KOLAS Club Terms of Use

Effective Date: 05/30/2023

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE KOLAS CLUB PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE KOLAS CLUB PROGRAM.

These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will:  

  • Eliminate your right to a trial by jury; and
  • Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Kolas Club program by electronic means, including posting such information and materials online at www.kolas.com.

 

ADDITIONAL TERMS

These Terms of Use apply to your access to, and participation in, the Kolas Club program (“Kolas Club”), which is operated by Kolas or its affiliated companies, respectively (collectively, “Kolas”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Kolas or other products or services, such as delivery services.

 

CHANGES TO TERMS

Kolas reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to Kolas Club, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.kolas.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Kolas Club following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in Kolas Club.

 

PERSONAL USE

Kolas Club Pinwheel Points are intended for personal use only. Commercial use is prohibited. You must be age 21 or older to access and participate in Kolas Club.

Our Privacy Statement is incorporated into these Terms of Use and also governs your participation in Kolas Club. Please read the Privacy Statement carefully to understand how your rights may be affected.

 

ABOUT KOLAS CLUB

Kolas Club is one way in which Kolas enjoys to reward and thank loyal customers for purchasing Kolas products. Kolas Club members are able to earn and accumulate Pinwheel Points that can be redeemed for Kolas Club benefits (“Pinwheel Point”).

 

JOINING KOLAS CLUB

Customers may have received a Kolas Club “Coming Soon” email, in which case, you’re already enrolled and no further action is required. Alternatively, you can add your email to join Kolas Club now.

By joining Kolas Club you consent to receiving emails and push notifications on your mobile device. Text message and data rates and charges may apply.

 

EARNING PINWHEEL POINTS

You will earn one (1) Pinwheel Point for every dollar spent, less applicable taxes, with your very first purchase. See Kolas Club FAQs.

You can check your Pinwheel Point balance at any participating Kolas store or by calling our Customer Service Call Center at (916) 465-6527.

 

REDEEMING PINWHEEL POINTS

Pinwheel Points may be redeemed on full-price products in participating Kolas stores in Sacramento and cannot be used on discount or promotional items (unless expressly indicated by Kolas). Kolas reserves the right to modify, in its sole discretion, items that Pinwheel Points may be applied toward.

After 150 Pinwheel Points have been earned you will receive an email with a coupon for a discount with an expiration date. Discounts will vary depending upon the Tier Level earned: Silver, Gold or Diamond. Coupons may be redeemed on your next purchase or by the coupon expiration date, whichever occurs first. Your purchase may be made in-store, by delivery, online express or phone orders.

 

MULTIPLE TENDER

If you use more than one payment method in a single transaction (e.g., cash and Pinwheel Points), you will earn Pinwheel Points based on the purchase price, less any Pinwheel Points redeemed and taxes.

 

RETURNS

For information about how Kolas handles returns, please read our Return Policy. Your Pinwheel Points balance may be impacted by returns as follows:

  1. If you void a purchase, Kolas will deduct the Pinwheel Points that you earned for that purchase, potentially resulting in a negative Pinwheel Points balance on your account.
  2. If you return product or merchandise, your funds will be returned to you, and Kolas may deduct the Pinwheel Points earned in connection with your purchase, potentially resulting in a negative Pinwheel Points balance on your account.

 

PINWHEEL POINTS EXPIRATION

Pinwheel Points and Tier Levels earned will accumulate during a given calendar year. Each year, at the end of the business day on December 31, all accumulated Pinwheel Points will expire. However, you will retain the Tier Level earned.

 

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

These Terms of Use complement and incorporate by reference the Kolas Terms & Conditions. In the event of any conflict between the Kolas Terms & Conditions and these Terms of Use, the Kolas Terms & Conditions control.

There are no participation or membership fees associated with Kolas Club. Pinwheel Points accrued in connection with Kolas Club are promotional, have no case value, cannot be redeemed for cash and do not create a property right. Additionally, your Pinwheel Points accrued cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Kolas.

Without notice to you, Kolas reserves the right to suspend any Kolas Club/Pinwheel Points registered to your account and/or terminate your account and/or your participation in Kolas Club if Kolas determines, in its sole discretion, that you have violated these Terms of Use or Terms & Conditions or that your use of your Kolas Club account is unauthorized, deceptive, fraudulent or otherwise unlawful. Kolas may, in its sole discretion, suspend, cancel or combine Kolas Club accounts that appear to be duplicative. In the event that your participation in Kolas Club is terminated, all accrued Pinwheel Points in your account are void.

Kolas reserves the right to change, modify, discontinue or cancel Kolas Club or any part of the Kolas Club program, at any time and in its sole discretion, without notice to you.

 

MEDIATION; ARBITRATION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through mediation or arbitration instead of court trials and class actions. Mediation and arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

 

Mediation. In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this site or information obtained through this site, or any other claims, disputes or controversies arising out of or relating to this site, or any other World Wide Web site owned, operated, licensed, or controlled by us (the “Dispute” and tother the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to JAMS through its offices located in Sacramento, California (https://www.jamsadr.com/sacramento and 916-921-5300 , “ADR Firm”), or its successor, for mediation. Any party to the Dispute may commence mediation by providing to the ADR Firm and other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with the ADR Firm and with one another in selecting a mediator from the ADR Firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any ADR Firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

 

Arbitration. If the event the Dispute is not resolved through mediation, then the Dispute shall be submitted to the ADR Firm, or its successors, for final and binding arbitration pursuant to the then-current form of JAMS Comprehensive Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by the ADR Firm in accordance with the Rules. All hearings shall be held in Sacramento, California, United States of America. If the ADR Firm cease to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in Sacramento, California. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session for forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as an arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.

 

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

 

GOVERNING LAW

Any dispute arising from these Terms of Use or your access to or participation in Kolas Rewards will be governed and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state courts located in Sacramento County, California.

 

SEVERABILTIY

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

 

OTHER LINKS

Kolas Terms & Conditions

Privacy Policy

Returns

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