Any request for information regarding the Program must be addressed to:
- by email
- by mail
DeSerres – Programme Club Créatif
To the attention of the Program administrator
1265, rue Berri
Montréal, Québec, Canada
- by email
- Notwithstanding section 4, should unforeseen events seriously compromise the viability of the Program, DeSerres may suspend or terminate it, in whole or in part, and the accumulated Points will be cancelled without being exchanged, transferred or converted into cash, the whole without prior notice nor penalty.
- The income or sales taxes, provincial or federal (including income taxes of individuals) which may become payable with respect to the accumulation or exchange of Points will remain the sole responsibility of the Member.
Limit of Liability
- Each Member releases DeSerres as well as any of its affiliated partners and their respective directors or officers of any liability, contractual or not, which may arise directly or indirectly from the Program or the membership of such Member to the Program.
*The masculine is used herein simply to ease the reading. The French language version of this document has precedence over its English language version.