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Montgomery Ward® Membership: Terms and Conditions


(Effective June 29, 2012)


Effective June 27, 2011, the Membership program no longer accepted new members or renewals. However, the modified terms and conditions below applied to active members until their current membership term expired. [As of June 29, 2012, the Membership program was retired, except for certain rights that accrued by members for products acquired during the active period of their memberships and the following terms continue to apply to those limited benefits of membership that survive termination of the membership program under the former lifetime product guarantee.]

 

We appreciate having the opportunity to serve you as a Montgomery Ward® member in the past. Your membership and the privileges, terms and conditions of membership are described below. If you have any questions, please call our Customer Service at 1-888-557-3848, or visit us on the Internet at Wards.com.  All references to “you” or “your” herein shall be construed to mean the member, the individual who is seeking or has sought membership.

 

Membership - General

  • Membership was (and any benefits of membership remain) subject to any and all terms and conditions established by Montgomery Ward, Inc. f/k/a Midwest Catalog Brands, Inc. (“Montgomery Ward”), including without limitation its privacy policies and practices.
  • Membership was available to all qualifying individuals 18 years of age and over.
  • Montgomery Ward reserved the right to refuse membership to any applicant and membership was revocable or terminable at any time by either you or Montgomery Ward, with or without cause. The effects of such termination are described below.
  • Montgomery Ward reserved the right in its sole discretion to discontinue or change the membership program or its criteria or terms or conditions for membership at any time.
  • Your purchase or use of a membership or receipt of any membership benefits constituted your acceptance of all the terms and conditions of membership.
  • Benefits of membership only applied for new merchandise ordered and paid for while you are a member in good standing during the active term of that membership. Good standing meant that you had complied with all the terms and conditions of membership and have paid for the membership and merchandise through an approved means of payment.
  • Benefits of membership were available to orders made online, by telephone, fax or mail order, but those benefits were not applicable to purchases made at retail locations.
  • Membership discounts and benefits were available only for the purchase of new merchandise; and membership discounts could not be used toward the purchase of gift certificates or membership fees.
  • Once membership expired, was terminated or was cancelled, all benefits of membership ceased immediately.
  • Discounts applied only to orders actually received prior to expiration or termination of the membership.
  • Please note that orders were filled on a first-come-first-served basis whether you were a member or not.
  • Employees of Montgomery Ward, Inc., its parent, their subsidiaries or their affiliated businesses were not eligible for membership or membership benefits.
  • Membership benefits were limited to purchases from the Montgomery Ward® catalog or website and did not apply to other catalogs or websites operated by Montgomery Ward, Inc., its parent, their subsidiaries or affiliated businesses. Similarly, any promotions, discounts or membership benefits offered through other catalogs or websites (including without limitation those operated by Montgomery Ward, Inc., its parent, or their subsidiaries or affiliated businesses) did not apply to Montgomery Ward® membership discounts or benefits.
  • If you were a member in good standing and you elected to terminate the membership for any reason prior to the end of a membership term or if Montgomery Ward terminated your membership or if Montgomery Ward terminated the membership program prior to the end of a membership term, then, subject to the conditions described herein, you were entitled, in the discretion of Montgomery Ward, to either (i) a cash refund of a pro-rated portion of the paid membership fee that would be apportioned to the unused remainder of the membership term; or (ii) the equivalent dollar amount in a Gift Certificate or Discount Coupon. If the membership of a member not in good standing was terminated by the member or Montgomery Ward, then there shall not be any refund of any unused portion of the membership. You were required to notify us of your decision to terminate your membership prior to the end of a membership term to be entitled to receive any applicable refund or the equivalent.
  • The most recent terms and conditions for membership and the privacy policies are available on Wards.com, although Montgomery Ward reserves the right to remove the membership terms from the website after June 2013. In such event, the last posted terms and conditions shall continue to apply to any purchases made by members during the active period of membership.

 

Membership Numbers and Fees

  • The membership fee was for one twelve (12)-month period from your date of enrollment or renewal (the membership term).
  • The regular fee for membership was $39.95 per year, although Montgomery Ward reserves the right, in its sole discretion, to offer or not offer promotional, discount, free or trial memberships to certain members or potential members.
  • You were asked to provide your membership number when requesting your account status or making an order via phone, online, mail or fax; and you may be asked to provide it for any claims made under the former lifetime membership guarantee.
  • Reports any unauthorized use of membership numbers were to be made to Customer Service at 1-888-557-3848.
  • There was a limit one membership per customer. Memberships could not be transferred or shared between individuals, households or businesses.

 

Terminating Membership Membership May No Longer Be Renewed

  • The Membership program has been retired and is no longer accepting new members or renewals; however, the modified terms and conditions effective June 29, 2012 shall apply to former members for any continuing membership benefits under the former lifetime product guarantee.
  • While there was an active membership program, you received notice of your enrollment expiring via regular mail at least 10 days, but not more than 35 days before your enrollment anniversary date. Your membership expired automatically as of your enrollment anniversary date, and may not be renewed (even in the event of an erroneous invitation or your effort to do so).
  • You could cancel your membership earlier at any time by calling us at 1-888-557-3848 and we followed termination procedures set forth in these terms and conditions.

 

Membership also may no longer be provided as a Gift

  • The Membership program is no longer active and we do not accept new members or renewals; however, a Membership gift certificate recipient can still use that gift certificate for purchasing merchandise.
  • Even when active, a membership could never be opened on someone else’s behalf or in someone else’s name.

 

Membership Guarantees

  • On membership: So long as you are in good standing, if you were dissatisfied and requested that your membership be terminated, we would terminate or cancel your membership and refund a pro-rated portion of your membership fee or the equivalent for the unused term of membership. You needed to notify us of your decision prior to the end of the membership term to be entitled to receive any applicable refund or the equivalent. The calculation of the proper refund or the equivalent, if any, was determined and calculated in the same manner as described in the section above entitled.
  • On merchandise, we offered members a longer satisfaction guarantee on most merchandise purchased during the active period of membership, as follows:  Except where limited in the copy or advertisement, if any item, for any reason, at any time, does not meet your expectations, just return it to us, and then we will gladly either: (i) refund (if you paid cash) or credit to your account (if you paid with a credit card or Montgomery Ward® Credit) the amount you paid for the merchandise, plus any applicable taxes; or (ii) send you a replacement.  If you were a member in good standing as of the expiration of your full membership term and have paid in full for your products, we will honor the membership guaranty for the covered products purchased by members during the active membership term.
  • When returning an item, use the original packaging and pack it securely. Please adequately insure your item in case you need to make a claim with the carrier you choose for returning your item. We recommend keeping the shipping receipt for at least four (4) weeks.
  • Include your order number, membership number, and reason for return.
  • It may take up to two billing cycles to see the credit for returned items on your billing statement.
  • You also may verify your returned item by checking your account status online. You will see a credit for the item in two (2) four (4) weeks after your return has been processed.

 

Prices for Members

  • The latest regular discount for members applicable to merchandise was 20% off of (20% reduction from) the advertised non-member prices. Montgomery Ward was permitted to advertise both a non-member price and a member price (based on the membership discount from the advertised non-member price and assuming that no other discounts or gift certificates applied).
  • Except where prohibited or limited by their terms, valid Montgomery Ward® Gift Certificates or other valid Montgomery Ward® Discount Coupons could be combined with membership discounts. The order of application was (i) membership discount; (ii) any other applicable percentage discount; (iii) any applicable dollar off discount; and (iv) any applicable gift certificate.
  • Montgomery Ward reserved the right to change the membership discount percentage at any time.
  • The membership discount was applied only to new merchandise purchased during the membership period before computing (and so did not apply to) shipping and processing charges and any applicable taxes.

 

Payment

  • We accepted payment for merchandise and membership by: checks; money orders; Montgomery Ward® Credit; or debit/credit cards from Visa, MasterCard, Amex and Discover; and valid Montgomery Ward® Gift Certificates.
  • Montgomery Ward did not accept manufacturer’s discount coupons or other retail, catalog, or online establishment discount coupons or gift certificates other than those distributed by Montgomery Ward, Inc.).
  • You were responsible for all purchases made with the membership number.
  • In the event that your check was returned by the bank, you were required to make good the face amount of the check upon demand, plus any reasonable service charge and other expenses authorized by applicable law.
  • If any legal action is brought by or on behalf of Montgomery Ward to collect payment on your check or on your account, you will be liable for reasonable fees and costs of collection (including a reasonable attorney’s fee and costs) to the extent permitted by applicable law.

 

Taxes

  • You agreed to pay Montgomery Ward any applicable sales or other tax that is imposed on the sale price of the items purchased. You agreed that in the event you fail to pay Montgomery Ward such tax, you will hold Montgomery Ward harmless and indemnify Montgomery Ward from any claim, loss, damage, assessment or expense occasioned by such non-payment. In addition, your Montgomery Ward® membership will be subject to immediate forfeiture.

 

Privacy

  • We respect your right to privacy and our privacy statement outlines our policies and practices in detail.
  • You can read the privacy statement at Wards.com.

 
Miscellaneous

  • Except as provided in the terms and conditions of membership, all other terms and conditions of a purchase shall be governed by the terms and conditions applicable to all orders from non-members and applicable law.
  • The merchandise offered by Montgomery Ward is for sale to consumers for personal use or for gifts, and not for resale to others or commercial use. Montgomery Ward reserves all its copyright, trademark and other intellectual property rights associated with the catalogs, websites, flyers, photos, images, copy, and products; and no one may make use thereof without the prior written consent of Montgomery Ward.

 

Rev 6/29/12