TO Owners' Club Terms & Conditions
Consent to Electronic Communications
By registering, joining or using the Owners' Club, you are consenting for TO to send to you electronic communications about the Owners' Club and your Membership.
Categories of Communications. You consent to receive communications relating to your Membership in electronic form. The communications covered by your consent may include, but are not limited to: (i) any initial disclosure statement or agreement governing your Membership, including these Terms and Conditions; (ii) any disclosure required by local law, including any disclosure under the Personal Data (Privacy) Ordinance of Hong Kong; (iii) any letter, notice or alert regarding your Membership, including, but not limited to, notices regarding expiration and renewal of your Membership, and any change to your Membership; and (iv) any other disclosures, notices or communications in connection with the application for, opening of, and maintenance of your Membership. Such electronic communications may include your name and certain information about your Membership, including the expiration date of your Membership and Membership renewal fee. Electronic communications may be reviewed by any party, including us, with access to your Membership, the email account you have provided to us for delivering these communications, or the hardware or software you use to view your Membership information or your email account.
How to Withdraw Your Consent. You may not apply online for a Membership, and you may not register your Membership for online services (including electronic statements or mobile alerts), additionally, we require you to provide your consent to receive electronic communications. If you have registered for online services (such as electronic statements or mobile alerts) and you subsequently wish to withdraw your consent to receive future electronic communications, you must unsubscribe from each service you have elected to receive in order to completely withdraw your consent to receive electronic communications. Any withdrawal of your consent to electronic communications will be effective only after we have a reasonable period of time to process such withdrawal request.
How to Update Your Records. You agree to promptly update your contact information, including your email address, if it changes, by providing such updated information by calling any TO Gallery or emailing firstname.lastname@example.org.
Paper Copies of Communications. Upon your request, we will provide you with a paper copy of any communication that we provide to you electronically. If you would like a paper copy of any such communication, please email us at: email@example.com or speak to a TO Ambassador at any TO Gallery. There will be no charge for any paper copy.
Communications in Writing. All communications in either electronic or paper format from us to you will be considered to be in writing. You should print or download a copy of this consent, these Terms and Conditions and any other electronic communication that is important to you for your records.
US Federal Law. You acknowledge and agree that your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business and communicate with you by electronic means.
Owners' Club Benefits
The Owners' Club is a paid membership Programme that, subject to these Terms and Conditions and applicable law, provides members of the Owners' Club with the following TO Gallery and online benefits:
- 20% savings on all purchases over HK$40,000* (RRP) from TO and Noble Souls
- Free delivery*1 of all furniture and lighting within 100 miles from the TO Gallery, or within national or territorial borders, whichever is closer
- A membership email newsletter, with advanced notice to store events, including any store clearance events
- Personal assistance from a Timothy Oulton Ambassador to coordinate store visits, interior design and room-planning advice,
Early access to certain events. *Limited exclusions apply. See Benefit Exclusions below.
*1 The benefit of free delivery covers deliveries to ground floor with off-street parking only, and assumes easy accessibility to delivery address. In the event that a delivery is more complex and requires more than the standard truck transport and labour, such as multi-storey hand-carrying, or crane hire for high floor installation, and other such extraneous access matters, any additional cost costs shall be borne by you, the member.
Owners' Club benefits are valid only at certain TO Galleries, and Noble Souls Galleries and at any online website for the foregoing TO brands.
Owners' Club benefits do not apply to purchases made at any TO Outlet store, or other food and beverage purchases at any gallery. Certain products may be excluded from the Owners' Club benefits.
The Owners' Club benefits cannot be used in conjunction with any coupon or with any corporate or prearranged group discount, unless specifically stated otherwise in the applicable coupon or discount.
This Owners' Club is for individual consumers only and is not available to any company or corporate entity/enterprise. If you are a company or corporate entity/enterprise, please ask a TO Ambassador for details about our TO Trade Programmes. Without limiting the foregoing, the Owners' Club benefits cannot be used in conjunction with employee discounts, preferred friends discount or corporate or institutional discounts. TO may also offer certain existing or new Programmes, promotions, merchandise categories and other offers that are not eligible to be combined with Owners' Club benefits.
Owners' Club discounts cannot be used toward the purchase of gift cards, applicable fees for swatches, gift boxes, personalization/monogramming, shipping and handling or toward applicable taxes.
Certain items are excluded from the free delivery including leather accessories, candles and other small cash and carry items. All clearance or outlet product are excluded from free delivery.
Owners' Club is not applicable in any franchise partner TO Gallery only those wholly owned galleries specified below:
- Hong Kong - Hollywood Road
- Hong Kong - Horizon Plaza
- US - Los Angeles
- US - Connecticut
- US - San Francisco
- US - New York
- UK – Heals
- UK - Bluebird
This list may be amended from time to time, if you require an up to date list please request it from your nearest TO Gallery or from firstname.lastname@example.org.
Owners' Club Terms and Conditions
You must be at least eighteen (18) years of age or older, depending on the age of majority in the place of your residence, to register for, join or use the Owners' Club.
OWNERS' CLUB FEE, TERM AND RENEWALS
THE FEE FOR THE OWNERS' CLUB (THE "MEMBERSHIP FEE") IS ONE HUNDRED DOLLARS (USD $100.00) PER YEAR FOR MEMBERS WHO REGISTER IN THE US, GBP100 FOR MEMBERS WHO REGISTER IN UK GALLERIES AND HKD500 FOR MEMBERS WHO REGISTER IN TO GALLERIES IN HONG KONG, PLUS ANY APPLICABLE TAXES, AND IS NON-REFUNDABLE. TO MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THE MEMBERSHIP FEE FROM YEAR TO YEAR.
YOUR MEMBERSHIP WILL NOT RENEW AUTOMATICALLY EACH YEAR.
IF YOU WISH TO CANCEL YOUR MEMBERSHIP, YOU MAY DO SO BY CALLING ANY TO GALLERY OR EMAILING email@example.com.
IF YOUR PAYMENT CARD IS DECLINED, WE MAY CONTINUE ATTEMPTING TO PROCESS YOUR MEMBERSHIP FEE UNTIL THE CHARGE IS APPROVED BY YOUR PAYMENT CARD ISSUER. IN ADDITION, YOU AGREE TO PROVIDE US WITH ALTERNATE PAYMENT CARD INFORMATION FOR PURPOSES OF PROCESSING ANY CHARGES OWED BY YOU, INCLUDING ANY APPLICABLE MEMBERSHIP FEE. WE AND OUR THIRD PARTY PAYMENT SERVICE PROVIDERS MAY REQUEST, AND MAY RECEIVE FROM ANY OF YOUR PAYMENT CARD ISSUERS OR ANY PAYMENT CARD NETWORK, UPDATED PAYMENT CARD INFORMATION, SUCH AS CANCELLATION OF ANY PAYMENT CARD ACCOUNT, UPDATED PAYMENT CARD NUMBERS OR EXPIRATION DATES. IF SUCH UPDATED INFORMATION IS PROVIDED TO US AND/OR ANY OF OUR THIRD-PARTY PAYMENT SERVICE PROVIDERS, WE MAY USE THAT INFORMATION TO PROCESS ANY PAYMENT THAT YOU HAVE AUTHORIZED US TO CHARGE TO SUCH PAYMENT CARD, INCLUDING PAYMENT FOR ANY APPLICABLE MEMBERSHIP FEE OR ANY MEMBER PURCHASES. BY ENROLLING IN THE OWNERS' CLUB, YOU HEREBY AUTHORIZE TO AND ITS THIRD PARTY PAYMENT SERVICE PROVIDERS TO UPDATE YOUR PAYMENT CARD INFORMATION AND CHARGE YOUR PAYMENT CARD USING ANY SUCH UPDATED PAYMENT CARD INFORMATION. YOUR PAYMENT CARD ISSUER MAY ALLOW YOU TO OPT OUT OF PROVIDING UPDATED CARD INFORMATION. FOR MORE INFORMATION, PLEASE CONTACT YOUR PAYMENT CARD ISSUER.
ALL SALES OF THE OWNERS' CLUB ARE FINAL.
Except as expressly set forth in these Terms and Conditions or otherwise required by applicable law, paid Membership Fees are non-refundable. If you decide to cancel your Membership, your Membership will automatically expire at the end of your then-current Membership term.
Each Membership is exclusive to one Member only. Neither a Membership nor its benefits are transferable or assignable to, and may not be used by, any individual not listed on such Membership in accordance with these Terms and Conditions. You may join the Owners' Club at any TO Gallery. For Owners' Club benefits to apply to a particular purchase, your Membership must be active and available at the time of purchase. You may provide the TO Ambassador with your name, email address and phone number to verify your Membership, so that you receive your applicable Owners' Club benefits. Your Membership will become active at the time of joining the Owners' Club and point of purchase; and its benefits may be applied immediately to any purchase made after you become a Member. Enrolment and participation in the Owners' Club are voluntary, optional and not required to complete any transaction or sale, including, but not limited to, any credit or debit card transaction.
TO reserves the right, in its sole and absolute discretion, to exclude any individual(s) from the Owners' Club or to terminate any Membership, for any reason, including, without limitation, abuse of the Owners' Club, failure to follow these Terms and Conditions, or fraud, misrepresentation or other conduct detrimental to the interests of TO. Any such exclusion or termination may affect eligibility for further participation in the Owners' Club and/or any other TO Programme.
The Owners' Club makes available special discounts, savings and/or complimentary access (as applicable) with respect to certain goods and services, as expressly provided in these Terms and Conditions. Notwithstanding anything herein to the contrary, no services are made available pursuant to these Terms and Conditions; and services made available by TO are made available subject to separate terms, and certain goods may be subject to separate terms as well.
Changes to Owners' Club and these Terms and Conditions
TO may, in its sole and absolute discretion, change any provision of these Terms and Conditions, including, without limitation, Owners' Club benefits, exclusions and fees, at any time and without liability. TO may notify you of such changes by any reasonable means, including by posting revised Terms and Conditions on this page or on our websites offering the Owners' Club. Any change to these Terms and Conditions shall take effect immediately, unless otherwise provided by TO or otherwise required or prohibited by law. You may view the current version of the Terms and Conditions at any time at any TO website.
You may also obtain a copy of the current Terms and Conditions from the Timothy Oulton Website www.timothyoulton.com. It is your responsibility to check or review the Terms and Conditions from time to time to keep informed of changes. The "Last Updated" legend above indicates when these Terms and Conditions were last changed.
To the fullest extent permitted by applicable law, if you continue to use your Membership after we change these Term and Conditions, or if you do not cancel your Membership as described above, you will be indicating your acceptance of such changes. If any change to these Terms and Conditions is for any reason found invalid, void or unenforceable, such change is severable and will not affect the validity and enforceability of any remaining change or any other provision of these Terms and Conditions.
Accuracy of Information
We expect Members to submit and maintain accurate and current information in connection with their Membership. Such information includes, without limitation, name, address, email address and phone number. Members are responsible for ensuring that all of their account information is up-to-date and accurate (as account information such as, without limitation, a Member's billing address may affect certain Membership renewal terms and legally mandated notice requirements). Members can change their Membership information by: (i) requesting an update from a TO Ambassador at any TO Gallery or (ii) contacting firstname.lastname@example.org. We are not responsible or liable for any correspondence (including any physical mail or email) that is lost, delayed or misdirected.
Marketing & E-Mail Communication
Unless you expressly opt-out, by joining the Owners' Club, you, to the extent permitted by applicable law, automatically subscribe to TO's marketing and e-mail exclusives and will receive, and agree to receive, promotional mail and emails from TO. The foregoing applies to residents of the U.S. only. Unsubscribing from TO's marketing and/or email exclusives will not discontinue your Membership. If you do not wish to receive future marketing and/or email exclusives, you can request that they be discontinued by speaking to a TO Ambassador in a TO Gallery or contacting email@example.com. We will seek to implement your request within a reasonable time period. Please note that Members who unsubscribe from TO's marketing and/or email exclusives will continue to receive non-marketing emails, postal mail and other communications from TO relating to the Owners' Club.
DISCLAIMERS; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) USE OF THE OWNERS' CLUB AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK; (B) THE OWNERS' CLUB AND ITS BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (C) TO AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, "OWNERS' CLUB PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND (D) OWNERS' CLUB PROVIDERS MAKE NO WARRANTY THAT: (I) THE OWNERS' CLUB WILL MEET YOUR REQUIREMENTS; (II) THE OWNERS' CLUB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE OWNERS' CLUB WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW; (A) OWNERS' CLUB PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR MEMBERSHIP IN, YOUR PARTICIPATION IN, YOUR MEMBERSHIP IN AND/OR THE TERMINATION OF YOUR MEMBERSHIP IN, THE OWNERS' CLUB; AND (B) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE OWNERS' CLUB OR ANY BENEFITS THEREOF; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE OWNERS' CLUB; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR OWNERS' CLUB DATA; OR (IV) ANY OTHER MATTER RELATING TO THE OWNERS' CLUB OR YOUR MEMBERSHIP.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABE LAW: THE MAXIMUM COLLECTIVE LIABILITY OF THE OWNERS' CLUB PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE GREATER OF (1) THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO THE OWNERS' CLUB PROVIDERS IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE OWNERS' CLUB IN THE PREVIOUS TWELVE (12) MONTHS; AND (2) FIVE HUNDRED HONG KONG DOLLARS (HKD500.00). EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABE LAW, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE OWNERS' CLUB PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS (AND THE LAWS OF CERTAIN JURISDICTIONS), DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
We may terminate or decline to renew your Membership at our reasonable discretion, including if we suspect that you have breached any provision of these Terms and Conditions, and as otherwise provided herein. No failure to insist upon or enforce strict compliance with these Terms and Conditions will constitute a waiver of any provision hereof or any of our rights.
Governing Law: Arbitration
Subject to applicable law, these Terms and Conditions are governed by the laws of the Hong Kong SAR.
As between you and TO, all Owners' Club materials, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement and assembly thereof) is the exclusive property of TO, and is protected by local and international copyright and other intellectual property laws. Unless otherwise indicated on a particular part of the Owners' Club materials, you are granted permission solely to electronically copy and print portions of the Owners' Club materials for the sole purpose of using the Owners' Club materials for your personal, non-commercial use, subject to these Terms and Conditions. Any other use of any Owners' Club materials (including any reproduction, modification, distribution, republishing, transmission, display or performance) without the prior written permission of TO is strictly prohibited.
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