GENERAL TERMS AND CONDITIONS
THE HILFIGER CLUB
1. General rules of membership
2. Countries of validity
3. What is the membership program
4. Expiration of benefits
5. Use of membership
6. Your right to cancel your membership
7. Termination of your membership and changes to The Hilfiger Club
8. Data Protection
9. Disclaimer and limitation of liability
10. Our contact details
12. Governing law and jurisdiction
The Hilfiger Club is Tommy Hilfiger Europe B.V.’s personalized membership program open to our valued customers who prefer a personalized experience when interacting with Tommy Hilfiger online or offline. The Hilfiger Club offers customization to ensure that it fits what matters to you and allows you to make best use of the services we offer. The Hilfiger Club includes personalized invitations, including to benefit from exclusive promotions, special offers and invitations to join events and activities we think you will be interested in.
1. THE HILFIGER CLUB - GENERAL RULES OF MEMBERSHIP
1.1 Membership of The Hilfiger Club is reserved for private individuals aged 18 years and over and who are resident of the participating countries listed at lv.tommy.com/the-hilfiger-club (the “Participating Countries”) and any other country that shall be added thereto from time to time. By signing up and participating in The Hilfiger Club, you confirm that you meet these eligibility requirements.
1.2 The Hilfiger Club membership is strictly personal and personalized to the member; only the individual registered as the member can obtain the benefits connected to the membership account and cannot transfer these benefits. A limit of one membership per person is applied. You may only register for The Hilfiger Club with a single registered email address. You are prohibited from using multiple email addresses to register for multiple The Hilfiger Club memberships. Tommy Hilfiger reserves the right to terminate your membership to The Hilfiger Club if this activity is registered.
1.3 Membership is subject to these Terms and Conditions (“Terms”) as well as any other rules, policies, and procedures adopted by Tommy Hilfiger as provided to and approved by you upon taking part of offers, rewards, making purchases and other related services.
1.4 To become a member of The Hilfiger Club, the registration form must be completed in full.
1.5 Registration can be completed and submitted after purchase in selected Tommy Hilfiger stores in the Participating Countries, or – in selected countries – after purchase online at www.tommy.com. Please visit lv.tommy.com/the-hilfiger-club for an overview of the participating stores.
1.6 It is your responsibility to keep your email address or any other contact details you have provided up to date.
1.7 Tommy Hilfiger reserves the right to refuse membership to any person not meeting the criteria laid down in these Terms.
1.8 These Terms may be subject to change. For additional information on changes to these Terms, please refer to clause 7 below.
2. COUNTRIES OF VALIDITY
The Hilfiger Club is currently valid in selected Tommy Hilfiger stores in the Participating Countries, and in selected countries on www.tommy.com. Please visit lv.tommy.com/the-hilfiger-club for an overview of participating stores.
3. WHAT IS THE MEMBERSHIP PROGRAM
3.1 Membership with The Hilfiger Club means a personalized membership program, including a loyalty program that gives right to certain benefits, exclusive promotions, special offers, newsletter and commercial communications if you have signed up to receiving these, recommendations, and invitations to membership related events and activities. Members will be notified of such upcoming and/or running benefits and promotions depending on your membership and previous interactions with our services online and offline. Upcoming and running benefits and promotions as described above can also be found at lv.tommy.com/the-hilfiger-club.
3.2 As a member of The Hilfiger Club, you will be entitled to the following benefits:
- Welcome offer: when you first successfully sign up to The Hilfiger Club you will automatically receive your welcome offer to thank you for joining;
- Birthday treat: we would like to celebrate your birthday with you, so if you share your birthdate with us you will receive a special birthday treat on your birthday. The birthday treat will only be awarded once during a calendar year;
- Early access to sales or collections: depending on your membership and your interaction with Tommy Hilfiger services you may be eligible for receiving invitations to early access sales or collections. Any further details on the early access sales or collections that are available to you will be communicated to you when you receive the invitation;
- Personalized offers: depending on your membership and your interaction with any Tommy Hilfiger services you may be eligible for receiving personalized offers. As these offers are personalized to your membership only, any further details will be communicated to you when you receive the offer.
- Access to member-only events: depending on your membership and your interaction with Tommy Hilfiger services you may be eligible for receiving invitations to member-only events. Any further details on these events will be communicated to you when you receive the invitation;
- Access to member-only competitions and raffles: depending on your membership and your interaction with Tommy Hilfiger services you may be eligible to participate in member-only competitions or raffles. These will be subject to you agreeing to separate terms and conditions applicable to each competition or raffle;
- Newsletter on Tommy Hilfiger products and general information, if you have signed up to receiving our newsletter.
3.3 The above benefits, or any benefits that may be awarded to you on the basis of your membership, may be redeemed at any participating Tommy Hilfiger store or online. Please see the list of participating stores here. This list may be updated from time-to-time. If required under applicable local laws this list may be updated only for justified or business reasons. We will of course notify you if such notification is required under local laws, to the extent and as soon as practically possible.
3.4 From time to time, we, in our sole discretion, may change, discontinue, or add interactions where you can earn membership benefits, change the number of membership benefits that can be collected or change the manner with which membership benefits may be collected or received, with or without prior notification to you. We will of course notify you if such notification is required under local laws, to the extent and as soon as practically possible. Note that in certain jurisdictions these changes cannot be carried out in our sole discretion and in such cases we may make the abovementioned changes only for justified business reasons.
3.5 You must provide your email address in-store or online on the Tommy Hilfiger website to receive the eligible membership benefits for your purchases or interactions. In the event you are unable to receive the eligible membership benefits due to you not having provided your email address, you may contact the customer services team with the required proof to redeem your membership benefit for your purchases or interactions.
3.6 Members will start receiving or earning their membership benefits from the date they register for The Hilfiger Club, and no prior transactions or interactions will be eligible for receiving or earning membership benefits.
4. EXPIRATION OF BENEFITS
4.1 The expiration of any benefits received as a part of your The Hilfiger Club membership will be communicated to you when you receive them. For example, the expiration date of your welcome offer will be communicated to you in your welcome email.
4.2 Benefits obtained cannot be transferred between members and cannot be exchanged for cash.
5. USE OF MEMBERSHIP
5.1 Your membership is personalized and only applies to you. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. The Hilfiger Club is for your personal use only. You must not share your membership or any related log-in information, or in any way make it accessible to others. Without undue delay you must inform the Tommy Hilfiger team, using the contact information set-out below, of any unauthorized use of your membership or log-in information or any other breach of security.
5.2 You agree that you shall not:
- access, use, reproduce, modify, download, sell, transfer, publish or otherwise make available your membership for any commercial purposes;
- copy, modify, alter, duplicate, decompile, reverse engineer, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the membership (or any component thereof) or any software, documentation or data related to the membership (or any portion thereof);
- do any act or thing that might damage, disrupt or otherwise interfere with the operation of The Hilfiger Club;
- abuse your membership or use it for any unlawful or unauthorized purpose (which include transmitting any computer viruses through your account or using your account in a manner which is discriminatory, offensive, abusive, malicious, defamatory or other violates or infringes the rights of anyone else); and
- transfer, sale or barter (or attempt to transfer, sale or barter) any of your rewards or member exclusive promotional offers.
6. YOUR RIGHT TO CANCEL YOUR MEMBERSHIP
6.1 You may cancel your membership at any time by:
- clicking on the link to cancel your membership with The Hilfiger Club in any of our membership related emails to you; or
- contacting our customer service team via email or telephone using the contact information provided below, or via the online customer service contact form available on our website www.tommy.com.
6.2 If you cancel your membership, The Hilfiger Club will become inaccessible to you and you will no longer be able to benefit from the services provided to members of The Hilfiger Club, and lose all your accumulated membership benefits you received as a member. If you cancel your membership, you may choose to rejoin The Hilfiger Club by re-registering at a later stage, but please note that your previously earned membership benefits will not continue to your new membership and you will no longer receive any commercial information.
6.3 You are prohibited from cancelling and rejoining The Hilfiger Club multiple times within a twelve (12) month period in order to obtain multiple of the same or similar membership benefits. Tommy Hilfiger reserves the right to terminate your membership to The Hilfiger Club if this activity is registered.
7. TERMINATION OF YOUR MEMBERSHIP AND CHANGES TO THE HILFIGER CLUB
7.1 To the extent permitted by applicable laws, we may cancel your membership at any time, if we determine that you (a) are ineligible in accordance with Clause 1 above, (b) have violated any of these Terms or any applicable product terms of sale or any applicable law or regulation, (c) engaged in any deception, forgery, fraud or committed any other abuse of The Hilfiger Club, or (d) if we have a legal basis or compelling legitimate interest for doing so (e.g. if we decide not to continue with the membership program). If required under applicable local laws we will provide you with at least a 2 (two) week prior notice via email.
7.2 We reserve the right to revoke some or all of your membership benefits if we determine that you received such benefits due to an error, through alleged fraud or deception, or in any manner not authorised or is deemed unlawful or against these Terms.
7.3 If we cancel your membership in accordance with clauses 7.1 and 7.2, you will lose all your accumulated membership benefits.
7.4 We may make minor changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms, we add new rewards, add new possibilities to earn new membership benefits, modify The Hilfiger Club functionalities, change the name of The Hilfiger Club or any of its services, rewards or benefits, or modify the technical environment). Please check these Terms regularly to ensure that you understand the up-to-date terms that apply in relation to your membership.
7.5 For any significant changes to these Terms that will materially adversely impact you or if we choose to discontinue The Hilfiger Club we, if required under and in accordance with applicable local laws, shall take appropriate measures to inform you of these changes in advance, for instance by posting the revised version of these Terms on lv.tommy.com/the-hilfiger-club. If you first sign up to The Hilfiger Club following the publication of any such changes, the revised version of these Terms will apply to you immediately upon registration. To the extent permitted by applicable laws, by continuing to make use of your membership after such changes become effective, you agree to be bound by the updated Terms.
7.6 During the notice period provided under clause 7.5 you have the right to cancel your membership using the procedure as set-out clause 6.1.
8. DATA PROTECTION
8.1 All personal data provided by you and collected through your membership with The Hilfiger Club and during interaction with us both online and offline and if applicable through third parties, will be used and exchanged for the purposes defined in our privacy notice.
8.2 Tommy Hilfiger Europe B.V. is responsible for the processing of personal data of members of The Hilfiger Club according to the applicable national data protection acts. All the data and information received is sent and processed by/on behalf of Tommy Hilfiger Europe B.V. in Amsterdam.
For more information about the processing of your personal data and to exercise your rights under applicable data protection laws please click here for our privacy notice.
9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1 To the extent permitted by applicable laws, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a direct result of our breach of these Terms, our willful misconduct or our gross negligence, but we are not responsible for any loss or damage that is not directly related.
9.2 Nothing in these Terms excludes or limits our liability for:
- fraud or fraudulent misrepresentation, intent or gross negligence by us in relation to The Hilfiger Club; or
- any matter in respect of which it would be unlawful for us to exclude or restrict our liability, such as death or personal injury to the extent cause by our negligence.
9.3 To the extent permitted by law, and notwithstanding clause 9.2, our aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with these Terms shall not exceed the amount of EUR 100, or the amount of any foreseeable damage that is typical for this type of contract, whichever is higher.
9.4 Some jurisdictions do not allow the limitation or exclusion of liability, so some of the foregoing limitations of liability may not apply to you. In particular, the above limitations or exclusions do not affect your statutory consumer rights in your applicable jurisdiction.
10. OUR CONTACT DETAILS
Tommy Hilfiger Europe B.V.
1013 AP Amsterdam
+44 - 2039668219 (toll free)
+31 - 702090443 (international rates may apply)
11.1 Tommy Hilfiger reserves the right to withdraw running benefits and promotions at any time. If required under applicable laws, we may withdraw running benefits and promotions only for justified or business reasons, and we will notify you via email, to the extent and as soon as practically possible. The Hilfiger Club membership is never exchangeable for cash and never gives right to cash.
11.2 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of these clauses are unlawful or unenforceable, the remaining clauses will remain in full force and effect and the unlawful or unenforceable clause shall be replaced by the parties by an effective or practicable new provision.
12. GOVERNING LAW AND JURISDICTION
12.1 To the extent not overridden by mandatory consumer laws in your country of residence or domicile, these Terms are governed by Dutch law. Any disputes arising out of or relating to these Terms shall be submitted to the jurisdiction of the competent courts in Amsterdam, the Netherlands.
12.2 Notwithstanding the above jurisdiction clause, if local consumer laws grant you the right of private action in your own jurisdiction, you may also bring any dispute arising out of these Terms to the competent court of your country of habitual residence or domicile.
12.3 For EU consumers only, if you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
These Terms were last updated on April 2023.
(© 2023, Tommy Hilfiger Licensing B.V.)