The Collectors Club (also referred to as "BY JOHNNY'S Loyalty Program") is a customer rewards program managed and conducted by BJPS PTY LTD T/A BY JOHNNY (ABN 52 159 090927) for the benefit of it's customers. Opting in to the program is automatic upon: the creation of a customer account by providing personal information for the BY JOHNNY database online online via the program widget or account registration page on byjohnny.com.au
Participation and Membership
Participation in the Collectors Club program is open to all BY JOHNNY customers that have access to our online store. If you are under the age of 18, you must have parental/guardian approval to opt in to the program, and further your parent/guardian must read and consent to these Terms and Conditions. These Terms and Conditions will be accepted by you at the time of opting in. If you do not agree to be bound by these terms and conditions please contact BY JOHNNY at email@example.com to request removal from the program.
Calculation of Style Points
Purchases on our online store will earn you points, provided you use the email address associated with your Collectors Club account, and are logged in to your account at the time of purchase. The Collectors Club excludes returns, refunds, delivery charges and discounts.Your Collectors Club Style Points will be calculated and accumulated over a rolling 12 month period, with points expiring 12 months from the date of earning activity. BY JOHNNY reserves the right to change points balances if it believes someone is unfairly accumulating points not within the rules set out here. Points earned as part of this loyalty program are not redeemable for cash or monetary value.
The Collectors Club Levels
As part of the program, you will unlock Collectors Club levels by purchasing goods on our online store and /or performing certain 'point-earning' actions:
LEVEL 1 - To reach LEVEL 1, you need to spend $0 - $500
LEVEL 2 - To reach LEVEL 2, you need to spend $500 - $1100
LEVEL 3 - To reach LEVEL 3, you need to spend $1100
Once you unlock a Collectors Club Level, you will hold this level for 12 months. To stay on this level before the 12 month expiry, you need to spend above the minimum account allocated to each level. Collectors Club members will unlock the next level as soon as they have spent above the minimum amount allocated to the level above.
Any transactions that occur in one of BY JOHNNY's partner retail stores will not count towards the Collectors Club program. Orders placed online can take up to 30 days to reflect properly in your Collectors Club widget, this is in line with our returns policy, within 36 hours you should see the points as pending.
To the extent that a Collectors Club Level has been achieved by you in connection with a breach of these Terms and Conditions or otherwise incorrectly allocated to you, including as a result of an error on the part of BY JOHNNY, we may adjust your Collectors Club level to the extent necessary to address the breach or error (as the context permits). When a customer obtains a refund or reimbursement for goods purchased from BY JOHNNY, an adjustment is also made to The Collectors Club account for the amount of the reimbursement granted.
Transfer and Client Files
Any transactions by another customer at byjohnny.com.au cannot be transferred to a different customer for someone else to obtain Collectors Club Style Points.
There can only be one customer for each Collectors Club membership. Transactions from multiple customer files cannot be joined into one Collectors Club spend amount. It is your responsibility to ensure that BY JOHNNY only has one one client file for you. If you suspect that you have more than one client file, please contact our customer care team at firstname.lastname@example.org
Any Collectors Club Style Points cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Collectors Club Style Points have no cash or monetary value and cannot be taken or redeemed as cash or equivalent.
Any rewards, gifts, benefits or offers communicated as part of the Collectors Club program may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these terms and conditions carefully. Only Collectors Club members who receive our communications are eligible to use and redeem any rewards, gifts, benefits or offers. All offers, gifts, benefits or rewards are not transferrable and cannot be redeemed for cash or equivalent.
All Collectors Club rewards, gifts, offers or benefits are subject to availability. BY JOHNNY is not liable for any rewards, gifts, benefits or offers not being available for any reason.
If you have opted-out of receiving BY JOHNNY communications, you will not be eligible for any rewards or perks of the program.
BY JOHNNY reserves the right to change or withdraw The Collectors Club rewards and giveaways and these terms at any time without notice.
Content will be supplied to you via your email entered at the time of sign up. You must opt-in to receive emails from BY JOHNNY to receive any email regarding the Collectors Club. If you are not receiving BY JOHNNY or COLLECTORS CLUB emails, please contact us at email@example.com
Change of Details
You should advise BY JOHNNY of any changes of name or email address by emailing firstname.lastname@example.org. BY JOHNNY is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of Collectors Club communications and rewards, gifts or benefits or the loss or downgrade of a Collectors Club level. Changes to your details can be made by emailing email@example.com
Suspension and/or Termination
BY JOHNNY may immediately suspend or terminate your participation in the Collectors Club program without further notice if you: (a) have breached these Terms and Conditions; (b) have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to the BY JOHNNY, the Collectors Club program, or your customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of BY JOHNNY; (d) have supplied or attempting to supply false or misleading information to BY JOHNNY; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any BY JOHNNY rewards, gifts, offers or benefits other than in accordance with these Terms and Conditions; (f) act in a hostile, abusive or aggressive manner towards any BY JOHNNY staff or any other customers online; or (g) become bankrupt.
Where your right to participate in the Collectors Club program is suspended or terminated, any benefits, rewards and rights and Collectors Club status that you have at that time under the Collectors Club program shall thereby suspend or terminate (as the case may be).
The customer's participation in the BY JOHNNY Collectors Club program may be terminated by BY JOHNNY or the customer providing the other party with at least 30 Days written notice.
Warranties and Liability
All conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by custom, under the general law or by statue, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under, or pursuant to, the Collectors Club Program, are expressly excluded to the extent permitted by law.
Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 or any other national, State or Territory legislation where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the customer pursuant to any of the acts, BY JOHNNY's sole liability for breach of any such condition, warranty or other obligation is limited to:
1. In the case of goods, supplying goods or services again or payment of the cost of having the goods or services supplied again;
2. In the case of any claim relating to points, to crediting that number of points to the customer's account; or
3. In the case of any claim relating to a reward, to crediting the number of points redeemable for that reward to your Collectors Club account.
To the extent permitted by law, BY JOHNNY will not be liable to the customer (or any person claiming under or through the customer) or any third party for:
1. Any injury or death to the Customer or any third person;
2. Indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;
3. The loss, theft or destruction of a BY JOHNNY reward, gift, offer or benefit; or
4. Any delay in replacing a reward, gift or benefit or unauthorised use of any reward, gift, benefit or Collectors Club, arising out of, relating to or connected to the provision or use of the Collectors Club program, any reward, gift, offer or benefit or any goods or services supplied by BY JOHNNY.
BY JOHNNY shall not be liable to the customer or third party for any delay or non-performance of its obligations under these Terms and Conditions arising from any cause beyond its control including, without limitation, act of god, government act, war, fire, flood, explosion or civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party provider, hosting or data centre providers or other supplier or sub-contractors.
BY JOHNNY expressly reserves the right to change the Collectors Club program elements (including but not limited to, the Collectors Club levels, expiry dates or the way in which Collectors Club rewards, gifts, benefits or offers are earned or redeemed) or cease running The Collectors Club at any time (without any liability to the customer or any third party). BY JOHNNY will use reasonable endeavours to give advance notice to all customers of any material changes in writing or by otherwise posting it on our website or other channels. If you do not agree to these changes, you may terminate your participation in The Collectors Club program by providing BY JOHNNY with at least 30 days' written notice after the date you received written notice of the changes or changes were posted on our website or other social media channels.
A notice or communication shall be deemed to be given by BY JOHNNY if it is sent to your email address listed in your client file or by otherwise posting it on our website or other social media channels.
You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect to the Collectors Club Program, your participation in the Collectors Club program, Collectors Club rewards offered or any other transaction within, or arising out of, the Collectors Club program.
If any provision (or part of a provision) of these Terms and Conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provisions would be valid, enforceable or legit if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
These Terms and Conditions, and your participation in the Collectors Club program, is governed and will be constructed in accordance with the laws of the state of New South Wales, Australia irrespective of where the application for your client file has been completed. In any action or other legal process with respect to any matter or think in connection with these Terms and Conditions, and your participation in the Collectors Club Program, you submit to the non-exclusive jurisdiction of the Courts in the state of New South Wales.