LE CLUB TERMS & CONDITIONS
Last Updated: June 21, 2022, Effective July 14, 2022
1. Membership & Eligibility
Le Club Programme ("Programme") is a free rewards programme offered by Black Sheep Fine Foods Inc. (« Black Sheep") to its customers located in Canada. Membership in the Programme ("Membership") is limited to individuals only and is limited to one account per individual. You must be age 16 years or older and a legal resident of Canada to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.
BY APPLYING FOR MEMBERSHIP IN THE PROGRAMME, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME A MEMBER.
2. Membership Tiers; Earning and Redeeming Points
Membership Tiers Generally
There are three tiers of membership in the Programme: Bleu, Blanc and Rouge. Achieving Blanc or Rouge status requires a minimum spend per year, as explained below. All membership tiers enjoy a variety of benefits made available by Black Sheep in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including Rewards (as defined below), special offers, sweepstakes, one of a kind experiences, exclusive events and advance access to products) will be determined by Black Sheep in its sole discretion.
Black Sheep may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.
All members are automatically Bleu upon enrolment. Subject to removal from the Programme (as explained in Section 8 below), a member will remain a Bleu indefinitely unless the minimum annual spend required to achieve Blanc or Rouge status is met.
Blanc status is conferred on those registered members who spend a minimum of $250 on merchandise during one calendar year (January 1st -December 31st). Blanc status is good for the calendar year in which the member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Blanc status and does not qualify for Rouge status, the member will revert to Bleu status.
Rouge status is conferred on those registered members who spend a minimum of $750 on merchandise during one calendar year (January 1st - December 31st). Rouge status is good for the calendar year in which the member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Rouge status and does not qualify for Blanc status, the member will revert to Bleu status.
Under the Programme, all three tiers of membership will have 1 point credited to their account for every Canadian dollar spent.
We may offer bonus points events from time to time and in that circumstance the bonus points offer would apply. Separate terms and conditions will apply to each bonus points offer.
You must provide your member registered e-mail address or phone number to have any Points credited to your account.
Any reference to "merchandise" or the value of merchandise in these Terms for purposes of collecting Points includes all products sold online (for pick up and home delivery) and in store. It does not include payment for e-gift cards, gift cards, merchandise sold online and shipped, taxes, shipping, or any subscription programme.
As part of the Benefits of being a member, your Points may be redeemed for rewards made available by Black Sheep from time to time in its sole discretion (“Rewards”). You are eligible to redeem Points for a Reward if you have enough Points in your account for that specific Reward.
Points themselves have no cash value and can only be redeemed for Rewards. Black Sheep may, in its sole discretion, allow Points to be redeemed for other benefits or items of merchandise from time to time. However, unless expressly permitted by Black Sheep, Points are never redeemable for cash, for another product, for gift cards or for e-gift cards.
It's our hope that you redeem your Points on a regular basis. All unredeemed Points will expire when a programme member has not engaged in Point activity associated with that membership account (through purchase or redemption) for 12 months or more. If you have questions regarding the date of your last Point activity or your last purchase, check your Le Club Account page. If you feel Points have been expired in error, please email Customer Service at email@example.com for assistance.
In addition, Points will automatically expire if your Membership is revoked or otherwise cancelled for the reasons further detailed in Section 8.
Le Club account Page
Your Le Club account page is your destination for everything related to Le Club, including the Benefits associated with your membership tier; your current Point balance or Point activity stored in your account; to redeem Points for Rewards and to redeem gifts or access other membership Benefits. Your Le Club account page can be accessed by logging into your online account at https://blacksheep.comosense.com/#!/.
Black Sheep may offer Rewards through the Point Shop from time to time and in its sole discretion. The Point Shop is where you can browse Rewards and then redeem Points for Rewards.
Point Shop offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited and you must be a registered member in order to redeem Point Shop offers. Rewards are subject to change, alteration, substitution, or termination by Black Sheep in its sole discretion at any time.
All Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for Points, cash, another product, gift card or e-gift card unless pursuant to a specific offer from Black Sheep. Black Sheep is not responsible for lost, stolen or damaged Rewards. You are solely responsible for any taxes incurred by you relating to the receipt of Rewards. Employees of Black Sheep are not eligible to redeem any Rewards (as defined below). See specific Rewards for any additional terms and conditions.
Certain class of products, such as Mariage Frères products, are not eligible for discounts.
4. Certain Tier Benefits and Rewards Explained
Le Club Birthday Gift Benefit
All members are eligible to redeem one Birthday Gift per year during the month of their birthday.
To redeem in store, provide Black Sheep with your registered Club email address or phone number. No purchase is necessary when redeeming your Birthday Gift in store. The Birthday Gift benefit is subject to change, alteration, or termination by Black Sheep at its sole discretion at any time.
6. Changes, Termination and/or Removal From Programme
Black Sheep may, in its sole discretion, alter, limit, or modify the Programme rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Programme (including assigning any of its obligations to customers under the Programme at any time to another person or entity, without recourse) or may terminate the Programme any time at its sole discretion, by posting any such changes on the Black Sheep website. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Black Sheep reserves the right to exclude individuals from the Programme or remove Points from a member's account in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Programme or its rules (as determined by Black Sheep), failure to follow any terms of the Programme, Membership inactivity for more than 12 months, any misrepresentation or any conduct detrimental to the interests of Black Sheep not otherwise protected by law may subject members to Membership revocation or deduction of Points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Programme. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any Points in your account will automatically expire. Black Sheep reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Programme, you hereby agree to be bound by any such changed Terms.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BLACK SHEEP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAMME, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAMME. 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 EXTENT PERMITTED BY LAW, THE LIMITATIONS ON BLACK SHEEP’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR 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 BLACK SHEEP AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.