Site Terms and Conditions

Welcome to GUESS.ca. Please review the following basic rules governing your use of this site and purchase of products from this site (collectively, "Agreement").

Use Of This Site Constitutes Acceptance Of These Terms And Conditions

GUESS may make changes to the information contained in this site, or to the services described and contained at any time and without notice. GUESS may from time to time change the rules that govern your use of this site. Your use of this site following any such change constitutes your agreement to follow and be bound by the rules as amended. GUESS may change, move or delete portions of, or may add to this site from time to time.

Use Restrictions

All trademarks, service marks and trade names on this site, including without limitation, "GUESS?" and "GUESS" alone and in combination with the inverted triangle design are property of GUESS?, Inc. No use of these may be made without the prior written authorization of GUESS, except to identify the products or services of GUESS. The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by GUESS or by other third parties. No license is granted with respect to these intellectual property rights.

All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on this site (collectively,"Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by GUESS?, Inc., and its subsidiaries and/or affiliates collectively ("GUESS"). This Internet site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by GUESS and all other GUESS trademarks appearing on this site are trademarks of GUESS.

The Contents of this Internet site, and this site as a whole, are intended solely for personal, noncommercial use by the users of this site. You may download or copy the Contents and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices on this site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this site, or any related software.

Communications And Submissions

All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to GUESS on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site ("Submissions") shall be and remain GUESS property. Such disclosure, submission or offer of any comments shall constitute an assignment to GUESS of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the submissions. GUESS will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. GUESS shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. By your participation in surveys, contests or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that GUESS may use information about you for marketing, product development and promotional purposes. GUESS is under no obligation to maintain any submissions in confidence, to pay user any compensation for any submissions, or to respond to user submissions. You agree that no submissions by you to this site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no submissions by you to this site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make.

Products

GUESS products are available in select GUESS stores, better department stores, and specialty stores. GUESS cannot guarantee that the products displayed on this site will be available at every authorized GUESS retailer; availability and selection are subject to supply. Product descriptions, specifications, colors, and pricing are subject to change by GUESS.ca at any time without notice. Prices displayed at the site are quoted in Canadian Dollars and are valid and effective only in Canada.

Due to customs restrictions, there may be items for sale in the US, but not available for sale in Canada, and vice versa.

Links

This site may provide links or references to other sites. However, GUESS assumes no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content.

Disclaimer

THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GUESS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANIBILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT GUESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Limitation Of Liability

You agree to defend, indemnify and hold GUESS harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of this site, GUESS shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.

Miscellaneous

This site and the Contents therein are displayed solely for the purpose of promoting GUESS products and services. This site is controlled and operated by GUESS from its offices in Los Angeles, California. GUESS reserves the right to make changes to the information in this site, or to the services described therein, at any time without notice. GUESS makes no commitment to update this information.

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles and/or the Southern District of California.

Duration

This Agreement remains in effect unless and until terminated by either you or GUESS. You may terminate this Agreement at any time. GUESS may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site if in GUESS's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or GUESS, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Sales and Promotions

Unless otherwise stated, prices on sale and promotional items cannot be combined with any other offers. Sales and promotions may not include all sizes, colors or styles. Quantities are limited; no rain checks will be issued. Offers are not valid on price purchases or purchases of gift cards. Sale and promotion start and end times are displayed in Canadian Eastern time. GUESS?, Inc. reserves the right to extend, modify or discontinue any offer at any time without notice.

Limits on purchases

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our product, we may place limits on purchases and reject purchases or orders for commercial quantities of our products. Products are not offered for resale. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, loyalty program account and/or orders that use the same billing and/or shipping address. We may also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. Online orders are not deemed to be accepted by GUESS until your products are shipped from our warehouse. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy and the right to cease doing business with customers who violate this policy. This policy applies to all purchases of GUESS? product, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales, and through our websites. We may modify this policy at any time without prior notice.

SHIPPING

By ordering goods from GUESS, I hereby authorize UPS Supply Chain Solution (UPS SCS) chosen by GUESS to act as my agent, and to transact business with the CBSA (Canada Border Services Agency) to clear my merchandise, account for duties and taxes, to return merchandise to GUESS, and prepare and submit refund claims on my behalf for any merchandise that I return. I understand that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that I will obtain the refund directly from GUESS. In this connection, I also authorize the customs broker to endorse any refund cheque issued by the CBSA in my name, so that GUESS can be reimbursed.

Consumers located in the US are not permitted to ship orders to international consignees.

Duties, Taxes and Brokerage Fees

ALTHOUGH GUESS ORDERS MAY BE RETURNED TO THE GUESS WAREHOUSE LOCATED IN CANADA, ALL ORDERS PLACED ON GUESS.CA ARE SHIPPED FROM ITS WAREHOUSE IN THE UNITED STATES; YOU WILL BE RESPONSIBLE FOR ALL IMPORT TAXES AND CUSTOMS DUTIES RELATING TO YOUR ORDERS. When you purchase merchandise from GUESS, you will be required to prepay import taxes and customs duties that may be levied by the destination country, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party (collectively, “Import Fees”). We will make commercially reasonable efforts to estimate the amount of Import Fees (said estimate, the “Estimate”). However, the Estimate may be more or less than the final actual amount of Import Fees due and payable. We have no control over the Import Fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your purchase.

YOU AGREE AND ACKNOWLEDGE THAT (I) THE ACTUAL IMPORT FEES MAY BE MORE OR LESS THAN THE ESTIMATE; (II) YOU (AND NOT US, THE BROKER, THE SHIPPER OR ANY OTHER PARTY) MUST BEAR THE RESPONSIBILITY OF PAYING ALL ACTUAL IMPORT FEES; (III) IN THE CASE THAT ANY ENTITY OTHER THAN YOU MUST PAY SOME OR ALL OF THE ACTUAL IMPORT FEES ON YOUR BEHALF TO EFFECT CUSTOMS CLEARANCE, YOU WILL REIMBURSE (UPON REQUEST) THAT ENTITY IN FULL FOR THE ACTUAL IMPORT FEES PAID ON YOUR BEHALF; (IV) FAILURE BY YOU TO PAY IMPORT TAXES IN A TIMELY MANNER MAY CAUSE DELAYS BEYOND OUR ORIGINAL DELIVERY ESTIMATES.

MOREOVER, IF YOU (OR THE RECIPIENT) SUBSEQUENTLY REFUSE OR FAIL TO ACCEPT THE DELIVERY OF THE MERCHANDISE, REFUSE OR FAIL TO PAY IMPORT FEES, AND/OR ATTEMPT TO RETURN THE MERCHANDISE TO AVOID PAYING IMPORT FEES: (1) THE COSTS YOU PREPAID GUESS FOR SHIPPING AND/OR HANDLING WILL NOT BE REIMBURSED TO YOU; (2) YOU WILL BE RESPONSIBLE FOR ALL CHARGES RESULTING FROM SAID REFUSAL OR FAILURE TO PAY IMPORT FEES (SUCH AS COSTS FOR SHIPPING AND HANDLING BACK TO GUESS AND ANY OTHER FEES RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR FAILURE TO PAY THE IMPORT FEES); (3) YOU ARE STILL RESPONSIBLE FOR ALL ACTUAL IMPORT FEES; (4) YOU WILL NOT REQUEST THAT UPS, GUESS OR ANY OTHER ENTITY REIMBURSE YOU FOR ANY IMPORT FEES PAID; (5) YOU MAY HAVE THE OPTION (DEPENDING ON LOCAL LAWS AND REGULATIONS) TO BE REIMBURSED BY A GOVERNMENTAL OR OTHER AUTHORITY FOR SOME OF ALL OF THE ACTUAL IMPORT FEES (AND YOU SHOULD CONTACT THE LOCAL CUSTOMS OFFICE FOR MORE INFORMATION ON THIS), BUT YOU (AND NOT GUESS, UPS OR ANY OTHER ENTITY) WILL BE RESPONSIBLE FOR TAKING ACTION TO TRY TO BE SO REIMBURSED; (6) IF UPS (OR THE SHIPPER, BROKER OR OTHER ENTITY) IN ITS SOLE DISCRETION DECIDES TO ATTEMPT TO DEAL WITH THE IMPORT FEES DIRECTLY WITH A GOVERNMENTAL OR OTHER AGENCY, WE WILL NO LONGER HOLD YOU RESPONSIBLE FOR THE IMPORT FEES; (7) ANY PORTION OWED TO YOU (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE) WILL BE REFUNDED TO YOU AND (8) ANY PORTION OWED TO US (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE),THAT WE HAVE NOT ALREADY COLLECTED FROM YOU, WILL BE BILLED TO YOU THROUGH YOUR INITIAL METHOD OF PAYMENT.

Duty (or customs tariffs) is set by the destination country customs authorities and is determined based on a combination of the country of origin or manufacturing of the goods being purchased, and the classification of that merchandise in accordance with a harmonized system adopted and used by the countries that UPS supports. Value Added Tax (VAT) rates are set by the Canada. You will be able to view the guaranteed total amount of applicable duty and tax/VAT for your order within the international checkout.

The tax rate applied depends on your ship-to destination. Please refer to the following chart to determine the relevant rate for you.

Province

GST

PST

HST

Code Province

Alberta

5%

-

-

AB

BC

-

-

12%

BC

Manitoba

5%

7%

-

MB

New Brunswick

-

-

13%

NB

Newfoundland & Labrador

-

-

13%

NL

Northwest Territories

5%

-

-

NT

Nova Scotia

-

-

15%

NS

Nunavut

5%

-

-

NU

Ontario

-

-

13%

ON

Prince Edward Island

5%

10%

-

PE

Quebec

5.375%

7.5%

-

QC

Saskatchewan

5%

5%

-

SK

Yukon Territory

5%

-

-

YT

Shipping Vendor

UPS contracts with suppliers with warehouses located in the U.S., including GUESS.ca, to avail said suppliers merchandise to consumers, such as you ("you"), for delivery to addresses outside of the U.S. through the UPS network, and to provide you with an opportunity to purchase such merchandise at a price and in a currency selected by you, inclusive of international shipping costs, brokerage and customs clearance costs, import duty and sales taxes exclusive of any surcharges which may be imposed by the issuing bank of the credit card you use on transactions with companies domiciled in the United States. You acknowledge that GUESS shall be entitled to verify the authenticity and sufficiency of the payment information you provide, and if GUESS is unable to verify the information automatically, GUESS representatives may contact you and/or your tender type issuer to confirm your identity and/or your intent to place the order. GUESS has not accepted an order from you, and makes no commitment of any kind to provide merchandise to you, until GUESS has accepted your order and ships the merchandise that you ordered. If you are under 18, considered a minor in your local jurisdiction, or the equivalent thereof, you may use this checkout only with involvement of a parent or guardian. GUESS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Title to Goods

All items purchased from GUESS are made pursuant to a shipment contract. After GUESS fulfills an order you have placed, title of said merchandise shall transfer from GUESS to you, in the United States, at the time GUESS ships the merchandise to you from GUESS's facility in the U.S.

Non-Commercial Use Intent and Compliance with Applicable Export, Import and Sanctions Law(s)

GUESS merchandise available through GUESS.ca is intended for non-commercial use, and purchase of any merchandise for resale purposes is prohibited. Further, by agreeing to these terms and conditions, you are certifying that any items purchased from GUESS.ca will not be exported, sold, or transferred in violation of any applicable laws, including, but not limited to, the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury and any applicable Canadian laws or regulations. It is your responsibility to know the laws in the country into which you are importing. By purchasing such items you are acknowledging that said import does not violate any laws or regulations in the country into which the purchase will be imported.

Exchange Rates

No exchange rates will be applied for Canadian transactions.

Return Policy

While we take pride in every GUESS product, if you are not satisfied with your purchase we’ll assist you with a prompt return. Original receipts required for all returns/exchanges. Shipping charges are not refundable. GUESS.ca gladly accepts the return of full-priced merchandise purchased with the original receipt and tags attached for up to 30 days after purchase; sale merchandise (with original receipt and tags attached) may be returned to our Canadian warehouse for a refund. GUESS gladly accepts defective merchandise with original receipts up to 30 days after purchase, certain exceptions may apply. All swimwear must have sanitary strips and tags attached to be eligible for return. All pierced jewelry, underwear, fragrances, lotions and items marked “final sale” may not be returned or exchanged. Gift cards are final sale and may not be returned or redeemed for cash, except where required by law. Please indicate on the back of your invoice if you wish to have a merchandise return card issued for your gift return; if this is not selected, the refund will be processed back to the original payment method on the order.

GUESS merchandise purchased from other retailers, including department stores, must be returned to the store from which it was originally purchased, and is subject to the return policy of the originating retailer.

The Return/Exchange label on your invoice is not pre-paid; customer is responsible for all return shipping fees; we are unable to accept COD deliveries. If you have misplaced your Return/Exchange label, please send your pre-paid, insured package to:

GUESS CANADA CORPORATION
Att : E-commerce Return
8275, 19th AVENUE
MONTREAL ( QUEBEC) CANADA
H1Z 4K2

For an Exchange:

Call us toll free at 1-877-44-GUESS (1-877-444-8377)) so that we can assist you with your replacement merchandise. 

Maximum order value

Maximum order value is US $2,500 for all orders placed in any 30 day period.

Payment methods

GUESS.ca accepts VISA, MASTERCARD, AMERICAN EXPRESS, and DISCOVER. With credit card orders, we will not bill your card until we ship your order. Please be aware that once we receive credit card authorization, the funds will be reserved up to 30 days depending on the bank (please check the policy of your lending institution). Also, if you are paying with a debit card, please verify with your bank if there are limitations pertaining to daily withdrawals on your card. GUESS reserves the right to request additional identification. If this is needed, we will contact you by e-mail or telephone.

Order Tracking

Shipments from GUESS.ca are available only in Canada. Each order can be shipped to one address only. Your GUESS.ca tracking number will be included in your shipment confirmation email. If you are registered at GUESS.ca, simply Sign In with your Username and Password and go directly to the Order History section. Follow the link directly to the UPS site and enter your GUESS tracking number.
NOTE: It may take up to 24 hours before your tracking information is available online.

Because we pride ourselves in processing your orders quickly and efficiently, once your order has been confirmed, we can no longer cancel or modify your order. Please see our return policy for additional information.

Shipping Pricing

Shipping Method

When in-stock items will arrive

Price

UPS GROUND

3 – 5 business days

$15 CAD

UPS EXPEDITED

2 business days

$ 25 CAD

UPS SAVER

1 business day

$ 40 CAD

GUESS List Loyalty Program Terms & Conditions

THESE TERMS AND CONDITIONS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND INCLUDE A CLASS ACTION WAIVER. IN THE EVENT OF A DISPUTE, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT. THESE TERMS INCLUDE A DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THAT MAY APPLY TO YOU IN THE EVENT OF A DISPUTE.

Use of the GUESS List Loyalty Card constitutes acceptance of the following terms and conditions and all future Program rules (this "Agreement") by you as a GUESS List Loyalty Program member ("Member"):

  1. BENEFITS.
    1. The GUESS List Loyalty Program (the "Program") provides GUESS, GUESS Factory, G by GUESS, GUESS KIDS and Marciano customers with the following benefits subject to the terms and conditions contained in this Agreement (collectively, the "Benefits"):
    2. Effective September 30, 2012 all new Program enrollments will automatically receive 50 bonus Points towards their first Reward.
    3. Shop at Participating Stores (as defined in Section 6 below), present your GUESS List Loyalty Card prior to checkout (or enter your Loyalty Card number where indicated for online purchases) and receive one (1) point for nearly every dollar you spend on Qualifying Purchases (each a "Point").
    4. For every 200 Points you earn you will receive a $10 Reward applicable towards your next purchase at a Participating Store (each a "Reward"). Rewards issued will expire automatically after 60 days.
    5. In addition, as you use your GUESS List Loyalty Card, you may be eligible to receive special discounts, earn double points, or participate in other exciting GUESS promotions including in-store events, fashion shows, exclusive parties and store openings.
    6. GUESS List Noir. GUESS List Members who spend more than $500 in Qualifying Purchases in a rolling 12-month period will become eligible to upgrade automatically to GUESS List Noir status.You must continue to spend $500 in Qualifying Purchases every 12 months to continue to receive GUESS List Noir benefits. Members who no longer qualify for GUESS List Noir because they failed to make the minimum purchase requirement for GUESS List Noir status will be automatically returned to the standard level of benefits associated with GUESS List. As a GUESS List Noir member, you are eligible for additional benefits, including:
    7. GUESS List Noir Members are eligible for increased Rewards. For every 200 points accumulated, GUESS List Noir Members receive a $15.00 Reward. Reward is valid for 60 days after issuance. The Reward can be redeemed at all Participating Stores.
    8. To celebrate your birthday, GUESS List Noir Members are also eligible to receive double points all month long, plus a bonus $20.00 Reward valid for the entire month. Reward will expire on the last day of the month. The Reward can be redeemed at all Participating Stores.
    9. Receive free shipping for all qualifying online purchases. Free shipping is valid as long as the Member maintains GUESS List Noir status.
  2. ENROLLMENT.
    1. No purchase is necessary to become a Member. To apply, you must either (1) visit a Participating Store and provide your full name, a valid e-mail address and your current zip code to receive your GUESS List Loyalty Card and then go online to www.GUESS.com or www.GUESS.ca to complete additional enrollment information or (2) simply apply online at www.GUESS.com or www.GUESS.ca, and provide the information above plus your complete mailing address so your GUESS List Loyalty Card can be mailed to you. You must provide a valid e-mail address to be eligible to receive any Benefits associated with the Program.
    2. Enrollment begins upon activation in store or online but you can opt out of the Program at any time as more fully set forth in Section 8 below.
    3. Member must be a legal resident of the United States, Puerto Rico or Canada and 13 years of age or older to participate in the Program. The sponsors of the Program are GUESS?, Inc. and GUESS? Canada Corporation (collectively, "GUESS"). Employees of GUESS, its subsidiaries and affiliates, and their immediate families, and others who are eligible for employee-based discounts, or Members of any corporate or wholesale account of GUESS are not eligible for Membership in the Program and Program Benefits may not be applied towards transactions by such individuals. GUESS reserves the right in its sole discretion to accept, deny, suspend or discontinue any Membership for the Program.
  3. GENERAL TERMS AND CONDITIONS.
    1. GUESS List Loyalty Membership is not transferable and may only be used by an individual Member for the Member's personal benefit. Member Benefits cannot be combined with Benefits accrued by another Member. GUESS may request proper identification with regard to Program transactions. Member Benefits will not be applied retroactively to any purchases. Other exclusions may apply.
    2. GUESS is not responsible for lost or stolen Membership cards. GUESS may, in its sole discretion, permit replacement cards to be issued and any remaining points at the time GUESS issues the replacement card may be transferred. If GUESS agrees to issue a replacement card to the Member, GUESS assumes no responsibility for replacing any points or Rewards accrued prior to the date GUESS is notified in writing of the Member's loss.
    3. Member agrees that the Program and any Benefits related thereto do not create any property rights whatsoever in favor of Member.
    4. Member shall be responsible for maintaining accurate and updated personal information with the GUESS List Loyalty Membership Program Department. Members may update their personal information online at www.GUESS.com and www.GUESS.ca or at any Participating Store. GUESS is not responsible for Rewards or other Benefits that are not received as a result of loss or Member's failure to update Member's personal information.
    5. GUESS, the GUESS logos, the GUESS List Loyalty Program and other logos and taglines are the intellectual property of GUESS (or their affiliates), licensed to others under controlled conditions.
    6. Membership rules are void where and to the extent prohibited by law. Taxes may apply where required by law.
    7. Resale Policy - Products offered by GUESS are not offered for resale; by signing up for the GUESS List Loyalty Program, you expressly acknowledge and agree that you are entering an agreement with GUESS that you will not offer for sale, sell, transship or otherwise engage in any commercial activity (or permit any third parties acting on your behalf to do so) in relation to any products purchased from us using your Loyalty account; if you are suspected of breaching this provision, in addition to immediately suspending your Membership and shopping privileges with GUESS, you agree that GUESS may pursue all legal and equitable remedies available against you or anyone acting on your behalf for such breach, including but not limited to, monetary damages, injunctions and/or other remedies. Additionally, we may place limits on purchases and reject purchases or orders suspected of consisting of commercial quantities of our products. We may, among other things, restrict orders placed by or under the same customer account, the same credit card, loyalty program account and/or orders that use the same billing and/or shipping address. We may also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. Online orders are not deemed to be accepted by GUESS until your products are shipped from our warehouse; however an acceptance of an order by GUESS does not constitute a waiver of our rights under our resale policy. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy and the right to cease doing business with customers who violate this policy. This policy applies to all purchases of GUESS product, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales, and through our websites. We may modify this policy at any time without prior notice.
  4. POINTS AND REWARDS ACCRUAL.
    1. Points accrual will be calculated based on Member's Qualifying Purchases. "Qualifying Purchases" are purchases made at Participating Locations, excluding purchases of gift cards and certain merchandise items that are excluded in particular promotions and shall be calculated based on the final sale price of merchandise after any applicable discounts and coupons are applied (including Rewards redeemed) and before sales tax and shipping and handling (if applicable) is added. Points shall be calculated based on the final sale price in the local currency. Other exclusions may apply. Earn additional Points through special offers and promotions.
    2. Points will post to your account within 30 days of in-store purchase, date of on-line purchase or date of shipment. No adjustments to your account ("Account") will be made after the actual purchase date except as indicated below.
    3. Points apply only to the first GUESS List Loyalty Card scanned in connection with any purchase.
    4. Points earned from a Qualifying Purchase shall be deducted from Member's account if the Qualifying Purchase is returned or exchanged.
    5. Points shall expire automatically 6 months from the date of your last purchase using your GUESS List Loyalty Card. Points have no cash value and may not be redeemed for partial Rewards, merchandise or any other value.
    6. Once a GUESS List Member accrues 200 Points, those Points will be automatically deducted from Member's Account and a Reward in the amount of $10 shall be issued to Member's GUESS List Loyalty Card. Once a GUESS List Noir Member accrues 200 Points, those Points will be automatically deducted from Member’s Account and a Reward in the amount of $15 shall be issued to Member’s GUESS List Noir card. Rewards will be issued to your Loyalty Card approximately 72 hours after reaching the appropriate Points accrual level. All Rewards shall be issued in local currency, if you use your Reward in a foreign country, the applicable exchange rate value of your Reward shall apply to your purchase.
    7. GUESS may adjust the number of Points required to be eligible for a Reward or the Reward amount to be issued, at any time, in its sole discretion, with or without notice.
    8. Rewards are coupons for discounts off future purchases and may only be redeemed for a discount off purchase amounts equal to or greater than the amount of the sum of the Rewards presented for redemption at Participating Stores, excluding tax. Rewards shall not be refunded if you return or exchange merchandise purchased using a Reward coupon. Points earned towards such Reward shall not be reinstated to your account.
    9. Any unused Points and Rewards shall be forfeited if Member's Membership in the Program is cancelled for any reason.
  5. REWARDS REDEMPTION.
    1. Rewards are redeemable at Participating Stores for future purchases of any eligible merchandise available at Participating Stores only and cannot be used towards the purchase of gift cards or certain other merchandise. You may be notified of additional ineligible merchandise. Rewards have no cash value, are non-transferable, are not applicable to prior purchases or exchange transactions, and no change will be given for Reward redemptions. Rewards may only be used on time only. Other restrictions may apply.
    2. Rewards may be combined with other Rewards issued to Member’s Loyalty Card and may be used in conjunction with most other discounts (excluding employee discounts), promotions or offers towards the purchase of merchandise not to exceed the purchase amount at Participating Stores only.
    3. Unless otherwise indicated, Rewards will expire and are forfeited if not redeemed within 60 days from the date issued.
  6. PARTICIPATING STORES.

    The GUESS List Loyalty Card is accepted at most GUESS, GUESS Accessory, GUESS Factory, G by GUESS and Marciano stores located in the United States (including Puerto Rico) and Canada and for most products available online at www.GUESS.com, www.GUESS.ca and www.ShopMarciano.ca (“Participating Stores”). The GUESS List Loyalty Card is not accepted at the following locations: international locations; certain GUESS, GUESS Accessory and Marciano stores in the US and Canada as may be determined by GUESS from time to time; any third-party locations carrying GUESS products within the United States, Puerto Rico or Canada; for telephone orders at any Participating Stores; or through third-party online websites. The GUESS List program is not accepted in the Province of Manitoba. Certain restrictions apply.

  7. MEMBER PRIVACY.

    By becoming a Member of the Program, you agree to receive advertising, marketing materials and other communications from GUESS and its affiliates. The information we collect will be used to help us provide a more personalized shopping experience and personalized discounts applicable to purchases at Participating Stores. The personal information you provide as a Member of the Program will be handled and retained in accordance with the GUESS Privacy Policy located on www.GUESS.com or www.GUESS.ca.

    By providing your mobile number for the GUESS List program, you are agreeing to subscribe to GUESS Mobile Alerts to receive up to 5 text messages per month. Standard text messaging rates apply. Not available on all handsets/carriers. To unsubscribe at any time, text STOP to GUESS. For more information on GUESS Mobile Alerts, please visit www.GUESS.com or www.GUESS.ca.

  8. MODIFICATION AND TERMINATION.

    GUESS may terminate or modify the Program and/or these Terms and Conditions from time to time without notice and without any further obligations to Members. Updates shall be effective on the date they are posted on the websites below; continued use of Member's Loyalty Card after such date constitutes acceptance of all such changes. The most recent terms and conditions of the Program can be found at www.GUESS.com or www.GUESS.ca.

    GUESS may also terminate the Program at any time through written notice sent to Member via e-mail (Members without valid e-mails will be notified the next time their card is presented at a Participating Location). Upon termination of the Program, Member shall forfeit all unredeemed Points earned as of the termination date but any Rewards issued shall remain in full force through their individual expiration dates. Members may choose to opt out of the Program at any time by providing notice by mail or e-mail; however, all Rewards and Points shall be forfeited at such time. Cancellation may take from 6 to 8 weeks to finalize. GUESS reserves the right to terminate your Membership at any time in its sole discretion for any reason.

    All correspondence for the GUESS List Loyalty Card should be addressed to:
    GUESS List Loyalty Program
    Attn: Customer Care
    1444 S. Alameda Street
    Los Angeles CA, 90025

  9. GOVERNING LAW AND ARBITRATION - BINDING ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER

    Any dispute, claim, or controversy arising from or relating to this Agreement or Member's Membership will be resolved by binding arbitration, rather than in court (i.e., you are waiving your right to sue in court), except that you may assert claims in small claims court if your claims qualify. Disputes subject to arbitration include without limitation disputes arising out of or relating to interpretation or application of this dispute resolution provision. The Federal Arbitration Act and federal arbitration law apply to this dispute resolution agreement.

    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

    The arbitration will be conducted by JAMS, Inc. under its rules by a single arbitrator experienced in commercial disputes. The JAMS’s rules are available at www.jamsadr.org or by calling 1-800-352-5267. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator shall issue a written award setting forth the arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it. The arbitrator’s award may be entered in any court of competent jurisdiction.

    Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’s rules. However, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith [a] we will reimburse those fees for claims totaling less than $10,000, and [b] in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GUESS will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration. Likewise, GUESS will not seek attorneys’ fees and costs in arbitration unless permitted by law and the arbitrator determines the claim(s) asserted against GUESS are frivolous or brought in bad faith.

    You and Guess each agree that any dispute resolution proceeding SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class, consolidated, and representative action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor GUESS are entitled to arbitration.

    This Agreement is governed by the laws of the State of California without regard to conflict of law principles. If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent subject matter jurisdiction – whether federal or state – within the Central or Southern Districts of California or, if applicable, state courts for the counties within those two federal districts.

    Notwithstanding any other provision in this Agreement to the contrary, to the extent GUESS makes a material change to this dispute resolution provision, such change will not apply to any dispute that you provided Guess notice of prior to the change in the dispute resolution provision.

    To provide us notice of an arbitration demand, send the demand to our registered agent: Guess?, Inc., c/o CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833.

  10. NO WARRANTY.

    GUESS AND ITS AFFILIATE ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS OR SERVICES RELATED THERETO AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES.

    NJ Residents: The No Warranty section of this Agreement is inapplicable to you.

  11. RELEASE OF LIABILITY.

    MEMBER HEREBY RELEASES GUESS AND ITS AFFILIATE ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM OR RELATING TO THE PROGRAM, MEMBER'S MEMBERSHIP IN THE PROGRAM OR THIS AGREEMENT.

    NJ Residents: The Release of Liability section of this Agreement is inapplicable to you.