TERMS AND CONDITIONS

LAST UPDATED – July 28, 2016

  1. RETURN OF PRODUCTS
    1. Please also note that you may process returns online only for purchases made on our Site. You cannot return purchases made on our Site at our Calvin Klein stores.
    2. You may return products delivered to you if the conditions set out herein are met.
    3. Return of Merchandise
      The full amount (excluding the shipping fee, and taxes, if any) will be credited in the same format as the original form of payment if the returned item is postmarked within 14 calendar days of the shipping date on the proof of purchase and accompanied by the original return form.
      After 14 calendar days, all merchandises are not eligible for return.
      Unless otherwise stipulates by law, the original order’s shipping fee and taxes, if any, are non-refundable.
    4. Processing Fee
      Under our Return and Refund Policy, a processing fee of 50 HKD will be charged for each domestic return. A processing fee will be deducted from the amount to be refunded for any items returned with the respective return codes.
    5. Item Condition
      Returned items must be in new and resalable condition.
      Returned items that have been damaged, soiled, washed, worn or altered will be returned to the Customer.
      Return of fragrance, underwear bottoms (men’s and women’s), swimwear, socks and earrings will not be accepted and will be sent back to the customer.
    6. Other Conditions
      No exchange service is available for purchased made through the Website.
      Items purchased at Calvin Klein stores cannot be returned or exchanged online.
      Please allow 10 to 15 business days for your return to be delivered to Hong Kong and processed. You will receive an email notification upon completion of the return processing.
    7. For Customers in Taiwan
      Unless one of the exceptions below applies, you may return items within 7 days of receipt at no charge, and you will receive a refund of the full amount (including the shipping fee, and taxes, if any) within 15 days of receiving the returned items.
      • The items easily deteriorate;
      • The items were tailored to your demands;
      • The items are worn or unsealed underwear bottoms.
  2. APPLICABILITY AND ACCEPTANCE OF TERMS
    1. These General Terms and Conditions (the "Terms and Conditions") apply to:
      • the use of any information, pictures, documents and/or other services on the online store of PVH Asia Limited, together with our parent and affiliates including but not limited to Calvin Klein, Inc. ("Calvin Klein," "we" or "us") located at www.calvinklein.com/hk and any successor site(s) (the "Website"); and
      • the purchase of Calvin Klein branded products on the Website.
    2. PLEASE REVIEW THESE TERMS OF USE CAREFULLY PRIOR TO USING THE WEBSITE. YOUR USE OF THE WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, WHICH MAY BE AMENDED FROM TIME TO TIME. EACH TIME THAT YOU USE THE WEBSITE, THE CURRENT VERSION OF THESE TERMS OF USE WILL APPLY. YOU SHOULD CHECK THE DATE OF THE TERMS OF USE (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT TO THE WEBSITE.
    3. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD DISCONTINUE YOUR ACCESS OR USE OF THE WEBSITE. You represent that (i) you are of sufficient legal age or otherwise have legal capacity to legally agree to these Terms and Conditions and (ii) you will comply with these Terms and Conditions and (iii) you will use the Website in accordance with applicable law. By accessing the Website you also acknowledge that some content may not be suitable for people under the age of 18.
  3. INFORMATION ON THE WEBSITE
    1. Product Descriptions

      All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display the applicable colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. By engaging in a purchase of a product or service made available by us on this Website (a "Transaction"), you represent that the products you order as part of the applicable Transaction will be used in accordance with all applicable laws. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service.

    2. Availability

      Calvin Klein shall not be liable for any damage resulting from the use of or inability to use the Website, including damages caused by malware, viruses or any errors in or incompleteness of such information or the Website, unless such damage is the result of any willful misconduct on the part of Calvin Klein.

    3. Exclusion of Liability for External Links

      If the Website contains links to other sites on the Internet, Calvin Klein hereby declare explicitly that it has no influence on the layout or content of the linked pages. Calvin Klein does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk. You should review the policies and terms and conditions associated with any linked sites closely before using, submitting information to such sites, and allowing children to visit such sites.

      Our Privacy, Security and Cookie Policy ("Privacy policy") does not apply to any collection and processing of your personal data on or through such external sites.

  4. INTELLECTUAL PROPERTY
    1. Trademarks

      All brand names, logos, product names and titles used on the Website are trademarks or trade names of Calvin Klein or third party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder's rights.

    2. Ownership of Design, Images and Content

      All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software and all other materials on this Website (collectively, "Content"), including all copyrights therein, are owned by Calvin Klein and/or its suppliers or subcontractors.

    3. Limited Use

      You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Website, including reproduction, modification, distribution or republication for purposes other than as mentioned above. Should you wish to use materials or information from this Website for any other purpose, you need our prior written approval to do so.

  5. PRIVACY, SECURITY AND COOKIE POLICY

    Calvin Klein collects and processes the personal data of the visitors of the Website. All personal data is handled in accordance with legal requirements and Privacy Policy

  6. INFORMATION YOU PROVIDE/SUBMISSIONS
    1. Other than information mentioned in Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and any other communications or content you transmit or post to this Website in any form and in any manner ("User Submissions") (i) will be considered non-confidential, non-personal and non-proprietary to you or anyone else and (ii) may be disseminated or used by Calvin Klein or its parent or affiliates for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such User Submissions. You hereby grant Calvin Klein a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, transferable and sub-licensable license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use your User Submissions, if any, in any manner whatsoever for any or all purposes, with or without attribution to you or any other party ("User Submissions License"). Calvin Klein may, but is not obligated to, monitor or review any User Submissions. Calvin Klein shall have no obligations to use, return, review, or respond to any User Submissions. Calvin Klein shall have no liability related to your reliance on information or materials provided by visitors to the Website. The opinions expressed by Website visitors reflect solely the opinions of the individuals who have submitted those opinions and are not the opinions of Calvin Klein. Calvin Klein retains the right (but does not have the obligation) to remove any or all User Submissions that includes any material Calvin Klein deems inappropriate or unacceptable. IF YOU CHOOSE TO MAKE ANY INFORMATION THAT PERSONALLY IDENTIFIES YOU OR OTHER INFORMATION PUBLICLY AVAILABLE ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
    2. By making a User Submission, you represent and warrant (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Submissions License described above, (ii) the User Submission, and the exercise by Calvin Klein of the rights granted it under the User Submissions License in relation to such User Submission, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (iii) your User Submissions do not and shall not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.
    3. We do not guarantee that User Submissions will not be lost or damaged or that you will be able to retrieve User Submissions.
  7. RESTRICTIONS ON USE
    1. Prohibited Actions

      While visiting the Website and participating in, accessing and using the features you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of a User Submission; alter, modify, frame, or "mirror" any Content; create a deep-link to our Website by by-passing our Website's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Website or interrupt any user's experience on the Website, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Website, or servers or network connections to the Website, disobey any requirements, procedures, policies or regulations of networks connected to the Website; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or attempt to gain unauthorised access to the Website (or any portion thereof).

    2. Prohibited Submissions

      You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

    3. Remedies

      In addition to any remedies that Calvin Klein may have at law if Calvin Klein reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Calvin Klein may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. Calvin Klein will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Calvin Klein to disclose the identity of anyone posting such materials.

  8. TERMS OF SALE
    1. Eligibility

      You can order as a registered user or as a guest. You need an email address to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding products to your shopping cart and submitting your order.

    2. Establishing an Account

      Users of all ages are welcome to browse the Website to the extent permitted by applicable law, however, you may only establish an account if you are 18 years of age or over (20 in Taiwan). In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility. Please ensure you have read and understood the terms of our Privacy Policy before you provide any personal information to us.

  9. ORDERING
    1. Offer to Purchase

      The products offered on the Website represent an offer to purchase products from Calvin Klein based on the data provided on the Website.

    2. Currency

      All prices are indicated and charged in Hong Kong dollars.

    3. Territory

      Orders on the Website and deliveries are possible only certain countries. If Calvin Klein is not able to execute an order, Calvin Klein will inform you as quickly as possible.

    4. Quantity Limits

      Orders are accepted only in quantities usual for households.

    5. Confirmations

      When you submit an order, we will send you an email acknowledging receipt of your order ("Order Confirmation"). This does not mean that we have accepted your order. Our acceptance of the order takes place when the products are shipped to you – we will send you an email confirming that the products have been shipped ("Shipping Confirmation").

    6. Stock Limitations

      Products on the Website are in stock and are ready to be sent. Any sizes that are out of stock are marked as unavailable. We may have stock issues from customers ordering products at the same time. When we are unable to ship an item already ordered, we may cancel that part of your order and you will be reimbursed or not charged accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur. If the products you are looking for are sold out, you may wish to check availability with your Calvin Klein store, through our Store Locator, or, as our stocks are regularly replenished, return to our online collection at another time.

    7. Cancelling Orders

      If you have placed an order in error, or would like to cancel an order before it is delivered, please immediately call Calvin Klein's customer service at Contact us (toll free number) 9 a.m. to 6 p.m. (HKT), Monday to Friday, closed on Saturdays, Sundays and Public Holidays (Hong Kong calendar) or e-mail Calvin Klein at: CustomerAssistance@CalvinKlein.asia. Calvin Klein will do its best to assist you in any way it can. As Calvin Klein always strives for quick deliveries, it means there is not much time to cancel your order.

    8. No Changes

      Please note that we cannot make or accept any changes (address, size, colour) once your order has been placed.

    9. Right Not to Accept Orders

      Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations (which list is not intended to be exhaustive), without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we have cancelled:

      • The product is not available;
      • Your billing information is not correct or not verifiable;
      • Your order is flagged up by our security systems as an unusual order or an order susceptible to or suspected of fraud;
      • We could not deliver to the address provided by you;
      • Due to circumstances or events beyond our control.
  10. PAYMENT
    1. Payment Method

      You can pay for the products by the payment method as indicated in the checkout page.

      If you have a promotion code, please enter it in the shopping bag page in the 'Promotion Discount' field and click on 'Apply'. Please check the expiry date of your promotion code before using it. Please note that you cannot use more than one promotion code for the same purchase order.

    2. Data Check

      During the payment process Calvin Klein may perform credit checks. Based on the outcome thereof Calvin Klein may change, adjust or decline an order and/or the selected payment method. In most cases Calvin Klein will offer you the option to select a different payment method. Our customer service team will not be informed of the outcome of credit checks.

    3. Total Price

      The total price specified in the final checkout screen includes shipping costs and taxes, if applicable. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.

    4. Price Changes

      The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.

    5. Retention of Ownership

      Any products purchased from the Website remain the property of Calvin Klein until the payment process in website is completed and it is delivered to the carrier.

  11. DELIVERY
    1. Standard Delivery Time

      As a rule, delivery time is 3 to 9 working days after shipping the order. Please note that we are unable to ship orders to PO boxes. The delivery time will vary depending on the shipping method chosen and the country processing time.

    2. Defects

      If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email or phone. Not doing so will not affect your legal rights.

  12. CUSTOMS DUTIES, TAXES AND SHIPMENT OF ORDER
    1. Customs, Duties, Taxes

      Those ordered products for shipment to countries outside of Hong Kong may be subject to customs duties, taxes and fees levied by the destination country, which are not included in the price of the products. The purchaser of the shipment will be the importer of record in the destination country and is responsible for all the relevant customs duties, taxes and fees. Calvin Klein has no control over these charges and does not assume responsibility for the ordered products meeting local customs laws and/or duties and taxes.

    2. Appointment as Agent

      Regarding the delivery, you authorize Calvin Klein to designate a carrier to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit on your behalf the taxes, customs duties and fees paid by you for such item. Risk of loss and title for the products pass to you upon delivery of the products to the carrier, provided the payment process in website has been completed.

  13. PROMOTIONAL DISCOUNT

    Promotional discount are non-transferable and there is no cash alternative. Only one promotional code will be accepted per order. The terms and conditions may vary for each promotional code and we reserve the right not to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions. We reserve the right to cancel an order in the event that an unauthorized promotional code has been used.

  14. DISCLAIMER OF WARRANTIES
    1. SUBJECT TO CLAUSE 15, THE WEBSITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE WEBSITE. CALVIN KLEIN AND ITS AFFILIATES, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

       

  15. LIMITATION OF LIABILITY
    1. NEITHER CALVIN KLEIN NOR ANY OF ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY APPLICABLE INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF APPLICABLE DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER CALVIN KLEIN NOR ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT POSTED ON THE WEBSITE BY CALVIN KLEIN OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF CALVIN KLEIN AND ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED $400 HKD.
    2. While we try to maintain the integrity and security of the Website and the servers from which the Website is operated, we do not guarantee that the Website will be or remain secure, complete or correct, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact us at CustomerAssistance@CalvinKlein.asia with a description of the material(s) at issue and the URL or location on the Website where applicable material(s) appear.
    3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS in Sections 15.1 and 15.2 MAY NOT APPLY TO YOU.
    4. For Australian customers, the following provisions apply in relation to our liability to you under or relating to these terms and conditions or the Website:
      • If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
        1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
        2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
      • Subject to paragraphs c) and d) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD 70.
      • Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage, include:
        1. special, indirect, consequential, incidental or punitive damages; or
        2. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
      • Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
  16. TERMINATION
    1. Calvin Klein reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website, products and services available on or through the Website at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
    2. Any sections of these Terms and Conditions that must survive termination in order to give effect to their intent and meaning shall survive termination of these Terms and Conditions.
  17. MISCELLANEOUS
    1. Contact information

      If you have any questions about these Terms and Conditions or the Website, please direct your questions to CustomerAssistance@CalvinKlein.asia.

    2. Changes to these Terms and Conditions

      If Calvin Klein decides to change these Terms and Conditions, we will post the changed terms and condition on the Website. You are advised to regularly check whether they have changed.

    3. Governing Law and Jurisdiction

      These Terms and Conditions are governed by the laws of Hong Kong.

      Any dispute arising from or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the competent Hong Kong court.

    4. Independent Contractors

      These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Calvin Klein.

    5. Severability

      If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision.

    6. Assignment

      You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent.

    7. Force Majeure

      We will not be responsible for failures to fulfill any obligations under these Terms and Conditions due to causes beyond its control.

    8. Entire Agreement

      These Terms and Conditions, together with all policies referred to herein, constitute the entire agreement between you and Calvin Klein relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Calvin Klein relating to the subject matter herein.


MY CALVINS REWARDS PROGRAM

TERMS AND CONDITIONS FOR HONG KONG ONLY

PLEASE READ THESE TERMS AND CONDITIONS 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. WE MAY MAKE CHANGES TO THESE TERMS AND CONDITIONS OVER TIME, SO PLEASE COME BACK AND REVIEW THEM. BY PARTICIPATING IN THE PROGRAM AFTER WE MAKE ANY CHANGES TO THESE TERMS AND CONDITIONS, WITH OR WITHOUT NOTICE FROM US, YOU ARE AGREEING TO BE BOUND BY THE REVISED TERMS AND CONDITIONS.

  1. The Program & Enrolment
    1. This rewards program namely "My Calvins Rewards" ("Program") is offered at the sole discretion of PVH Asia Limited together with its parent and affiliates including but not limited to Calvin Klein, Inc. (“Calvin Klein”, “we” or “us”).
    2. By becoming a member of the Program, you (individually and collectively, "you," "your," or "Member") agree that you have read, understood and agree to be bound by these Terms and Conditions ("Terms") and by any changes or modifications we may make.
    3. By enrolling in the Program, you also agree to be bound by our Privacy Policy and our website Terms and Conditions, which are incorporated herein by reference.
    4. You are required to provide certain personal information in order to enroll in the Program, including your name, mobile phone number, region of residence and email address. When you enroll in the Program you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By enrolling in the Program, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the Program. All activities that occur under your Membership account shall be your responsibility. You must provide requisite personal data (such as mobile phone number) as requested by Calvin Klein for identity verification in order to enjoy members’ privileges, discount and other exclusive events offered to members under this Program.
    5. Information provided by Members at the time of Program enrollment, in the process of earning or using Rewards Points, making purchases and other transactions will be used by Calvin Klein for administering the Program, marketing planning, research and other related marketing purposes and Calvin Klein may pass such information to its authorized service providers for Program management, data processing, redemption management and analysis and other purposes related to the Program. Except as described in our Privacy Policy, we will not rent or sell information that directly identifies you, without your consent, to unrelated third parties, for their direct marketing purposes or otherwise. We may share your information with our parent company, our affiliates, and our business partners that sell our brands (e.g. Zalora, Reebonz, Amazon, TMall and Jing Dong) for their own use, including for direct marketing purposes. By acceptance of and participation in the Program, you have consented to such use.
    6. Any personal data which you provide to Calvin Klein in your application for and use of the Program will be collected, used and stored in accordance with our Privacy Policy.
  2. Eligibility for Membership
    1. The Program consists of three tiers: (1) Registered Membership; (2) Indigo Membership and (3) Black Membership (individually and collectively, "Membership").
    2. Any person reaches the age of 18-years or such higher age for acquiring full legal rights as is required under the governing law of these Terms and Conditions ("Legal Age") may sign up for Registered Membership and become a Registered Member by submitting the information required by Calvin Klein.
    3. "Qualifying Spend" shall mean any purchase excluding the Excluded Items (as defined below) made in any Calvin Klein Jeans, Calvin Klein Underwear, Calvin Klein Performance or Calvin Klein Accessories stores in Hong Kong operated by Calvin Klein excluding outlets or discount stores (“the Designated Stores”) as well as at the official website of Calvin Klein in Hong Kong at www.calvinklein.com/hk.
    4. "Qualifying Spend Accumulation Period" shall mean a period of 12 calendar months from the first month of your relevant membership where you may accumulate your Qualifying Spend.
    5. At present, the following items (individually and collectively "Excluded Items") cannot earn or redeem Rewards Points. Calvin Klein may vary the Excluded Items from time to time:
      • Gift certificates, merchant vouchers or cash coupons issued by Calvin Klein;
      • Donations collected by Calvin Klein on behalf of charitable organizations;
      • Jewellery and watches;
      • Product items under the "Clearance" section at the Site;
      • Clothing alteration fees and other service fees; and
      • Product items offered at outlets, discount stores or any store other than the Designated Stores.
    6. Any person reaches the Legal Age may become an Indigo Tier Member upon making a Qualifying Spend of one-off HK$3,000 below or any accumulative amount between HK$1- 4,999.
    7. Any person reaches the Legal Age may become a Black Tier Member upon making a Qualifying Spend of one-off HK$3,000 or above or in the aggregate amount of HK$5,000 or above.
    8. Calvin Klein may vary the eligibility to become a member of the Program from time to time at its sole discretion and final decision.
  3. Membership Validity, Upgrade and Renewal
    1. A Registered Membership will continue unless and until terminated by the Registered Member or Calvin Klein or until the Registered Member becomes an Indigo Tier Member or Black Tier Member in accordance with these Terms.
    2. An Indigo Membership will continue unless and until terminated by the Indigo Tier Member or Calvin Klein or until the Indigo Tier Member becomes a Black Tier Member in accordance with these Terms.
    3. The Qualifying Spend will be cleared at the end of each Qualifying Spend Accumulation Period or when you change the Membership tier, it cannot be carried forward to the next Qualifying Spend Accumulation Period or another Membership tier. For example, if you became an Indigo Tier Member or Black Tier Member on 15 July 2019, your first Qualifying Spend Accumulation Period will end on 31 July 2020. Regardless of the amount of Qualifying Spend accumulated in the foregoing period, your Qualifying Spend amount will be cleared to HK$0 on 1 August 2020 and your next Qualifying Spend Accumulation Period will end on 31 July 2021. Once you are upgraded to a Black Tier Member from an Indigo Tier Member, your Qualifying Spend amount accumulated during the previous Qualifying Spend Accumulation Period will be reset to HK$0.
    4. Your Black Membership is valid for 12 calendar months from the first month of your Black Membership. If you qualify for renewing your Black Membership in accordance with these Terms, your Black Membership will be valid for a further period of 12 calendar months from the previous expiry date of your Black Membership (each a "Black Membership Year").
    5. If a Black Tier Member fails to fulfill the designated minimum amount of Qualifying Spend for renewal of Black Membership within a Black Membership Year, he or she will lose his or her Black Membership and become an Indigo Tier Member again on the day following the end of the Black Membership Year whereupon the sections relating to Indigo Membership in these Terms will again apply in respect of such Indigo Tier Member.
  4. Member Privileges
    1. At present, members may enjoy the following privileges, Calvin Klein may vary the members’ privileges from time to time at its sole discretion and final decision:

      For Black Tier Members:

      • Members’ exclusive news and promotions;
      • a one-off 20% off discount on Member’s month of birth on regular-priced items available at Designated Stores or the Site;
      • Exclusive offers and event invitation;
      • Exclusive Preemption benefits;
      • 10% off discount on regular-priced items available at Designated Stores or the Site. It cannot be used in outlets or discount stores, nor be used in conjunction with other promotional offer(s).

      For Indigo Tier Members, Members’ exclusive news and promotions and an one-off 20% off discount on Member’s month of birth on regular-priced items available at Designated Stores or the Site.

  5. Earning of Rewards Points
    1. Indigo Tier Members and Black Tier Members will earn 1 Rewards Point for every HK$1 of Qualifying Spend. The Qualifying Spend will be rounded off to the nearest whole dollar for Rewards Point calculation. Calvin Klein may vary the earning ratio of the Rewards Point from time to time.
    2. The Rewards Points can only be earned and kept within the same Membership tier, the validity period of the Rewards Points will be the same as the Qualifying Spend Accumulation Period of the relevant Membership except that when an Indigo Tier Member upgrades to a Black Tier Member, any valid Rewards Points will automatically transfer to his/her Black Tier Member account and will follow the validity of his/her Black Membership.
    3. For purchases on the Site, Rewards Points will automatically be credited to your Membership account 14 calendar days or after from the shipping date of your order. No Rewards Points will be earned for any returned product.
    4. Calvin Klein’s records of the Member’s account information and transaction history shall be conclusive unless and until the contrary is established. In case of dispute, Calvin Klein reserves the right to request the Member to submit further documents or evidence of the Qualifying Spend for verification.
  6. Rewards Points Redemption
    1. Only Black Tier Members are eligible for redemption of Rewards Points in accordance with these Terms.
    2. Provided that a minimum of 5,000 Rewards Points have been accumulated during a Black Membership Year, every 20 Rewards Points may be redeemed as HK$1 on the Black Tier Member’s next purchase with Calvin Klein at any of the Designated Stores.
    3. Rewards Points earned by a Black Tier Member in the transaction which brings the total amount of Rewards Points to 5,000 or above may not be immediately redeemed in the same transaction.
    4. Redemption of Rewards Points is subject to Calvin Klein’s acceptance. If the redemption is accepted by Calvin Klein, it cannot be revoked or cancelled by a Member. The required Rewards Points will be deducted from the Member’s account. Calvin Klein may have the right to reject the redemption unless the Member’s account is in good standing and has sufficient Rewards Points. Additional restrictions may apply as to where and when the Rewards Points may be used.
    5. Where a Black Tier Member wishes to use his/her member’s discounts or other store-wide discount in Designated Stores (as the case may be and subject to other restrictions in these Terms) as well as his/her Rewards Points redemption in the same transaction, the Rewards Points redemption will be deducted first, followed by any other discounts.
    6. Rewards Points cannot be shared or redeemed across different geographical regions in which Calvin Klein operates.
    7. Rewards Points are not exchangeable for cash. Rewards Points cannot be sold, purchased, assigned, or transferred, except as specifically provided for in these Terms or as may be permitted by Calvin Klein at its sole discretion.
    8. Products redeemed by Rewards Points in whole or in part cannot be returned, refunded or exchanged.
    9. Calvin Klein may, at its sole determination, deduct from Member’s Rewards Points on account in the following situations:
      • Any Rewards Points suspected to be fraudulently recorded or earned by Member;
      • Any Rewards Points recorded in error; and
      • Any Rewards Points relating to a transaction which has been cancelled or reversed.
  7. Program Communications
    1. By enrolling in the Program, you will be automatically subscribed to receive and you consent to receive Program-related communications.
    2. You may opt-out of receiving Program-related communication at any time by following the instructions provided in our emails and text messages. If you opt-out of Program-related communication, you will no longer receive communication regarding your Membership status or the Rewards Points or benefits that may be available to you.
    3. You should provide up-to-date contact details to Calvin Klein to ensure that all communications relating to the Program can be sent to you. You should notify Calvin Klein immediately of any change in your contact details.
  8. Disclaimer
    1. To the maximum extent permitted by applicable law, and subject to section 8.3 below:
      • We (including our directors, officers, agents, consultants and associates, along with our parents, subsidiaries, affiliates) shall not be liable, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise, for any (a) access delays or access interruptions to the Program; (b) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (c) loss or damages of any sort incurred as a result of dealings with or the presence of third party links on the Site; (d) 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; (e) any inaccuracies or omissions in Program content; or (f) events beyond our reasonable control. We make no representations or warranties that defects or errors will be corrected.
      • We (including our directors, officers, agents, consultants and associates, along with our parents, subsidiaries, affiliates) shall not be liable to you for any loss, damage or liability (whether direct, indirect, consequential, economic or otherwise) incurred by you in relation to the Membership, including without limitation: (a) your enrollment on the Program, use of the Program, earning and use of the Rewards Points; (b) disclosure and/or use of your account details, whether with or without your permission; (c) any revisions to these Terms; or (d) any cancellation, revocation or non-renewal of your Membership.
    2. We and any of our agents, contractors (if any) that we may use in the execution and management of this Program do not warrant or represent (either directly or indirectly) :
      • that participation in and/or access to the whole or part(s) of the Program, Program materials, contents, information and/or functions contained therein will be provided uninterrupted, timely, secure and error-free;
      • that no computer viruses shall be transmitted or that no damage shall occur to Member's computer system or device as a result of any online activity of the Program.
    3. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, or any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
  9. Indemnification
    1. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless from and against any and all losses, damages, claims, demands, actions, proceedings, liabilities, judgments, costs and expenses (including all reasonable attorney’s fees and costs) of any nature arising out of or in connection with your participation in and/or use of the Program in violation of any law, rule, regulation or these Terms.
  10. Termination and Modification
    1. The Program and its benefits are offered at our sole discretion. To the maximum extent permitted by law, we may, in our discretion, cancel, modify, restrict or terminate these Terms, the Program and/or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of Rewards Points or benefits already accumulated or earned and/or the ability to use such Rewards Points or benefits. By continuing to use the Membership, you agree to be bound by these Terms as revised from time to time.
    2. We reserve the right to exclude you from the Program or to discontinue your Membership at any time, in our sole discretion. If, in Calvin Klein’s sole opinion, there is any suspected abuse of the Program, failure to follow any Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or unauthorized use of any Rewards Points, we may revoke your Membership and bar you from further participation in the Program at any time with or without prior notice to you. If your Membership is revoked, any Rewards Points and/or Qualifying Spend 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.
    3. If you decide you no longer want to maintain your Membership, you may cancel your Membership at any time by contacting us at customerenquiry@ck.com. If you cancel your Membership, you will lose all accumulated Rewards Points, Qualifying Spend, benefits and privileges available to Members.
  11. Data Access Request
    1. If you wish to access, modify or request the removal of your personal data held by us, please contact us at customerenquiry@ck.com.
  12. General
    1. A person who is not a party to these Terms has no right to enforce any terms of these Terms.
    2. The Membership is non-transferable, it is for personal use only and cannot be used for any commercial or promotional purpose or any other purpose whatsoever unless authorized by Calvin Klein in writing.
    3. In the event of any dispute, Calvin Klein reserves all rights of final interpretation under applicable laws.
    4. These Terms shall be governed and construed in accordance with the laws of Hong Kong.
    5. In the event of any discrepancy or conflict between different language versions of these Terms, the English version shall prevail.