Dawsons Rewards Programme Policy
Last updated: 4 January 2024
1. AGREEMENT TO TERMS AND CONDITIONS
1.1 Vista Musical Instruments UK Limited (“we”, “our” and “us”) operates a loyalty rewards programme named ‘Dawsons Rewards Programme’ (“Programme”).
1.2 In addition to our Terms of Use and our Privacy Policy, which are incorporated herein by reference, the following additional terms and conditions govern the Programme (these “Terms”). If you do not accept these Terms, our Terms of Use and our Privacy Policy, please do not apply to be a member of the Programme.
1.3 By signing up for membership to the Programme, you acknowledge that you have read and understood these Terms, our Terms of Use and our Privacy Policy and agree to be bound by all of them.
2. ELIGIBILITY AND MEMBERSHIP
2.1 Any customer who is an individual (“you”) may apply to be a member of the Programme by signing up for an account (“Account”). To sign up for an Account with us, you must be 18 years or older and a resident of the UK.
2.1 You may only have one (1) Account and one (1) membership per Account. Your membership is not transferable and shall be for your personal use only.
3. POINTS
3.1 On or after 4 January 2024, a member may earn points (“Points”) by participating in the following qualifying transactions (“each a “Qualifying Transaction”):
(a) making in-store or online purchases with us;
(b) referring friends to the Programme; or
(c) following our official Instagram and Facebook pages.
3.2 We may provide other Qualifying Transactions for you to earn Points from time to time.
3.3 If you subsequently void or cancel a Qualifying Transaction, any Points issued to you pursuant to such Qualifying Transaction will be deducted from your Account. If there are insufficient Points available in your Account at such time, this may result in the Points balance in your Account being negative.
3.4 We may, at our sole and absolute discretion, increase or decrease the rate of Points to be awarded for each Qualifying Transaction. Our decision on the allocation of Points awarded for a Qualifying Transaction shall be final and we shall not be obliged to provide you with an explanation on the calculation of Points.
3.5 Points are automatically canceled upon termination of the Programme or when you cease to be a member of the Programme. You shall not be entitled to any compensation for the cancellation of Points by us pursuant to these Terms.
3.6 You may check your Points balance in your Account, which shall serve as conclusive evidence of the same.
3.7 Points hold no cash value and cannot be exchanged for cash. They cannot be purchased, resold or transferred, for value or otherwise under any circumstances. Points shall not be regarded, construed or used as valuable or exchangeable instruments under any circumstances.
3.8 Points shall be valid for six (6) months from the date they are earned. There shall be no extension of time for the validity period of any unused Points. Any expired and unused Points will be automatically forfeited without compensation and without notice to you. Forfeited Points cannot be reinstated. Points used on a purchase that is refunded will be reimbursed and retain their original earning date. If the expiration date on the reimbursed points has already passed, the points will immediately expire on the day of the refund.
3.9 You shall be responsible for any taxes, levies or dues that arise in connection with the issuance of Points to you, your redemption of Points and all costs and expenses relating the same shall be borne by you.
3.10 Points will not be awarded for purchases made for gift cards or via gift cards. However, if an order is processed via a partial payment of both gift card and credit card, points are earned on the credit card spend.
4. REDEEMING POINTS
4.1 You may use your Points to offset your payments when making a purchase with us. When making an in-store purchase, to facilitate the deduction of the Points from your Account towards such payments during checkout, you must ensure that you are logged into your Account and provide your email address to our staff.
4.2 Any Points once deducted from your Account will not be reinstated to you for any reason whatsoever.
4.3 We may, in our sole discretion, reject your request to redeem Points, suspend or terminate your membership in the Programme, and/or suspend or terminate your Account, for any reason, including without limitation, if you are in breach of these Terms, our Terms of Use and our Privacy Policy, or where we reasonably believe that the purchasing or redemption transaction may be suspicious, illegal, involves any criminal activity or involves Points that have been obtained through dishonest or fraudulent means.
5. MEMBERSHIP TIERS
5.1 The Programme offers three (3) membership tiers with minimum spend requirements as set out below:
| Tier | Minimum spend requirements |
|---|---|
| Bronze | You will automatically be accorded Bronze membership upon your entry into the Programme when you sign up for an Account. There are no minimum spend requirements. |
| Silver | To obtain Silver membership, you must spend a minimum of £1,000 in-store or online within a period of 365 days. Your Silver membership shall be valid for 365 days from the date of qualification, and requires annual requalification. |
| Gold | To obtain Gold membership, you must spend a minimum of £3,000 in-store or online within a period of 365 days. Your Gold membership shall be valid for 365 days from the date of qualification, and requires annual requalification. |
5.2 Upon expiration of your membership tenure in a particular tier, and if you have not made the minimum spend to be retained in that tier, you shall be downgraded to the next relevant membership tier.
6. CESSATION OF MEMBERSHIP
6.1 If you no longer wish to be a member of the Programme, you may do so by terminating your Account. Your membership in the Programme will also automatically cease upon termination of your Account.
6.2 Upon your cessation to be a member of the Programme, all your outstanding Points at such time shall be automatically canceled. Points should be redeemed before ceasing membership as once canceled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
7. MANAGEMENT OF THE PROGRAMME
7.1 To the maximum extent permitted under applicable laws, in order to facilitate our management of the Programme, we reserve the right, at any time in our sole discretion and without notice to you, to:
(a) vary, modify or amend these Terms;
(b) suspend the calculation and accrual of Points or adjust the calculation;
(c) revoke, adjust and/or recalculate any Points awarded to you;
(d) withhold or cease the awarding of Points to you;
(e) change the number of Points required for offsetting of payments against purchases;
(f) add, remove or otherwise change the Qualifying Transactions;
(g) change the number of Points that can be earned from a Qualifying Transaction;
(h) change the methods used to calculate the number of Points to be awarded;
(i) change the minimum spend and period requirements or other criteria for any membership tier, and their requalification criteria;
(j) change or withdraw any benefits related to a particular membership tier; and
(k) change the duration for Points to expire.
7.2 Additionally, we may at any time in our absolute discretion, modify, suspend or terminate the Programme without giving you any prior notice or reason. For the avoidance of doubt such modification, suspension or termination shall not entitle you to any claim or compensation against us for any losses or damages suffered or incurred as a direct or indirect result of such modification, suspension or termination.
8. LIMITATION OF LIABILITY
8.1 Notwithstanding anything contained herein and to the maximum extent permitted by applicable law:
(a) the Programme is provided to you strictly on an “as is” and “as available” basis, with all faults and without any warranty of any kind, and
(b) we hereby disclaim all warranties, including without limitation, warranties as to fitness for purpose or that the Programme will meet your requirements or expectations; and
(c) in no event shall we or our affiliates be liable for any incidental, punitive, consequential and/or indirect losses, any loss of income or profits, reputation, business, revenue or goodwill and/or any other type of special loss or damage howsoever arising whether or not such losses and/or damages were reasonably foreseeable or we had been advised of the possibility of the same incurring.
8.2 Notwithstanding anything contained herein and without prejudice to our rights and remedies under these Terms or at law, we shall not be liable in any manner whatsoever for any claims, indemnity, proceedings, demands, suits, liability, loss, damage, costs (including legal fees) and/or other expenses (“Claims”) to the extent that such Claims is due to or arises from any of the following:
(a) any unauthorised use of your membership by you, or caused or permitted by you;
(b) any unauthorised use, or redemption of Points by you, or caused or permitted by you;
(c) any failure by you to provide us with information necessary for the administration of the Programme;
(d) any failure, breach, neglect, negligence or omission on your part; and
(e) any technical system failure or circumstances beyond our control.
9. PERSONAL DATA
9.1 You are required to provide us with your personal data when you sign up to be a member of the Programme and from time to time during the term of your membership. You shall ensure that all relevant information is made available to us and kept updated from time to time. You shall notify us promptly of any changes to your personal data provided to us.
9.2 In the event that any third party personal data is provided by you to us, you are responsible for ensuring that all necessary consent has been obtained from such third parties and that such third parties have agreed to the processing of his/her personal data by us in accordance with our Privacy Policy and these Terms.
9.3 You acknowledge and agree that we may collect, use, store, disclose, transfer and otherwise process your personal data for the purpose of administering the Programme in accordance with our Privacy Policy and these Terms, which may include disclosure and processing to third parties who may be located overseas, and for our marketing and data analysis purposes.
9.4 If you have any questions, concerns or feedback regarding our Privacy Policy, you may contact us.
9.5 By being a member of the Programme, you may subscribe to receive marketing materials, promotional literature and communications from us from time to time. If you are already receiving marketing materials or promotional literature and do not wish to continue to do so, you may unsubscribe via the marketing email or let us know by contacting us.
10. GOVERNING LAW
10.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales and without regard to its conflict of law provisions. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
10.2 In the event of any conflict between these Terms, our Terms of Use and our Privacy Policy, these Terms shall prevail.