CUSTOMER SERVICE

Last updated [Nov 1], 2021

Waves De La Mer Loyalty Program:
Terms and Conditions of Participation

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION FOR THE WAVES DE LA MER LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

1. Membership Eligibility and Overview

1.1. The Waves De La Mer Loyalty Program (“Program”) is offered at the sole discretion of La Mer Hong Kong operated by Estée Lauder (Hong Kong) Limited (“La Mer,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. The Waves De La Mer program is available to individuals who are at least 18 years of age. No Purchase is needed to join the Program. Employees of the Estée Lauder companies and employees and individuals employed by our business partners or vendors who are interested to join this Program for personal use will not be eligible for certain Program benefits.

1.2. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agreed to be bound by these Waves De La Mer Loyalty Program: Terms and Conditions of Participation (the “Terms”) and by any changes or modifications we may make in accordance with section 6 of these Terms. You should review these Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy which are incorporated herein by reference. If you do not agree to these Terms, our website Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.

2. Program Enrollment

2.1. Eligible individuals may enroll in the Program through one of the following options:

2.1.1. Visit www.lamer.com.hk (“Site”) and follow the Program prompts to register for the Program.

2.1.2. Visit any freestanding store*, Concept Store* or department store counter** operated by La Mer in Hong Kong or Macau (collectively "Stores", and each a "Store") and tell a store associate you would like to register for the Program.

*La Mer freestanding store counters or Concept Store counters participating in the Program are situated at the following locations: Pacific Place, New Town Plaza, V City, K11 Musea, Landmark North Pop-up Store and Harbour City. This list is subject to change from time-to-time in accordance with section 6 of these Terms below.

**La Mer department store counters participating in the Program are located at the following third party department stores: Lane Crawford, SOGO, Harvey Nichols, Langham Beauty and New Yaohan (Macau). This list is subject to change from time-to-time in accordance with section 6 of these Terms below.

2.2. You are required to provide your first name, last name, mobile phone number, email address, location and month of birth in order to enroll. If you enroll at the Site, you must also create a password in order to enroll. You may also have the opportunity to provide us with your preferred salutation, date of birth and age group, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.

2.3. Only one Program account may be associated with a single member and a single email address and mobile phone number. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address or mobile phone number submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address or mobile phone number by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address or mobile phone number.

3. How the Program Works

3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and for participating in certain brand experiences. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you reach a certain loyalty tier and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier and/or number of points, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.) Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.

3.2. The Program is a tier-based program determined by the qualifying spend on eligible purchases and through qualifying activities, beginning on the date when you enroll. There are 3 tiers with associated benefits:

• Tier 1, Marine  0 – $11,999
• Tier 2, Aquamarine  $12,000 – $29,999
• Tier 3, Ultramarine  $30,000 or above

When you join, you’ll automatically be placed in Tier 1, Marine and be eligible for all the benefits Tier 1 members receive. Once you spend at least $12,000 in your first year, you’ll be automatically moved up to Tier 2, Aquamarine. When you spend $30,000 or more in your first year, you’ll be qualified for Tier 3, Ultramarine.

Your status in a particular tier is good for the remainder of the year in which you qualify for that tier and the following full year. After that, you’ll need to spend enough to qualify for that tier on yearly basis subsequently. For example, if you qualify for Tier 2, Aquamarine, during your first year, you’ll maintain Aquamarine status during your second year. But, if you spend less than $12,000 on eligible purchases during your second year, you’ll drop back down to Tier 1, Marine status on your second anniversary date.

3.3. Members receive at least 1 point for every 1 Hong Kong Dollar (HKD 1) spent on eligible purchases at the Site or Stores, however the actual points earned depend on the channel and location of purchase as well as your tier status. Eligible purchases include regular priced merchandise and exclude redemption items, samples and gifts with purchases, shopping bags, sales tax, discounts, shipping and delivery charges, and/or other ad hoc promotions and excluded charges specified by us from time-to-time. All points earned from purchases on the Site are pending until your order ships. For your purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase, by signing into your online account on the Site or by providing your Program member identifying information (e.g. name, registered email address and/or phone number) to a store associate in a Store. If you are not a member of Waves de La Mer at the time of purchase, you must enroll in Store or on www.lamer.com.hk within the next 24 hours, using the same email address you provided at the time of purchase, in order to be eligible to earn points on that purchase. However, if your membership in the Program is terminated for any reason and you enroll in a new Program account, any purchases made prior to the date you enroll in a new Program account do not qualify for points.

3.4. Purchases made outside of Hong Kong or Macau are not eligible for the Program.

3.5. In addition to these purchases, you may also earn points for taking certain Program actions at the Site or in Stores. Please see our FAQs for a list of the current ways to earn points at the Site or in Stores. To earn points, you must be a Program member and provide your Program member identification before completing the actions, by logging onto your Program account or by providing your Program member identifying information (e.g. name, registered email address and/or phone number) to a store associate in a Store. The number of points, if any, awarded for each action is determined by La Mer in its sole but reasonable discretion and in all cases subject to a maximum number of points earned for each action per year.

3.6. Points are valid for one year from your Program “anniversary date.” This is the anniversary of the date you enrolled in the Program and occurs on a 12-month cycle. On your anniversary date each year, your points reset to zero (0) and you start accumulating new points benefits and unlocking new rewards. For those of you who enrolled in the old La Mer Hong Kong Miraculous Rewards[, you are automatically enrolled in the Program and your point balance from the old La Mer Hong Kong Miraculous Rewards is also migrated to the Program. The cut-off date of such point balance shall remain as 30 June 2022 according to the old La Mer Hong Kong Miraculous Rewards terms and conditions. Thereafter, your anniversary date under the Program shall be 1 July each year.

4. Product Rewards and Benefits

4.1. As a member, you earn points that determine your points benefits. Product rewards and samples are shipped with product purchases or at a delivery cost on the Site, or redeemable in-Store. You must be logged in to your Program account on the Site or provide your Program member identifying information (e.g. name, registered email address and/or phone number) to a store associate in a Store to use your benefits.

4.1.1. Point Rewards: Starting at 7,000 points, you are eligible to redeem some or all of these points for product rewards of certain retail value. Please login to your Waves de La Mer account or visit our Stores to see the latest reward offerings. Reward offerings are subject to availability. These rewards are based on the number of points you have accumulated in a single year as listed below. Once you have redeemed your points reward, your points balance will be reduced by the applicable points value for that reward. You must redeem your available points/rewards prior to your anniversary date, or the available points and rewards will expire. On your anniversary date, your points reset to zero (0) and you start accumulating new points and earning new rewards.

4.1.2. Tier Benefits: Certain benefits are based on tier achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. Tier benefits can be redeemed on the Site or in Stores, depending on the benefit. On your anniversary date, even though your points reset to zero (0), your initial tier status for the year is determined by your qualifying spend in the prior year. Please review our FAQs for more information on how to redeem your tier benefits.

4.2. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the member paying for the products may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) are confidential and should not be shared with any other person.

4.3. Rewards, benefits and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer, or assignment of any rewards benefits, or points offered through the Program, other than by us, is expressly prohibited.

4.4. Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.

4.5. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our reasonable sole discretion, may result in the violation of these Terms.

4.6. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.

4.7. We reserve the right in accordance with section 6 below to:

• change Program benefits, how you reach each Program tier, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity;
• place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.

4.8. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact La Mer Customer Service per the contact information in section 11 below. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications after the mentioned timeframe about purchases or other Program activities not being credited to an account.

4.9. Rewards can be redeemed in Stores operated by La Mer Hong Kong in Hong Kong or Macau, and/or on the Site, depending on the reward.

5. Program Communications

5.1. By enrolling in the Program, you will be automatically subscribed to receive Program related communications. You will be subscribed to receive marketing communications related to La Mer and the Program, only after you have indicated your consent to receive marketing information and only through the channels to which you have consented.

5.2. You may opt-out of receiving marketing information or Program-related messages at any time by following the instructions provided in such communications and as otherwise provided in the La Mer Privacy Policy, but operational communications will still be sent to you as they relate to your membership in the Program. Examples of these include, but are not limited to, redemption confirmation emails, profile update emails, or other communications that relate to your account. If you terminate your Program membership, you will no longer receive any Program-related communications.

6. Termination and Modification

6.1. We may cancel, modify, restrict or terminate these Terms, our FAQs, and/or the Program or any aspect or feature of the Program from time to time, and such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits. We will use reasonable endeavours to provide advance notice to you of any material changes to or the cancellation, modification or restriction of these Terms, our FAQs and/or the Program in writing or by posting it on the Site or our other channels. You should review these Terms and the FAQs frequently to understand the terms and conditions that apply to the Program. The date of the latest update to these Terms and the FAQs will be stated clearly on the Site and the changes made by that update will only apply from the specified date. If you disagree with any changes to these Terms, our FAQs and/or the Program, you may cancel your membership in accordance with section 6.3.

6.2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole reasonable discretion. Any suspected abuse of the Program, failure to follow any sections of these Terms, illegal activity, fraud, misrepresentation or other conduct which we consider (acting reasonably) to be inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.

6.3. If you decide you no longer want to be a part of the Program, you may cancel your membership by contacting Customer Service per the contact information in section 11 below. If you cancel your membership, you will lose all accumulated points, benefits and your tier status will automatically expire.

7. Disclaimer of Warranties; Limitation of Liability

7.1. TO THE MAXMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LA MER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

7.2. FURTHER NEITHER LA MER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE THOUSAND HONG KONG DOLLARS (HKD1000.00).

7.3. TO THE MAXMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

8. Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.

9. Governing Law and Disputes

9.1. This Program and these Terms will be governed by and construed under the laws of Hong Kong, and you submit to the exclusive jurisdiction of the courts of Hong Kong.

10. Privacy

The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with the La Mer Privacy Policy. Without limiting the foregoing, we will use and retain your personal information to (1) provide goods and services to you, such as servicing and maintaining your Program membership with us; (2) protect against deceptive and fraudulent activity; (3) enable internal uses that are consistent with our Privacy Policy, and (4) comply with legal obligations.

11. Contact Us

For information about the Program and your membership, contact Customer Service by calling +852 31014917 or via email at cs@lamer.com.hk. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also find answers from helpful frequently answered questions in our FAQs.

12. Severability

If part or all of any clause of these Terms is unenforceable, it will be severed, and the remainder of these Terms will remain in full force and effect.

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