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The Simons Terms and Conditions

The Simons loyalty program (hereinafter "the program") is operated by La Maison Simons Inc. (hereinafter "La Maison Simons"). La Maison Simons specifically reserves the right to amend, alter, withdraw or terminate the program, in whole or in part, including, without limitation, any privilege or member status, at any time, without prior notice or compensation.

By taking part in this program, including by accepting to join, continuing their membership or using The Simons card, each The Simons member (hereinafter "the member") agrees that they have read, understood and accepted these program Terms and Conditions (hereinafter "Terms and Conditions") and any changes La Maison Simons may make to them at any time and at its sole discretion.

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Program Eligibility

 The program is limited to natural persons and no company, association, trust or other entity is eligible for the program.

People aged fourteen (14) years and over may become members of the program on the condition that they provide a valid email address and a valid telephone number. To become members, people aged fourteen (14) years and over but who have not yet attained the age of majority in their province or territory of residence must first receive authorization from a parent or guardian. The name on the account must be the member's legal name.

Registration

 Registration in the program is done on an individual basis and is free of charge, and no purchase is required. To take advantage of the program benefits, a person must become a member and complete their registration to confirm their enrolment. To do so, they must acquire a virtual The Simons card in store or online at simons.ca, then complete the activation process by following the instructions at simons.ca/activate. Each person may only have one account.

Earning Points

 To earn points on purchases, members must have activated their The Simons account, and present their The Simons card when making purchases in store or log into their simons.ca account before making online purchases. Each Canadian dollar in purchases earns one (1) point, deposited into the account within forty-eight (48) hours after the transaction. In case of a refund, all points awarded for that purchase will be automatically deducted from the account.

Points earned and all other program benefits belong solely to the member and may not, under any circumstances, be transferred, exchanged, bequeathed or otherwise transmitted. For each transaction, points can only be earned by one member. Points may be earned on all merchandise sold in Simons stores or online at simons.ca, except delivery fees, shipping and return surcharges, gift cards, postage and tax.

Membership Tiers

 The program has three (3) membership tiers (hereinafter "the tiers"): a) Enthusiast; b) Connoisseur; and c) Insider. Eligibility criteria for each tier are as follows:

1. Enthusiast: annual purchases of zero to nine hundred and ninety-nine Canadian dollars (Can$0-999);
2. Connoisseur: annual purchases of one thousand to three thousand nine hundred and ninety-nine Canadian dollars (Can$1,000-3,999);
3. Insider: annual purchases of four thousand Canadian dollars (Can$4,000) or more.

Each member's annual purchase level is calculated from November 1 to October 31. The Enthusiast tier represents the base membership level; once a member satisfies the eligibility criteria for the higher Connoisseur and Insider tiers, this tier promotion comes into effect within ten (10) days and will remain in effect until October 31 of the following year. If the member once again satisfies the eligibility criteria as of October 31, they will maintain their higher status until October 31 of the following year; otherwise, they will be reclassified to the appropriate status level as of November 1, based on their annual purchases. At any time throughout the year, a member may qualify or requalify for a higher tier once they have met the eligibility criteria; a member can only be reclassified to a lower status level once per year, on November 1. The privileges associated with each tier cannot be granted retroactively and may be modified at any time, in whole or in part.

Double Point Periods

 Welcome gift: For a period of ten (10) days after the The Simons account's activation, the member can earn double points on eligible purchases, i.e. two (2) points per Canadian dollar spent. After this period, the regular earning rate comes into effect.

Birthday gift: During their birthday month, the member can earn double the points, or two (2) points per Canadian dollar spent, on the eligible purchase that generated the most points. This offer applies to only one (1) transaction, which must have been made during the birthday month in question to be eligible. The purchase earning double points is determined once the birthday month is over, after which the bonus points are deposited into the member's account within forty-eight (48) hours.

Program Benefits

 To enjoy all their benefits, members must have activated their The Simons account.

As well as allowing members to earn one (1) point per Canadian dollar in purchases, the program offers the following benefits, according to the member's tier:

• Bonus point promotions (for all members): These promotions allow additional points to be earned on top of base points. They may be limited according to member status, geographic location or participating stores, and may vary without notice at the sole discretion of La Maison Simons.

• Double the points on the purchase made during their birthday month that generated the most points (for all members): Consult the "Birthday Gift" paragraph of these general terms and conditions.

• Online and in-store contests exclusively for The Simons members (for all members): Organized online or in store, these contests may be limited according to member status, geographic location or participating stores, and may vary without notice at the sole discretion of La Maison Simons.

• Free online returns (for all members residing in Canada): This perk allows you to return items by mail without paying the base fee of Can$9.99 per shipment. It applies to online return requests that are eligible according to the return policy. The offer excludes return surcharges that may apply to certain specified items based on their size, weight, storage location, or destination. These fees are independent of the free-shipping offer.

• In-store returns without receipts (for all members): Upon presentation of their membership card, The Simons members may return merchandise without a receipt.

• In-store returns of online orders (for all members): When returning an online order in store, members get 2x the points on an in-store purchase made the very same day, with the exception of online-only items. Only for a limited time.

• Forty-five (45) day return period (for Enthusiasts) or sixty (60) day return period (for Connoisseurs and Insiders) for regular-priced items: This period applies to items purchased at a regular, reduced, or promotional price; sale items must be returned within ten (10) days. All points earned on returned items will be deducted from the member's The Simons account.

• Free home delivery for all purchases of Can$50 or more (for all members): This offer applies to all online orders of Can$50 or more before taxes. A shipping surcharge may apply to certain items based on their size, weight, stroage location, or destination. These fees are independent of the free-shipping offer.

• Extra points on ship-to-store orders (for all members): Members get 2x the points on their online orders shipped store, with the exception of direct orders and online-only items. Only for a limited time.

• Unlimited free in-store alterations (for Insiders): This benefit includes hemming and minor alterations; it excludes extensive tailoring services.

• Exclusive events (for Insiders): These events are organized at the sole discretion of La Maison Simons; they may vary and be limited according to member status, geographic location or participating stores.

Point Redemption

 Each November, members will receive a rewards card (the "rewards card") if they've accumulated a minimum five hundred (500) points. The rewards card amount is rounded down to the nearest Canadian dollar and corresponds to two percent (2%) of total points accumulated. Applicable taxes are included in the nominal value of this card. If the minimum amount of points required to qualify for a rewards card is not reached or if a balance of points remains after points are converted into a rewards card, all unused points will carry over to the following year.

Point Expiry

 The points earned by a member are valid as long as the member's account remains active. To remain active, the account must be subject to at least one (1) point accumulation per period of thirty-six (36) months. If an account remains inactive after thirty-six (36) months, all points earned will be lost and the account balance will return to zero (0).

Damaged, Lost or Stolen Cards

 A virtual version of your membership card is always available in your online account. Our in-store team can also access your profile to link it to your transactions if you so request. We are no longer distributing physical cards as per our sustainability efforts. If you have any questions, we invite you to ask our in-store customer service team or contact them at 1-877-666-1840.

Limitation of Liability

 La Maison Simons and its directors and officers disclaim all liability for any inconvenience, such as losses, damages or fees that may arise, directly or indirectly, from: a) the program or the enrolment of a member in the program; b) any breach, delay or decision on the part of La Maison Simons in the operation of the program, the amendment of these Terms and Conditions or the manner in which rewards are earned; c) the unauthorized use of a The Simons card or rewards card; d) any offer, representation, statement or claim related to the program, or a supplier, product or service; or e) the purchase or use of products or services offered by La Maison Simons.

Termination, Changes and Breach of Conract

 La Maison Simons reserves the right to modify the present Terms and Conditions, as well as any aspect of the program, at any time and without prior notice. If a member: a) fails to comply with these Terms and Conditions; b) abuses the privileges afforded them under the program; c) behaves in a prejudicial manner towards the program; d) commits a fraudulent act; e) makes a false declaration or provides false or misleading information to La Maison Simons; or f) dies; La Maison Simons reserves the right to terminate their membership in the program, close their account, remove the points contained in the account and/or cancel any rewards card. Any point or rewards card that expires or is cancelled for any reason whatsoever becomes void without compensation.

Confidentiality of Personal Information

 Simons respects your right to privacy. Please refer to our privacy policy for further information about how we gather, use, divulge and otherwise manage personal information.

General

 La Maison Simons assumes no contractual or legal responsibility to its members.

The accumulation of points does not entitle members to any vested rights and members may not rely on the continued availability of privileges or other benefits.

La Maison Simons may occasionally communicate information, services and special offers by mail or email using the contact information provided by members in their profile. Any member who does not wish to receive these communications may indicate so on their online profile or by contacting Simons customer service at 1-877-666-1840.

Each member is responsible for informing La Maison Simons of any change to their personal information by modifying their online profile or by calling Simons customer service at 1-877-666-1840. La Maison Simons shall not be liable for misdirected communications such as mail or email, or any consequences thereof.

Members are responsible for keeping up to date on program terms and conditions and their points balance at simons.ca. La Maison Simons shall not attempt to communicate statement and/or other program and/or promotional information to members. La Maison Simons shall have no liability for any failure to do so.

La Maison Simons shall be the final authority as to the interpretation of the Terms and Conditions of The Simons loyalty program.

The Simons loyalty program shall be governed and interpreted by the laws of Quebec and the laws of Canada applicable therein without giving effect to their conflict of laws principles. Every member expressly consents to the exclusive forum, jurisdiction and venue of the courts of Quebec and/or the Federal Court of Canada in Quebec, or any other judicial district or jurisdiction as La Maison Simons may determine in any or all actions, disputes or controversies relating hereto. Any disputes regarding the program or in any way arising out of the accumulation of points, the awarding of privileges, or the issue of a rewards card shall be submitted to the courts of Quebec, which shall have exclusive jurisdiction to hear such disputes.

No waiver by either La Maison Simons or the member of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
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