These Terms and Conditions ("Terms") govern your application to join and your membership of the loyalty programme (“Program”) offered by SMCP Asia Ltd. (“SMCP” or “Maje”) to its customers located in Hong Kong. By applying for membership to become a member of the Program, you agree to be bound by these Terms.
1. Membership & Eligibility
1.1. Membership to the Program ("Membership") is limited to individuals in their personal capacity only, and is limited to one Membership account per individual. Employees, officers, directors, agents and representatives of SMCP and its affiliates are eligible for Membership but may be excluded from certain promotions at SMCP's sole discretion.
1.2. You acknowledge and agree that you cannot submit an application to become a member of the Program ("Your Application") unless you are at least 18 years old and a legal resident of Hong Kong.
1.3 SMCP has the sole discretion to determine whether or not to accept or reject Your Application, for any reasons whatsoever, with no liability to you.
1.4 You represent and warrant that all information submitted by you in relation to Your Application shall be complete, accurate and up-to-date. You shall promptly notify us upon becoming aware that any information provided by you to us is no longer complete, accurate or up-to-date.
1.5. You will only become a member and may enjoy the benefits provided to members of the Program ("Member"), if we, in our sole discretion, accept Your Application and decide to grant you membership to the Program ("Your Membership"), then Your Membership will be valid for such period as we may specify from time to time. You shall upon our request, at any time and for any reason, prove Your Membership and/or your eligibility as a Member to our satisfaction and produce such documentary proof in support of the eligibility as we shall deem fit.
1.6. You may not transfer or assign Your Membership to any third party.
1.7. Affiliates of SMCP (e.g. SMCP USA) may also have similar customer programs. Membership to the Program does not confer any rights or benefits in the program of any other SMCP affiliate.
1.8. Any offers, benefits, gifts, vouchers, products or services provided by SMCP to Members (or a select group of Members) in relation to the Program: (i) shall be prescribed, amended, provided, offered or terminated, from time to time, at SMCP's sole discretion, without any liability to you; and (ii) cannot be exchanged for cash or cash equivalent.
SMCP has the discretion to grant VIParisian ("VIP") status to Members who either (i) spend HKD10,000 on the purchase of goods from SMCP in a single transaction; or (ii) spend an accumulation of HKD15,000 on the purchase of goods from SMCP within a consecutive 3 month period, on regular priced items only (excluding the purchase of e-gift cards, gift cards, taxes and/or shipping) in SMCP's Hong Kong stores only ("VIP Qualification"). VIP status is valid for one year starting from the next day after the date of VIP Qualification; after that, requalification is required or the status will be adjusted to general Member. SMCP may, in its sole discretion, alter, limit, or modify the VIP program rules, regulations, benefits, eligibility for membership, or any other feature of the VIP program or may terminate the VIP program at any time in its sole discretion, without prior notice or liability to you.
SMCP has the discretion to grant VVIParisian (“VVIP”) status to Members who spend at least HKD 60,000 on the purchase of goods from SMCP within one year of such Member's Membership (excluding the purchase of e-gift cards, gift cards, taxes and/or shipping) in SMCP's Hong Kong stores only ("VVIP Qualification"). VVIP status is valid for one year starting from the next calendar month after the date of VVIP Qualification; after that, annual requalification is required or the status will be adjusted to either VIP or general Member. SMCP may, in its sole discretion, alter, limit, or modify the VVIP program rules, regulations, benefits, eligibility for membership, or any other feature of the VVIP program or may terminate the VVIP program at any time in its sole discretion, without prior notice or liability to you.
4. 10% Discount Offer
4.1. All VIP and VVIP members, will receive a 10% discount offer ("Discount Offer"). The Discount Offer is valid in selected SMCP's Hong Kong stores only, excluding our online e-commerce stores, with effective Membership only for so long as you are a VIP or VVIP member. The Discount Offer applies to regular priced merchandise only, not to any products purchased using a gift card, packaging, applicable taxes or shipping & handling charges, and cannot be used in accordance with any other discounts or offers. No adjustments can be made to and no Discount Offers shall apply to previous purchases.
4.2. VIP and VVIP memberships, the Discount Offer, and any other discounts, benefits and offers provided in relation to VIP and VVIP memberships are non-transferable, and cannot be combined with any other offers or employee discount.
4.3. The Discount Offer is subject to change, alteration, or termination by SMCP in its sole discretion at any time, without any liability to you.
5. Free Stylist Session
5.1. All VVIP members will receive a free personal stylist session at the Participating Stores (as defined below) (for no longer than 2 hours each) ("Free Stylist Offer"). The Stylist Offer is valid for and can only be redeemed once per annum during Your Membership and only whilst they remain a VVIP member.
5.2. All Members and VIP members are entitled to a personal stylist session at the Participating Stores for a fee of HKD 3,000 for up to 2 hours ("Stylist Session"). Such fee cannot be set off against or redeemed for any merchandise.
5.3. If a VIP member spends at least HKD 10,000 on merchandise at the Participating Stores during a single Stylist Session, then the HKD 3,000 fee referred to in Clause 5.2 shall be waived.
5.4. The Free Stylist Offer and Stylist Session are subject to an appointment and to the Participating Store and/or stylist's availability and scheduling. Appointments will be confirmed by telephone or email.
5.5. Members, VIP members and/or VVIP members are under no obligation to purchase any items recommended by the Personal stylist during or in relation to the Stylist Session or Free Stylist Offer.
5.6. The "Participating Stores" are Maje Elements and Maje Fashion Walk, and stylist session appointments can only be scheduled on weekdays: from 10:00am – 12:00pm at Maje Elements and 11:00am – 01:00pm at Maje Fashion Walk & from 02:00 – 06:00pm in both stores and on weekends and public holidays from 10:00am – 12:00pm at Maje Elements and from 11:00am – 01:00pm at Maje Fashion Walk. Cancellations must be notified to Maje at this email firstname.lastname@example.org at least 24 hours in advance, and a cancellation fee of HKD1,500 may be charged. The Free Stylist Offer and Stylist Session is non-transferable, and is subject to change, alteration, or termination by SMCP in its sole discretion at any time with no liability to you.
6. Free Delivery Offer
6.1. All VVIP members can enjoy free standard delivery within Hong Kong on all purchases in SMCP's Hong Kong stores, subject to Clauses 6.3 and 6.4.
6.2. All VIP members may enjoy the Free Delivery Offer for any single purchase over HKD 1,000 at SMCP's Hong Kong stores.
6.3. For our delivery schedule please contact any sales associate at SMCP's Hong Kong stores. The Free Delivery Offer can only be used for the delivery of our own branded items and cannot apply (in whole or in part) with any third party branded products.
6.4. The Free Delivery Offer is limited to delivery areas covered by the HK PICKUP coverage service area: click here. Delivery can only be made to a local address in Hong Kong and a valid Hong Kong phone number is required for registration. The customer will receive an SMS notification to their Hong Kong mobile number provided to us, upon the items’ pickup from our store by the delivery service provider with delivery agent's name and mobile number. The delivery agent will call the customer prior to the delivery. If the delivery is not successful, the store representative will contact the customer for subsequent arrangement. The Free Delivery Offer is not valid on international shipments. The Free Delivery Offer cannot be exchanged for cash or cash equivalent, and is non-transferable. The Free Delivery Offer subject to change, alteration, or termination by SMCP in its sole discretion at any time with no liability to you.
7. Free Alteration Offer
7.1. All members can enjoy ONE free simple alteration on one regular priced item only, in a single purchase at any SMCP store in Hong Kong over HKD 3,500.
7.2. VIP members can enjoy ONE free part alteration per item on regular priced items only, for any purchase at any SMCP store in Hong Kong.
7.3. VVIP members can enjoy THREE free parts alteration per item on any merchandise purchased at any SMCP store in Hong Kong.
7.4. The alteration services offered under this Clause 7 is non-transferable., and is subject to change, alteration, or termination by SMCP in its sole discretion at any time.
7.5. For more information in relation to alteration services provided by SMCP, please refer to the alteration chart available in SMCP's stores.
8. Initial Engraving Offer
8.1. All VIP and VVIP members can enjoy engraving services provided by SMCP when purchasing specific leather products from SMCP's stores in Hong Kong, for the engraving of initials on the leather product. Please note that some items may not endure engraving depending on the style of leather. SMCP and its staff retain the right to refuse to provide the engraving service in our sole discretion. We may, in or sole discretion, replace an item if it is damaged during the engraving process, but we provide no guarantee. SMCP is not liable for incorrect spellings or errors which are supplied by the Member, VIP or VVIP members in relation to the relevant embossing.
8.2. All Members can enjoy the embossing service for a fee of HKD80 per item.
8.3. The engraving service shall include a maximum of 3 letters and 2 dots per item only.
8.4. Members, VIP and VVIPS members can request for this service within 1 month after the purchase date of the specific leather product.
8.5. This offer has no value and is not redeemable for merchandise, and is non-transferable. This offer is subject to change, alteration, or termination by SMCP in its sole discretion at any time.
9. Birthday Offer
9.1. All VIP and VVIP members will be notified by SMS about any birthday related offers provided by SMCP during their relevant birthday month ("Birthday Offer"). Any Birthday Offer shall be provided or prescribed by SMCP at its sole discretion. VIP and VVIP members will only be eligible to receive Birthday Offer the month after they become a VIP or VVIP member, as applicable.
9.2. VVIP members in Hong Kong will receive a free bouquet of flowers, and our staff will call them to schedule the delivery date and time slot: morning (9am-1pm) or afternoon (2pm-6pm) every day, excluding public holidays and Sunday. If the VVIP member wants to reschedule the delivery, they have to call back the store who made the booking at least 2 working days in advance.
9.3. Birthday Offers can only be applied to regular-priced items at SMCP stores specified by SMCP from time to time. Birthday Offer are only valid and can only be redeemed during your birthday month if you are a VIP or VVIP member, as applicable. Birthday Offers cannot be used with any other promotions, discounts or offers. Birthday Offers cannot be refunded and/or exchange, and are non-transferable. Birthday Offers are subject to change, alteration, or termination by SMCP in its sole discretion at any time, with no liability to you.
10. Power Bank
10.1. All Members are welcome to use the power bank available in SMCP'S stores in Hong Kong to charge up their phones. Each Member can only borrow one set of power bank and cable at any one time, whilst they are at SMCP's store. Each Member must return the power bank to SMCP's in-store staff before they leave the SMCP store.
10.2. SMCP is not liable for any loss or damage arising from your use of the power bank. This offer is available on a first come, first served basis, and we do not guarantee or provide any warranties or representations as to the availability of any power bank and/or that the power bank shall be compatible with your phone. This offer is subject to change, alteration, or termination by SMCP in its sole discretion at any time, with no liability to you.
10.3. You shall be responsible and liable for the cost of replacing any power bank provided by SMCP, which you have damaged, lost, misplaced or failed to return to SMCP.
12. Changes, Termination And / Or Removal From Program
12.1. SMCP may, in its sole discretion, alter, limit, suspend, terminate or modify these Terms, the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program at any time at its sole discretion, by posting any such changes on SMCP's website. YOUR CONTINUED USE OF YOUR MEMBERSHIP FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
12.2. SMCP reserves the right to reject Your Application and/or to cancel, terminate or suspend Your Membership from the Program, at any time and for any reason in its sole discretion. Without prejudice to the foregoing, any breach of these Terms, abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of SMCP not otherwise protected by law may subject members to Membership revocation and will affect eligibility for further participation in the Program.
12.3. Your Membership is non-transferable, purchases made under Your Membership must be made by you, and any offers, benefits or promotions provided by SMCP in relation to Your Membership can only be used or redeemed by you. If Your Membership is revoked or otherwise cancelled, any points in your account will automatically expire.
12.4. SMCP reserves the right to make changes to these Terms at any time without any notice or liability to you. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By continuing to use Your Membership, you hereby agree to be bound by any such changed Terms.
13.1. Any content or materials provided to you in relation to the Program or any offers, promotions, rewards or benefits are for your general reference only, and are not intended to amount to any advice, guarantees, representations or warranties on which you should rely.
13.2. YOUR MEMBERSHIP AND PARTICIPATION IN THE PROGRAM, OFFERS, PROMOTIONS, REWARDS OR BENEFITS, AND YOUR USE OF ANY CONTENT OR MATERIALS PROVIDED TO YOU IN RELATION TO THE FOREGOING, ARE AT YOUR SOLE RISK AND SUCH IS PROVIDED “AS IS” AND “AS AVAILABLE”.
13.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMCP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND IN RESPECT OF THE PROGRAM, YOUR MEMBERSHIP, OFFERS, PROMOTIONS, REWARDS OR BENEFITS, AND ANY CONTENT OR MATERIALS PROVIDED IN RELATION TO THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, COMPLETENESS AND ACCURACY.
13.4. Any offers, promotions, rewards or benefits provided to you in relation to Your Membership shall be subject to any further relevant terms and conditions provided by SMCP.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMCP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR APPLICATION, YOUR MEMBERSHIP, YOUR PARTICIPATION IN THE PROGRAM AND/OR ANY BENEFITS OR OFFERS IN RELATION TO THE PROGRAM, INCLUDING (WITHOUT LIMITATION) DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM, YOUR MEMBERSHIP OR ANY BENEFITS OR OFFERS IN RELATION TO THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS ON SMCP’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER IN RELATION TO BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM SMCP AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
15. Intellectual Property Rights
15.1. You acknowledge and agree that all rights, title, interest and IP Rights (as defined below) in relation to the Program are owned by SMCP or its third party licensors.
15.2. You have no rights, title or interest in relation to the Program or any materials provided by SMCP or its third party licensors in relation to the Program.
15.3. You shall not use any trade mark, service mark, trade name, logo or any other IP Rights of SMCP or which are used in relation to the Program, and nothing in these Terms shall be construed as granting you any rights to such trademarks, service marks trade names, logos or IP Rights.
15.4. "IP Rights" means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, design rights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar right exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and whether registered or not, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
16. Resolving Disputes
16.1. These Terms (including, without limitation, their interpretation, enforceability and validity) and any dispute arising out of or in relation to the subject matter of these Terms (whether under tort, contract, or otherwise) are governed by the laws of Hong Kong.
16.2. If a dispute should arise between you and SMCP, we want to provide you with a resolution that is efficient and cost effective. Almost all customer service disputes can be resolved to the customer’s satisfaction by email to email@example.com.
16.3. If your dispute cannot be resolved through email, then the parties agree that the dispute can be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC"), in accordance with the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong, and the arbitration proceedings shall be conducted in the English language. The arbitral tribunal shall consist of one arbitrator.
16.4. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND SMCP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event that any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction will be made unilaterally by SMCP. If such provisions cannot under any circumstances be so modified or restricted, they shall be severed from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
18. Additional Information on the Program
If you have any questions regarding the Program, please contact us at firstname.lastname@example.org.