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PENHA PRIVILEGE PROGRAM

Terms & Conditions

Penha Privilege Loyalty Program
VERSION 1.1. UPDATED 26 FEBRUARY 2019

Subject to the Terms and Conditions set forth below, members of the Penha Privilege Program will earn points in connection with the purchase of qualifying products and beauty services at Penha Duty Free stores.

I. MEMBERSHIP
1. Free Membership
No purchase is necessary to obtain membership in the Penha Privilege Program (“Penha Privilege” or the “Program”) and get a Penha Privilege card.

2. Eligibility
You must be of age 14 years or older to be eligible for a membership. Membership in the Program is limited to individuals only and is limited to one account per individual. By submitting an application for Penha Privilege, you agree to be bound by these Terms and Conditions. To enroll in the Program, you must provide your first name, last name, email address, phone number, island of residence, birth date and gender. The Program is void where prohibited by law. Members are entitled to only one Member Account.

3. Opening an Account
You may apply to become a member of the Program by completing an application at any Penha Group location, being:

  • Penha Duty Free Stores on Aruba, Grand Cayman, Bonaire, Curacao and St. Maarten
  • Victoria’s Secret on Aruba, Grand Cayman and Curacao (Punda only)
  • M.A.C. Cosmetics on Aruba, Grand Cayman and Curacao
  • Bath & Body Works on Aruba

4. Membership Card
Each Penha Privilege member (“Member”) will receive a card with a Penha Privilege account number that is unique to such Member (“Account”). Cards are provided in-store at the time the customer enrolls in the Program. If a Member loses their Member Card, Member may be issued a new Member Card at a cost of $10. Issued points (including negative balances) will be transferred to the new Member Card. To ensure proper handling of Member Accounts, lost or stolen cards must be reported to Penha Duty Free by contacting Head Office at (+5999) 461-2266. The card remains the property of Penha Duty Free and must be surrendered upon request. No credit or cash will be given for unused points. Program account numbers are not transferable and are not for sale, resale or barter. Penha Duty Free is not responsible for use of a Member’s card or redemption of a Member’s points in the event the Member’s card is lost or stolen and the card is used or the points are redeemed prior to the Member informing Penha Duty Free that the Member’s card has been lost or stolen.

5. Access/Change Member Information
Members must keep their personal information on their Account up-to-date by visiting any Penha Duty Free location.

6. Penha Privilege Platinum
Coming soon.

7. Member Cancellation
You may cancel your Penha Privilege membership at any time. Upon cancellation, any unused points accrued in your account will be forfeited and cannot be redeemed.

II. EARNING POINTS
1. General
Members can earn Penha Privilege points on the purchase of qualifying products and beauty services at participating locations within the Penha Group:
– Penha Duty Free Stores on Aruba, Grand Cayman, Bonaire, Curacao and St. Maarten
– Victoria’s Secret on Aruba, Grand Cayman and Curacao (Punda only)
– M.A.C. Cosmetics on Aruba, Grand Cayman and Curacao
– Bath & Body Works on Aruba

2. Earning Rate
Members earn one (1) Point for every one dollar ($1) spent when they purchase: (i) qualifying products or services at any of the Penha Group Stores and present their Penha Privilege card (or other valid identification from which the Member’s account information can be determined by the store associate). Points are rounded down. For example, if you spend $19.99, you will receive 19 points. Penha Duty Free may change the amount of Points earned per dollar spent at any time.

3. Birthday Gift (coming soon)
In addition to earning points on qualifying product purchases made in-store, all Members may receive a birthday gift each year. Members with a valid email address and their birthday entered in their Account profile may receive a free gift during their birthday month. Members can redeem their birthday coupon at any store to receive their gift. The coupon will be valid for 30 days from receipt. Penha Duty Free reserves the right to change or cancel the birthday gift product at any time.

4. Gift Cards
When a Member makes a qualifying purchase in-store using a gift card, the Member will earn points on the amount of the purchase.

5. Timing of the Addition of Points to Accounts
Penha Privilege points earned on the in-store purchase of qualifying products or services will be added to your account immediately at the time of the purchase. For all in-store purchases, the amount of points in your Account, including points earned on your recent purchase, will be reflected on your receipt after a transaction (coming soon), unless there is a point-of-sale or system unavailability or other technical difficulty that limits the ability to reflect points on the receipt.

6. Exclusions
Members earn one (1) Point for every one dollar ($1) spent when they purchase: (i) qualifying products or services at any of the Penha Group Stores and present their Penha Privilege card (or other valid identification from which the Member’s account information can be determined by the store associate). Points are rounded down. For example, if you spend $19.99, you will receive 19 points. Calculation is as follows: $19.99 x 1 point per dollar = 19.99 points, which is rounded down to 19 points. Penha Duty Free may change the amount of Points earned per dollar spent at any time. Penha Duty Free may change the value of a Point at any time.

7. Returns
Points earned for a purchase that is then the subject of a return or refund will be deducted from the Member’s account in an amount equal to the points earned for the original transaction. If a return will cause your Penha Privilege account to have a negative point balance, a store credit will be issued on the return regardless of your original form of payment.

8. Bonus Point Promotions
From time to time, Penha Duty Free may run certain bonus point promotions. Under bonus point promotions, Members can earn additional “bonus points” in connection with the purchase of certain products at Penha Duty Free stores or in connection with shopping days where a Member earns a set amount of bonus points for shopping in-store that day. When these products are purchased by a Member, the Member will earn bonus points on each product, as specified in the offer. Bonus point promotions are subject to the terms and conditions of the offer and may be offered at any time in Penha Duty Free’s sole discretion. Bonus point offers cannot be combined with any other offer. If a Member purchases a product during a bonus point promotion and the product comes with an additional, free product, bonus points will not be issued on the retail value of the free product. If a Member redeems points towards the purchase of a bonus point product and pays a portion of the retail price after the point’s redemption, the Member will receive bonus points on the leftover retail amount paid by the Member. If a Member redeems points towards the purchase of a bonus point product in an amount equal to the full price of the bonus point product, the Member will not earn any bonus points. You may also earn additional points on non-purchase activities in accordance with the terms published by Penha Duty Free. You may also earn additional points on certain purchases from eligible third parties in accordance with the terms published by Penha Duty Free. From time to time, Penha Duty Free may offer you the chance to win various prizes, including points. Rules and restrictions will apply to such promotions.

III. REDEEMING POINTS
1. General
Points earned by a Member may be redeemed for products at Penha Duty Free stores. Points cannot be redeemed for discounts on beauty services.

2. Points towards Products
Members can use their points to redeem for products. 1 Point earned represents a value of USD 0,03. The aforementioned value is an introductory value and may changed by Penha at any time.

3. Redemption In-Store
To redeem points towards a purchase at a Penha Duty Free store, Members must indicate that points are being redeemed prior to making the purchase and must present their Penha Privilege card at the time of purchase.

4. Gift cards
Points can be used towards the purchase of gift cards. Gift cards are eligible for redemption of Penha Privilege Points.

5. Beauty Services
Points can be used towards the purchase of Beauty Services. Beauty Services are eligible for redemption of Penha Privilege Points.

6. Exclusions
Points accumulated on different Accounts of different Members may not be combined or aggregated to make purchases of products or for any other reason. Points earned in a transaction cannot be redeemed in the same transaction.

7. Points Expiration.
All points expire one (1) year after the date on which the points were earned by the member. For example, unused points earned on November 1st, 2019 will expire on November 1st, 2020.

IV. GENERAL
By joining the Penha Privilege Program, you agree to be bound by the Terms and Conditions set forth in these Program Rules. Penha Duty Free reserves the right to cancel, modify, or restrict Penha Privilege or any aspect of the Program, including, without limitation, the point conversion ratio and the point expiration policy at any time. Any changes can be made without advance notice. Penha Duty Free may make these changes even though such changes may affect the Member’s ability to use points already accumulated. You are responsible for remaining knowledgeable about the Program Terms and Conditions. A Member’s points balance, as reflected in Penha Duty Free’s records, shall be deemed correct. Penha Duty Free reserves the right to determine the amount of points in any Member’s account based on Penha Duty Free ‘s internal records related to such Member’s account. In the event of an inconsistency between the amount accrued in a Member’s account as stated on any Member’s receipt and Penha Duty Free ‘s internal records, Penha Duty Free’s internal records will control. Penha Duty Free assumes no responsibility for errors caused by incorrect Member information. Your right to transfer points earned or granted under the Program is strictly limited. The sale of points is prohibited and may result in the confiscation or cancellation of your points as well as suspension or termination of your membership, which in each case shall be final and conclusive. Penha Duty Free may revoke any Member’s membership in Penha Privilege at any time if such Member engages in abuse of the Program or fails to follow the terms and conditions of the Program. Fraud or abuse relating to the accrual of points or redemption of rewards may result in revocation of membership in the Program and may affect a Member’s eligibility for participation in any other Penha Privilege program. Penha Privilege points are non-transferable and cannot be redeemed for cash. The interpretation and application of the Program’s Terms and Conditions are at the sole discretion and determination of Penha Duty Free.

TERMS & CONDITIONS

By shopping on this website, you
automatically agree to the terms & conditions.

Penha Duty Free
VERSION 1.1 UPDATED APRIL 26, 2020.

1. IN GENERAL

1.1 These terms and conditions are applicable to Penha Duty Free’s online stores. The terms and conditions are available for everyone on the website http://www.penhadutyfree.com.

1.2 IDENTITY OF THE COMPANY

Penha Duty Free
Heerenstraat 1
Willemstad
Curacao

E-mail address: info@penhadutyfree.com

1.3 To place an order with Penha Duty Free, the buyer must be at least 16 years old. By placing an order the buyer acknowledges to have read and accepted the terms and conditions. Penha Duty Free reserves the right to change the terms and conditions.
1.4 Unless otherwise agreed upon in writing, the terms and conditions of third parties will not be recognized.
1.5 Penha Duty Free guarantees that the delivered product(s) is in correspondence with the agreement and meets the specifications mentioned in the offer.

2. DELIVERY

2.1 All orders are subject to availability.
2.2 All orders will be carried out within 2 business days.
If this is not possible, because the product is not in stock, the product is no longer available, the order cannot be carried out, part of the order cannot be carried out or it is delayed for any other reason, the customer will be notified within 2 business days after placing the order and has the right to cancel the order without any costs or notice of default.
2.3 The address given by the customer to the company will count as place of delivery.
2.4 Penha Duty Free will have met the obligation to deliver, in absence of proof of the contrary, when Penha Duty Free has offered the ordered product(s) once to the customer. When delivered to a home address the carriers report, withholding refusal of acceptance, will be proof of offering the product(s).
2.5 All deadlines, mentioned on the website, are an indication. No rights can be derived from the mentioned deadlines.

3. PRICING

3.1 The website may contain typographical errors or other errors or inaccuracies. Penha Duty Free therefore reserves the right to correct any errors or inaccuracies and change or update information at any time without prior notice. Penha Duty Free cannot be held accountable for the consequences of these typographical errors, other errors or inaccuracies.
3.3 Prices are shown in US Dollars and can be adjusted to local currencies manually by the buyer. Shipping costs will be charged in addition; additional charges are clearly displayed where applicable and are included in the total costs.

4. RIGHT OF WITHDRAWAL

4.1 The customer has the right to return the delivered product(s) or part of the delivered product(s) within 14 days without giving any reason. This period starts at the moment the product(s) has been delivered. If the customer has not returned the product(s) within this period, the customer cannot do so anymore. To return the product(s), they must be in the original packaging, unopened, all tags and labels attached and be in new condition. Customer also needs to present the original receipt. If the product(s) has been damaged in any way by the customer, the right to return the product(s) expires. Returning the delivered product(s) is at the expense and risk of the customer.
4.3 The right of withdrawal does not apply to the following kind of products: Products that have been made to meet customer’s specifications or which have been given a clear personalized character and products which cannot be returned due to health protection, hygiene protection or which can spoil quickly.
4.4 If the customer uses the right of withdrawal, the customer will be held accountable for the costs of returning the products.

5. CUSTOMER PRIVACY

5.1 If you place an order with Penha Duty Free, your personal details will be kept in our customer database. Penha Duty Free will not share your personal details with third parties. More information can be found in our Privacy Policy.
5.2 Penha Duty Free respects the privacy of the users of the website and will handle his/her personal details in confidentiality.
5.3 Penha Duty Free occasionally uses a mailing list. Every mailing includes instructions to remove yourself from this list.

6. Guarantee

6.1 Penha Duty Free guarantees that the delivered products are in correspondence with the requirements of function, reliability and lifespan as advertised online.
6.2 Penha Duty Free is not responsible for the actual suitability of the products, nor for advice regarding the use or application of the products.
6.3 The customer is obliged to check the products immediately after they have been delivered. If the delivered products appear to be incorrect, faulty or incomplete, the customer must report these defects to Penha Duty Free within 3 days. Returns must be brought back to store in the original packaging, unopened, all tags and labels attached and be in new condition. Usage after noticing any defects, damage after noticing any defects, encumbrance and/or resale after noticing any defects, will make the right to return the product(s) lapse.
6.4 If Penha Duty Free approves the complaint of the customer, Penha Duty Free will either replace the product(s) free of charge or agree upon a compensation with the customer. The responsibility of Penha Duty Free and the height of compensation is limited to the amount invoiced.. Penha Duty Free is not responsible for any other type of damage, including additional compensation in any form, compensation of indirect damage or consequential damage or damage by loss of profit.
6.5 Penha Duty Free is not accountable for purposely damaged products or deliberate recklessness.
6.6 This guarantee does not apply in the following cases: A) The customer has repaired and/or adapted or has had a third party repair and/or adapt the delivered product(s); B) The delivered product(s) have been exposed to abnormal circumstances or have been treated in a reckless way or have been treated differently than advised in the instructions on the package; C) The defects are entirely or partially the result of government regulations or acts of God.

7. SPECIAL OFFERS

7.1 At acceptance of a special offer by a buyer, Penha Duty Free reserves the right to withdraw or amend the offer within 3 working days after receiving the acceptance of offer.
7.2 Verbal agreements are only valid after these have been confirmed in writing.
7.3 Penha Duty Free’s special offers do not automatically apply to repeat orders.
7.4 Penha Duty Free cannot be obliged to offer a special offer, if a customer should have been able to understand that the special offer, or part of the offer, contained an obvious mistake or typographical error.
7.5 Complements, modifications and/or further agreements are only valid, if agreed upon in writing.

8. AGREEMENT

8.1 An agreement between Penha Duty Free and the customer is realized after Penha Duty Free has assessed the order.
8.2 Penha Duty Free reserves the right to refuse an order or only accept the order with the condition that the order has been paid in advance.
8.3 Penha Duty Free is entitled to conduct an inspection when an order has been paid by credit card or will be paid for after receiving the product(s). Based on this inspection, Penha Duty Free can choose to offer the customer an alternative payment method or cancel the order.

9. IMAGES & SPECIFICATIONS

9.1 All images; photos and specifications, for example; details about size, colors, images or labels, etc. on Penha Duty Free’s website are an indication and cannot be a reason to claim compensation or cancel the agreement.

10. FORCE MAJEURE

10.1 Penha Duty Free cannot be held accountable for delays or cancellations of orders due to circumstances beyond Penha Duty Free’s control.
10.2 The circumstances pertaining to force majeure are all unusual causes and circumstances, which should not belong to Penha Duty Free’s risks. Delays or non-fulfillment of obligations by Penha Duty Free’s suppliers, problems with the internet, electricity failures, problems with email traffic and failures or changes in technology supplied by third parties, problems in transport, strikes, government regulations, delays in supply, negligence of Penha Duty Free’s suppliers and/or manufacturers including other assistants, illness of employees and shortcomings in means of transport, acts of God, are all circumstances beyond Penha Duty Free’s control.
10.3 Penha Duty Free reserves the right to postpone its obligations and also has the right to cancel the agreement partially or entirely or modify the content of the agreement to make it possible to execute. In no case will Penha Duty Free be obliged to pay a fine or compensation.
10.4 In case Penha Duty Free cannot meet its obligations, or can only partially meet its obligations due to force majeure, Penha Duty Free must invoice the available part of the order separately and the customer is obliged to pay the invoice as if it were a separate contract. This does not apply if the available part of the order does not have any independent value.

11. RESPONSIBILITY

11.1 Penha Duty Free cannot be held accountable for damage to other objects due to incorrect use of the products.

12. RETENTION OF TITLE

12.1 Penha Duty Free retains legal ownership of the product(s) sold to the buyer until the buyer has paid the whole amount that is owed to Penha Duty Free according to the agreement, as long as the buyer has not met the obligation to execute the duties agreed upon in this or a similar agreement, and as long as the buyer fails to fulfill the obligations to pay the owed amount agreed upon in the agreement, which includes fines, interest and other costs.
12.2 The product(s) delivered by Penha Duty Free, to which the retention of title applies, are never allowed to be used as means of payment and can only be resold within the context of normal business implementation.
12.3 The buyer does not have the authority to sell nor harm the products, to which the retention of title applies, in any other way.
12.4 The buyer gives Penha Duty Free or a to be assigned by Penha Duty Free, third party, unconditionally and irrevocably permission, in all cases, in which Penha Duty Free wants to exert its retention of title, to go to all the places where Penha Duty Free’s products are located and take the products away.
12.5 If a third party seizes delivered products, to which the retention of title is applicable, or establishes rights on them, the buyer is obliged to notify Penha Duty Free as soon as possible.
12.6 The buyer obliges himself to insure the delivered products, to which the retention of title is applicable and to make sure the products remain insured for fire, explosion and water damage as well as for theft.

13. GOVERNING LAW AND JURISDICTION

13.1 These terms and conditions are to be construed in accordance with the laws of Curacao.
13.2 Any dispute or claim arising from an agreement between Penha Duty Free and a buyer, which cannot be solved in mutual agreement, shall be subject to the exclusive jurisdiction of the court.

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