Pier 1 VIP Program Terms and Conditions
Effective Date: These Terms and Conditions were last revised on January 21, 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN YOU AND PIER 1 IMPORTS REGARDING YOUR MEMBERSHIP IN THE PIER 1 VIP PROGRAM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT JOIN THE PIER 1 VIP PROGRAM.
WE URGE YOU TO READ THESE TERMS CAREFULLY, AS THEY INCLUDE LIMITATIONS OF LIABILITY, ARBITRATION OF DISPUTES, A WAIVER OF CLASS ACTIONS AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
These terms and conditions (“Terms”) govern your membership in the Pier 1 VIP Program (“VIP Program” or “the Program”) offered by Pier 1 Imports Online, Inc. and/or its affiliates (“Pier 1 Imports” or “we,” “our” or “us”). By enrolling in the Program you agree (i) to be bound by these Terms, including the policies and rules referenced herein, and (ii) acknowledge that Pier 1 Imports may change these Terms at its discretion from time to time. If you do not agree with any of the Terms of the Program, do not join. If you are enrolled and no longer wish to participate, or do not agree with the Terms, or any changes to these Terms, please cancel your membership by following the cancellation process outlined in these Terms.
- Program Benefits and Offers
The Program allows persons who have completed the membership enrolment steps described in these Terms (hereinafter, the “Members”) to receive certain benefits as more fully set forth below in these Terms. Benefits include: (i) a $25.00 VIP Welcome Offer for Members who elect to participate in the membership fee prepay option at time of enrollment; (ii) a yearly Birthday Bonus Offer; (iii) an Extended return time on all purchases; and (iv) additional rewards, offers, sneak peaks, contest and benefits as may be offered from time to time. For more information regarding benefits please see applicable sections below.
- Membership, Membership Fee and Renewal
The VIP Program is available to legal residents of the United States, and who are at least 18 years of age or older at the time of enrollment. Your membership in the VIP Program begins as soon as you complete the online enrollment process [https://www.pier1.com/pages/pier1-vip] and your initial membership fee payment is processed. The current membership fee is $14.99 per month, plus applicable taxes, if paid monthly, or $99.99 per year, plus applicable taxes, if prepaid at time of enrollment. Your membership will automatically renew each year unless you cancel your membership as permitted by these Terms. You authorize us to store your payment method(s) and to automatically charge your payment method(s) monthly in the event you select the monthly payment option, or annually in the event you elect the prepaid option, unless you cancel your membership pursuant to these Terms. Your membership fee(s) may be subject to sales tax in certain states. From time to time, we may offer different membership terms, and the membership fees for such membership may vary. VIP Program membership fee(s) are non-refundable except as expressly set forth in these Terms.
If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR VIP PROGRAM MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE PIER 1 IMPORTS (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU
- VIP Welcome Offer
A “VIP Welcome Offer” in the amount of $25.00 will deducted from the annual membership cost to Members who elect to prepay their membership fee at time of enrollment. The offer may only be used online at www.pier1.com, has no cash value, and is subject to the terms and conditions set forth on the voucher, if any. Members who elect to pay membership fees monthly will not receive a VIP Welcome Offer.
- Birthday Bonus Offer
Members who provide their birth month and day will receive a “Pier 1 VIP Birthday Bonus” offer each year during their birth month. The offer will either be mailed or emailed to you. The offer is valid at www.pier1.com, and is subject to the terms and conditions set forth on the offer, if any. In order to be eligible to receive your Pier 1 VIP Birthday Bonus offer you must join the Program and provide your birth month and day at least thirty (30) days prior to your birth month.
- Authorization to Collect Information and Permission to Market to Members
By enrolling in the Program you acknowledge and agree (i) that you may be asked to provide personal information about yourself, such as name, billing and shipping address, email address, phone number, date of birth, and shopping preferences, and that the information you provide will be used by Pier 1 Imports, its subsidiaries, affiliates and third-party partners as necessary to operate the Program and provide you the benefits and rewards described herein, and (ii) that we may use your personal information to send you marketing information, which may include marketing emails, text messages, direct mail pieces, and special communications about upcoming offers, promotions or decorating ideas that we feel may be of interest to you.
- Opting Out of Marketing
Members will be enrolled to receive marketing material from Pier 1 Imports as part of the enrollment process. You may opt out of receiving VIP Program mail, emails and/or text messages at any time by sending an email to firstname.lastname@example.org or contacting us at (888) 384-0700. Please be sure to include your current information and the requested changes you would like us to make to your marketing profile in your communication. You may also cancel or modify the text or email marketing communications you receive from us by following the instructions contained within our promotional emails or texts.
You can opt out of marketing materials and still participate in the Program; however, please understand that you will not receive all the great offers the Program offers.
We will retain your information for legitimate business purposes or as required by law.
- Updating Membership Information
You may update and/or correct your membership information by contacting us at (888) 384-0700, or by email at email@example.com. Your Membership information must be correct in order to receive the benefits and rewards of the Program. We will not be liable for misdirected email or mail communications, including any notices under these terms or any consequences thereof where your personal information is inaccurate or no longer valid. If we believe that some of our records are inaccurate, we may contact you to verify our records.
- Membership Cancellation
You may cancel your membership at any time by notifying Customer Service by email or phone. Upon cancellation, all membership rewards, offers and benefits will be cancelled and deactivated. All membership fee payments are non-refundable, unless you elect to cancel your membership within 3 business days of enrolling, in which case we will refund your full membership fee, less any benefits (such as the VIP Welcome Offer) used by you during this 3-business day period.
- Termination by Pier 1 Imports and Abuse of the Program
We may terminate and/or suspend your membership and right to participate in the Program at our discretion without notice. If we do so, we will give you a prorated refund based on the number of days and/or full months remaining in your membership, as applicable; unless termination and/or suspension is based upon (i) your ineligibility to participate pursuant to these terms and conditions, (ii) you have violated any terms or conditions of the Program or any applicable laws, or (iii) you committed any other fraud, abuse or circumvention of the Program and its policies and procedures, in which case no refund will be provided.
- Disclaimer of Representations and Warranties
THE PROGRAM, AND ANY ONLINE ACCOUNT MANAGEMENT SYSTEM OR APPLICATION RELATED TO THE PROGRAM, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN THESE TERMS OR IN ADDITIONAL TERMS PROVIDED BY PIER 1 IMPORTS, PIER 1 IMPORTS HEREBY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
- Dispute Resolution
Certain portions of this Section 11 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Pier 1 Imports agree that we intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 11 can only be amended by mutual agreement.
A. Binding Arbitration.Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. ALL DISPUTES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and Pier 1 Imports agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all disputes, including the No Class Action Matters section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY ARBITRATION DISPUTE HEARD BY A JUDGE OR JURY. Issues relating to the enforceability of the arbitration and class action waiver provisions are to be decided only by a court of competent jurisdiction, and not by the arbitrator. This arbitration provision shall survive termination of these Terms or the Site. You can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
B. Limited Time to File Claims.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
C. Injunctive Relief. The foregoing provisions of this Section 11 will not apply to any legal action taken by Pier 1 Imports to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User-Generated Content and/or Pier 1 Imports’ intellectual property rights (including such we may claim that may be in dispute), Pier 1 Imports’ operations, and/or Pier 1 Imports’ products or services. Notwithstanding anything to the contrary herein, the arbitrator may award to you in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief (which may include public injunctive relief), as if the action were brought in court on an individual basis.
D. No Class Action Matters.YOU AND PIER 1 IMPORTS AGREE THAT WITH RESPECT TO DISPUTES EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. All disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Arbitration Dispute to be arbitrated on a class action basis or on any basis involving disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that the restriction set forth in this Section 11.D is unconscionable or unenforceable, then our agreement in Section 11.A to arbitrate will not apply and the Arbitration Dispute must be brought exclusively in court pursuant to Section 11.F. Notwithstanding any other provision of this Section 11, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this “No Class Action Matters” section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
E. Small Claims Matters Are Excluded From Arbitration Requirement.Notwithstanding the foregoing, either of us may bring qualifying claims of disputes in small claims court of competent jurisdiction.
F. Federal and State Courts in Tarrant County, Texas.Except to the extent that arbitration is required in Section 12.A, small claims actions, or with respect to the enforcement of any arbitration decision or award with respect to an Arbitration Dispute, any action or proceeding relating to the Site and/or these Terms may only be instituted in state or Federal court in Tarrant County, Texas. Accordingly, you and Pier 1 Imports consent to the exclusive personal jurisdiction and venue of such courts for such matters, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
G. Applicable Law. These terms and conditions, and any additional terms of the Program will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions.
12. Right to Change/Modify
Pier 1 Imports reserves the right to amend, modify, limit, and/or restrict the Program or any aspects or features of the Program at any time without prior notice to Members. Any changes or modifications to these Terms will be effective immediately when posted on https://www.pier1.com/pages/pier1-vip.
You are responsible for any personal tax liability related to participating in the Program. The Program is void where prohibited by federal, state or local law. We reserve the right to approve, deny or revoke participation in the Program to any individual for any reason whatsoever. These terms and conditions set forth all the terms of the Program; we have no other obligation with respect to the Program beyond those described in these terms and conditions.
- Customer Service
For questions or assistance regarding the Program, please contact us at (888) 384-0700, or by email at firstname.lastname@example.org.