Creative Club Terms & Conditions

1. PROGRAM DESCRIPTION

The Creative Club Program (the "Program") was created by Omer DeSerres Inc. ("DeSerres") on May 18, 2011, for the benefit of customers (the "Members") making purchases in participating stores bearing the DeSerres banner (the "Stores"), on the DeSerres website, or the Encadrements Ste-Anne banner and is the exclusive property of DeSerres.


The purpose of the Program is to reward Members and help DeSerres better meet their needs. To this end, DeSerres collects some information about Members, such as when they join the Program, purchase DeSerres products, take advantage of promotional offers, or communicate with DeSerres.

By participating in the Program, including by registering, maintaining a membership, or using the Creative Club Card, the Member acknowledges having read, understood and accepted these Program Terms & Conditions (the "Terms & Conditions"), as well as any changes that Omer DeSerres Inc. may make thereto at any time, at its sole discretion. By accepting these Terms & Conditions, the Member authorizes DeSerres to contact him/her.


These Terms & Conditions are subject to the laws and regulations in force in the province where the Member resides and to applicable federal laws. If any provision of the Program is declared void or illegal, such provision or portion thereof shall be deemed unwritten in that province and the remaining Program provisions shall remain in effect.

 

2. ELECTRONIC COMMUNICATIONS CONSENT

Consent to communications. By registering for the Creative Club Program, the Member consents to receiving electronic communications related to the Program.

 

3. PROGRAM BENEFITS

To take full advantage of Program benefits, all Members must have an active Creative Club account.

The Program offers the following advantages:

  • FREE program;
  • Gives points on ALL products purchased in-store or online (before taxes);
    • One (1) point per Canadian dollar purchased;
    • No numerical rounding ($2.37 = 2.37 points);
    • Excludes gift cards and courses and workshops.
  • 100 BONUS points when the online profile is completed within the first 14 days of membership and following a first purchase;
  • Bonus points promotions: These promotions give the opportunity to earn additional points on top of base points; they may be limited depending on participating stores, and may vary without notice at the sole discretion of Omer DeSerres Inc.
  • Online and in-store contests for Creative Club members: Organized online or in-store, these contests may be limited depending on the participating stores, and may vary without notice at the sole discretion of Omer DeSerres Inc.
  • Exclusive offers and events: These events and offers are organized at the sole discretion of Omer DeSerres Inc.; they may vary and be limited by participating stores.

 

4. ELIGIBILITY CRITERIA

Any person may join the Program and become a member ("Member"). Membership is free and does not require any purchase.

To become a Member, the customer must be a Canadian resident who is at least 14 years of age and has obtained the consent of a parent or guardian if they are under the age of majority and such consent is required in their province or territory of residence.

To register, the customer must have a valid e-mail address.

To register, the customer must obtain a membership card (a "Creative Club Card") online or in-store and may then begin accumulating points under the Program (the "Points"). Each Member will receive a unique number for their Creative Club account. This number is linked to a Points account for the Member. Only one Creative Club Card is valid per Member. To activate a Creative Club Card, the Member must fill out the membership form, including the information required for all mandatory fields, online at www.deserres.ca.

Members may not share their account with anyone else or disclose information specific to their account. Account information (including passwords and security questions) must be protected and kept secure.

DeSerres reserves the right to refuse membership to any person for any reason whatsoever, at its sole discretion, including failure to meet eligibility requirements or prior revocation of membership.

Members must promptly notify DeSerres in writing of any changes in the personal information provided at the time of Program registration (such as name, mailing address, e-mail address or telephone number).  DeSerres reserves the right to cancel a Creative Club Card for which incomplete or inaccurate information is provided. DeSerres is not responsible for any failure to contact a Member because a Member has not provided accurate and up-to-date information.

 

5. TERMINATION, AMENDMENT OR BREACH OF CONTRACT

DeSerres may:

By providing sixty (60) to ninety (90) days prior written notice, suspend, modify or terminate the Program, at its sole discretion. Changes to these terms and conditions will be posted online and will be sent by e-mail to all Members and may also be made available to Members at participating stores. If material changes occur, they may include, but are not limited to, changes in Program Benefits.


At any time and without notice, withdraw or cancel a Member's Creative Club Card, suspend or terminate the Member's Program membership, and cancel their Points if, in DeSerres' sole opinion, the Member refuses to comply with these terms and conditions, makes or has made a false statement, or abuses or has abused the privileges conferred by the Program.

DeSerres reserves the right to terminate the Program by notifying all Members at least sixty (60) and at most nighty (90) days prior to the end date of the Program. To this end, DeSerres will post the termination announcement on the www.deserres.ca website and/or in Stores and will send all Members a written notice by e-mail. Program Members will then have a period of six (6) months to use their remaining Points, but will no longer be able to accumulate Points. At the end of this period, all outstanding Points will be returned to active Members by means of a DeSerres gift card.

If a Member wishes to opt out of the Program and close their account, they have forty-five (45) days to redeem the Points accumulated in their account. Points that have not been redeemed after the forty-five (45) day period following the account closure will be cancelled, which will result in the deletion of such Points from the Member's account.

Should events beyond the control of DeSerres seriously compromise the viability of the Program, the Program may be suspended or abolished in whole or in part by DeSerres and the accumulated Points may be cancelled without the possibility of being exchanged, transferred or redeemed for cash, all without notice or penalty.

 

6. CREATIVE CLUB CARDS

The type of Creative Club Card you hold depends on how you subscribe:

If the Member only subscribes online: the Member will not receive a physical card. The electronic card available on their Creative Club online account will be the only card associated to their subscription. A unique membership number will be assigned to him/her.


If the Member subscribes in-store and then activates their card online: the Member will immediately receive a Creative Club Card in person. A unique Member number will be assigned to the Member.

Each Member is responsible for the protection of their Account and Creative Club Card, as well as the passwords and security questions used in connection with their Account and Creative Club Card.

The Creative Club Card is not a credit card and is not a DeSerres gift card. The Creative Club Card is owned by DeSerres. Unauthorized reproduction of any Creative Club Card is prohibited.


At any time, online, the Member may see their Member card number on their dashboard.


In case of loss or theft of the Creative Club Card, it is the Member's responsibility to promptly notify DeSerres by letter or e-mail (service@deserres.ca). Points will then be transferred to a new account when a new Creative Club Card is issued. DeSerres cannot be held responsible for transactions made on the Member's account between the time such Member's Creative Club Card was lost or stolen and the time when DeSerres was notified thereof.

 

7. STATUS, BENEFITS AND MEMBERSHIP APPLICATION METHODS

There are four (4) types of statuses in the Creative Club:
  1. Regular
  2. Student
  3. Associations
  4. Partners

To obtain Student, Association or Partner status, the Member must meet the eligibility criteria and complete the registration steps associated with each status.

You can register for the Creative Club in-store or online.

 

7.1. REGULAR STATUS

In-store: DeSerres will provide a physical Creative Club Card. You will need to provide a valid e-mail address. After creating your account, instructions to activate it will be sent to the e-mail address you provided. Please follow these instructions to activate your account.

Online: Create your Creative Club account online at https://www.deserres.ca/en/loyalty/register. You will need to provide a valid e-mail address. No card will be delivered to you, but a card is not required to participate in the Program; you will be able to use your e-mail address as your login.

 

7.2. STUDENT STATUS

Available to any student enrolled in a recognized secondary or post-secondary institution or to students enrolled in an extracurricular recreational visual arts course. This course could be offered at a college, CEGEP, art school, etc. A valid student card or proof of registration are two official documents that are accepted as proof of school attendance.

Student status is valid for a maximum of 12 months and is renewable.

The status is valid until July 31st of the following year. On August 1st of each year, all Members who wish to renew their Student status must renew their status in-store or online by presenting new proof of school attendance. If Student status is not renewed, the Student Member automatically becomes a Regular Member of the Creative Club.

 

7.2.1. Student Benefits

A 10% discount on selected regular-priced items, in-store and online;

Fujifilm, LEGO, Pantone, 3Doodler and Artograph products, as well as books, courses, workshops and school kits are excluded at all times. Not applicable on the purchase of gift cards, previous purchases or special orders.

 

7.2.2. Student application steps

In-store: We will give you a physical Creative Club Card. You will need to provide a valid e-mail address. All Members who wish to obtain the Student status must present a valid student card or proof of registration. You will be required to show proof of registration in a recognized secondary or post-secondary educational institution or in an extracurricular visual arts course. This course could be offered at a college, CEGEP, art school, etc. After creating your account, instructions to activate your account will be sent to the e-mail address you provided. Please follow these instructions to activate your account.

Online: Create your Creative Club account online at https://www.deserres.ca/account/register. You will need to provide a valid e-mail address. All Members who wish to obtain Student status must present a valid student card or proof of registration. You will be required to upload proof of registration in a recognized secondary or post-secondary educational institution or in an extracurricular visual arts course. This course could be offered at a college, CEGEP, art school, etc. You will receive confirmation of acceptance or refusal within 3-5 business days. You will not receive a card, but you do not need a card to participate in the Program; you can use your e-mail address as your login.

 

7.3. ASSOCIATION STATUS

Association status is for recognized visual arts associations with more than 25 members. To be recognized by DeSerres, an association must apply to become a member of the Creative Club Associations by e-mail at association@deserres.ca. The association will receive a confirmation of acceptance or refusal within 3 to 5 business days.

Offered to any member belonging to a visual arts association recognized by DeSerres. A valid membership card or proof of registration are the two official documents accepted to demonstrate membership in the association.

Association status is valid for a maximum of 24 months and is renewable.

All Members who wish to extend their Association status must renew their status in-store or online by submitting new proof of membership. If the Association status is not renewed, the Association Member automatically becomes a Regular Member of the Creative Club.

 

7.3.1. Association benefits

A 10% discount on selected regular-priced items, in-store and online;

The 10% discount is valid on selected regular-priced products only. DeSerres reserves the right to modify the selection of products at any time and without notice. Fujifilm, LEGO, Pantone, 3Doodler and Artograph products, as well as books, courses, workshops and school kits are excluded at all times. Not applicable on the purchase of gift cards, previous purchases or special orders.

 

7.3.2. Association application steps

In-store: We will give you a physical Creative Club Card. You will need to provide a valid e-mail address. You will need to show a membership card or proof of registration in a visual arts association approved by DeSerres. To be approved by DeSerres, an association must apply to become a member of the Creative Club Associations by e-mail at association@deserres.ca. The association will receive a confirmation of acceptance or refusal within 3 to 5 business days. After creating your account, instructions allowing you to activate it will be sent to the e-mail address you provided. Please follow these instructions to activate your account.

Online: Create your Creative Club account online at https://www.deserres.ca/account/register. You will need to provide a valid e-mail address. All Members who wish to obtain Association status must present a membership card or proof of registration with a visual artists' association approved by DeSerres. You will need to upload proof of registration with your visual arts association. You will receive a confirmation of acceptance or refusal within 3 to 5 business days. You will not receive a card, but you do not need a card to participate in the Program; you can use your e-mail address as your login.

 

7.4. PARTNER STATUS

The Partner status is for companies wishing to offer a partnership program with Omer DeSerres Inc. to their employees. To be approved by DeSerres, a company must apply to become a member of the Creative Club Partner Program by e-mail at partners@deserres.ca. The company will receive a confirmation of acceptance or refusal within 3 to 5 business days.

Open to all employees of a DeSerres partner company. As part of the partnership agreement, DeSerres will provide a unique secret code to each company to validate the identity of its employees.

Partner status is valid for a maximum of 24 months and is renewable.

All Members who wish to extend their Partner status must renew their status online by resubmitting the secret code given to your company, by e-mail at partenaires@deserres.ca. If the Partner status is not renewed, the Partner Member automatically becomes a regular Member of the Creative Club.

 

7.4.1. Partner benefits

A 10% discount on selected regular-priced items, in-store and online;

The 10% discount is valid on selected regular-priced products only. DeSerres reserves the right to modify the selection of products at any time and without notice. Fujifilm, LEGO, Pantone, 3Doodler and Artograph products, as well as books, courses, workshops and school kits are excluded at all times. Not applicable on the purchase of gift cards, previous purchases or special orders.

 

7.4.2. Partner application steps

In-store: In-store membership is not available for this program.

Online: Create your Creative Club account online at https://www.deserres.ca/account/register. You will need to provide a valid e-mail address. All members must fill out the form and provide the secret code given to their company to validate their identity. You will receive a confirmation of acceptance or refusal within 3 to 5 business days. We will send you a physical Creative Club Card by mail to the address provided in your form.

 

7.5. The Professionals’ Zone

The Professionals’ Zone is intended for businesses, institutions, non-profit organizations (NPOs), corporations or any other commercial company or business group wishing to benefit from advantageous privileges.

To consult the terms and conditions of the program, click here.

 

8. CALCULATION, ACCUMULATION, BALANCE, REDEMPTION & DELETION OF POINTS


8.1. Point value and calculation

Each Point is worth $0.02 (for example, 250 points are worth $5).

Points are accumulated at the rate of 1 Point for each full dollar spent at DeSerres on an eligible purchase. Points are calculated based on the total net amount before taxes indicated on the sales receipt or Internet receipt.

DeSerres may offer promotions, such as an increase in the value of Points, in certain stores or for certain products or services. These promotions may be subject to additional applicable terms and conditions.

DeSerres reserves the right to add or exclude products that qualify for the awarding of Points. DeSerres may limit the number of products on which a Member may accumulate Points. For example, DeSerres may declare that a Member can only accumulate Points on a single purchase of that product or on another number of purchases that DeSerres may specify.

 

8.2. Point accumulation

A Member may earn Points by making purchases in-Store or online (www.deserres.ca).

To accumulate Points in-Store, at any time during a purchase transaction, Members must present their Creative Club Card, or give their Creative Club Card number or e-mail address. If the Member could not accumulate Points in-Store due to having forgotten their Creative Club Card or related information, the Member must contact customer service within fourteen (14) days following the purchase to claim the Points related to that purchase.

To accumulate Points online (www.deserres.ca), Members must ensure that their Creative Club Card number is associated with their account before finalizing the purchase transaction. Members who have not associated their Creative Club Card number to their account at the time of the purchase transaction must keep their Internet receipt and contact customer service within fourteen (14) days of the purchase to claim the Points associated with the purchase.

There is no limit to the number of Points a Member can accumulate.

No Points may be accumulated by a Member when purchasing a DeSerres gift card, but Points will be issued for any purchase (or any portion thereof) paid with any such gift card.

In the event of server or network failure, the Creative Club Card cannot be used to accumulate Points. Under such circumstances, Members who wish to do so may present themselves with their sales receipt within fourteen (14) days of purchase to claim their Points.

 

8.3. Point balance

The Points balance of each Member's Creative Club Card can be consulted at any time by the Member on their online dashboard (www.deserres.ca) or on their sales receipt following a purchase transaction for which the Member presented their Creative Club Card or gave their Creative Club Card number or e-mail address. The Member's account is updated as soon as a purchase transaction is concluded. The data on the number of Points accumulated, redeemed or deducted in the records are deemed to be accurate. If the Member believes that the Points balance does not correspond to what is shown in their account, they must notify DeSerres by letter or e-mail (service@deserres.ca) within thirty (30) days following the date of the purchase.

 

8.4. Point redemption

Before being able to use their first Points, Members must have accumulated a minimum of 250 Points.

Points accumulated by making an eligible purchase cannot be used for that purchase and can only be used for a subsequent eligible purchase.

Points can be used to pay, in whole or in part, the price of an eligible purchase using the Creative Club Card at a Store point of sale and online.

To use the Points in-Store, Members must present their Creative Club Card (or give their Creative Club Card number or e-mail address), which must have been activated online beforehand. Photo ID for identification purposes may be requested by the cashier.

To use Points online, Members must ensure that their membership card number is associated with their online account at www.deserres.ca before finalizing the purchase transaction.

All purchases made with the Creative Club Card will be subject to a Points balance verification, which must be sufficient to cover the cost of the purchase. Points can only be used if the number of required Points for the purchase has been reached prior to the current transaction.

A Member may not assign, transfer, monetize or sell (either partially or totally) their Points to another person.

Points are not redeemable for cash and have no cash value. Points may not be sold, traded, bartered, rented, or otherwise disposed of. Any Points sold for cash or other compensation are void. Points cannot be used to pay the balance of a DeSerres "commercial" account.

When Points are used to make eligible purchase transactions, the number of used Points is deducted from the Member's Points account, with the oldest Points being deducted first. Unused Points, as well as any Points accumulated during the current transaction, will remain in the Member's account and may be used for a subsequent eligible purchase.

In any given transaction, Points can only be accumulated on one Creative Club Card and can only be credited to one Member's account.

In the event of server or network failure, the Creative Club Card cannot be used to redeem Points; furthermore, in the event of such failure, the updating of Points will be delayed until the server or network is restored.

 

8.5. Modification, cancellation or suspension of Points

DeSerres reserves the right to deduct a Member's Points related to the purchase of a product or any associated promotional offer when the Member returns this product, which will result in the deletion of these Points from the Member's account. If a Member accumulates Points in a way that is not authorized by these Terms and Conditions or by an offer, DeSerres may, at its discretion, declare such Points invalid and cancel them, which will result in the deletion of such Points from the Member's account.

Points do not expire. However, if a Creative Club Card has not been used for a purchase transaction for a period of 365 days, a notice of inactivity will be sent by e-mail to the Member indicating that their Creative Club Card will be cancelled unless it is used within the next six months. A second notice will be sent forty-five (45) days prior to deactivation and specifying the date of deactivation, if applicable. Following the expiration of the second notice period, if the said Creative Club Card has not been used for a purchase transaction, the Member's card will be cancelled, rendering the Points on file unusable.

 

9. CONFIDENTIALITY

DeSerres will ensure the confidentiality and safety of all personal information collected about Members such as, but not limited to, their name, address, telephone numbers, date of birth, account number and purchase information (hereinafter referred to as "Personal Information"). This personal information will be used to upgrade the Member's account, to communicate with the Member, to better understand the Member's information and shopping needs, to provide the Member with tailored information, products, services and benefits, to organize promotional activities and to contact contest winners. By providing the requested information, the Member consents to DeSerres' use thereof in accordance herewith.

DeSerres will not give, rent or sell its list of Members to anyone. DeSerres will allow only the most restricted access to customer information to entities authorized under strict supervision and/or that are contractually bound to maintain the confidentiality and safety of the information, solely for the purpose of assisting DeSerres in the analysis of said information.


DeSerres hereby agrees to comply with the provisions of the Act respecting the protection of personal information in Québec's private sector (hereinafter the "Act"), as well as any other applicable federal or provincial legislation. Where the Act or any other applicable law grants the Member additional protection to that provided herein, DeSerres agrees to do what is necessary to give full effect to these additional measures.

DeSerres may and, when legally required, shall transmit any information concerning the Points awarded to Members, in particular to competent tax authorities, if necessary.

Upon written request from a Member who wishes to cancel their Program membership, DeSerres will erase from its files all personal information concerning that Member. The Member must contact DeSerres' consumer service department by e-mail at service@deserres.ca for this procedure.

 

10. TERMS & CONDITIONS

By participating in any aspect of the Program, the Member (and the parent or guardian on behalf of the Member, as applicable) agrees to be bound by these Terms & Conditions.

DeSerres reserves the right to sell or transfer all or part of the Program to an affiliated company or a third party, to merge with another entity or to participate in any other form of financing, reorganization or operation affecting its business.

Any inquiries regarding the Program should be sent to:

by e-mail: service@deserres.ca 

by mail: DeSerres – Creative Club Program

Attention: Program Administrator

1265, Berri Street, Suite 1000, Montréal (Quebec) H2L 4X4, Canada

 

Any federal or provincial taxes (including personal income tax) that may become applicable in connection with the accumulation or redemption of Points shall be the responsibility of the Member.

DeSerres' failure to exercise its rights, powers or remedies under these Terms & Conditions or at law or any delay in exercising them shall not constitute a waiver of such rights, powers or remedies. Any single or partial exercise of a right, power or remedy shall not preclude further exercise thereof, or the exercise of any right, power or remedy.


Unless the context dictates otherwise, words in the singular include the plural and vice versa. All dollar amounts shown in connection with the Program or these Terms & Conditions are in Canadian dollars.


The provisions of these Terms & Conditions are severable and distinct and the invalidity or unenforceability of any one provision, in whole or in part, by a court of competent jurisdiction shall not affect the validity or enforceability of the remaining provisions of these Terms & Conditions.

11.  LIMITATION OF LIABILITY

To the extent permitted by law, by participating in the Program, you (and the parent or guardian on your behalf, as applicable) agree to release and discharge DeSerres and its affiliated partners and their respective officers, directors, agents, representatives, successors and beneficiaries from any loss, liability, claim or demand, or any damages or costs asserted by any person or entity relating in any way to the Program, your membership in the Program, the redemption or misuse of any item obtained through the redemption of Points or otherwise under the Program.