Revision Date: August 16, 2023
Acceptance of terms
By browsing and using the Site, you agree to these Terms and all other operating rules, policies, and procedures that may be published from time to time on the Site, each of which is incorporated by reference.
IF YOU LIVE IN THE UNITED STATES, BY USING THIS SITE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE AND PURCHASE OF OUR PRODUCTS, AS STATED FULLY IN THE "DISPUTE RESOLUTION" SECTION BELOW.
francesca's® refers to Francesca's Services Corporation and its affiliated entities, and is referred to herein as "francesca's," "we," or "our."
"Content" means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.
"Site" means the website www.francescas.com, including all of its domains and subparts.
"User" means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any products from the Site, and is referred to herein as "User" or "you."
"User Content" refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.
Eligibility to use the site
You may use the Site only if you are eighteen (18) years or older and capable of forming a binding contract with us and are not barred from using the Site under any applicable law. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.
Notice required by California Law
Pursuant to California Civil Code Section 1879.3, California residents are entitled to the following specific consumer rights notice:
The name, address, and telephone number of the provider of this service is francesca's, 8760 Clay Road, Suite 100, Houston, Texas 77080, 1-800-980-1180. Complaints regarding products, or requests to receive further information regarding use of this Site may be sent to the above address or to Guest.Services@francescas.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
Important information for New Jersey residents
If you live in New Jersey, please carefully read these Terms and understand that by using the Site, placing an order on the Site or creating an account, in addition to the other terms and conditions herein, you agree:
Any dispute between you and francesca's us will be governed by the laws of the State of Texas and subject to the dispute resolution provisions set forth in the "Disputes Resolution" section below;
Under the laws of the State of New Jersey, limitations on implied warranties or the exclusive limitation of certain damages as set forth below in the "DMCA/Copyright Policy," "Disclaimers of Warranties," "Limitations on Liability," and "Anti-Diversion" sections may not apply to you; and
As set forth in the "Indemnification" section below, you are responsible for any harm you cause francesca's, whether it is because of your (i) User Content; (ii) violation of any applicable law that protects francesca's or our legal rights or those of any third party that your actions have damaged; (iii) material uncured breaches of these Terms; (iv) infringement by you of any intellectual property rights that belong to francesca's or any third party; (v) any and all activities that occur under your account, username, and password.
Our Site is controlled, operated, and administered from our offices in Texas, United States of America. We make no representation that Content on the Site is appropriate or available for use at other locations outside the United States, and access to Content is prohibited from territories where the Content or products available through the Site are illegal. You may not use the Site or export its Content or products in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.
These Terms and any action or proceeding relating thereto will be governed by the laws of the State of Texas. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.
You may be required to register with francesca's in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to francesca's, including those set forth in these Terms, we reserve the right, in our sole discretion to terminate your account or your use of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel your product orders (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
Rules of conduct and general prohibitions
You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site. You may not, without our written consent (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree not to do any of the following:
post, publish, submit, or otherwise transmit any Content that (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law; or (iv) promotes illegal or harmful activities or substances;
disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site, or affiliated or linked websites;
disrupt or interfere with any other User's enjoyment of the Site, or affiliated or linked websites;
post, publish, submit or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any text, or the layout/design of any page or form contained on a page) without our express written consent;
use meta tags or other "hidden text" utilizing our name, trademark, or product name without our express written consent;
deep link to the Site without our express written consent;
create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;
collect or store personal data about others;
attempt to obtain unauthorized access to the Site or portions of it that are restricted from general access; and
encourage or enable another User or individual to do any of the foregoing prohibited activities.
By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.
If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, "you" or "your" will refer and apply to that company or other legal entity.
Right to user content posted by you
By making any User Content available to or through the Site, you hereby grant francesca's a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing products and services to you and/or other Users, and also in connection with advertising of our products and services.
In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant francesca's the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.
We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.
You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant francesca's the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by francesca's on or through the Site, will infringe, misappropriate, or violate a third party's intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
You will defend, indemnify, and hold harmless francesca's, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys' fees, that arise from or relate to (i) your access or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects francesca's or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by francesca's or any third party; (v) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with francesca's in asserting any available defenses. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.
Copyrights and trademarks
The Site, including all of the Content, is protected by copyright, trademark, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.
Together with other logos and product names appearing on the Site, the following includes a partial list of our trademarks and/or registered trademarks in the United States and other countries: FRANCESCA'S and FRANCESCA'S COLLECTIONS. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and brands on the Site may be claimed as the property of others.
It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by Users who appear to infringe the intellectual property or other rights of others.
We comply with the Digital Millennium Copyright Act ("DMCA"). If you believe we or any User of the Site has infringed your copyright in any material way, please notify francesca's, and provide the following:
an identification of the intellectual property right claimed to have been infringed;
an identification of the material you claim is infringing so that we may locate it on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
a statement by you that the above information in your notice is accurate and made under penalty of perjury; and
that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by writing to the attention of the francesca's Legal Department at 8760 Clay Road, Suite 100 Houston, Texas 77080.
Links to third party websites
The Site may contain links to third party websites or services and advertisements for third parties (collectively, the "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under our control and we are not responsible for any Thirty Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and are not responsible for the content, products, or services on or available from those Third Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third Party Sites & Ads.
The inclusion of a hyperlink to Third Party Sites & Ads does not imply affiliation, endorsement, or adoption by francesca's of the Third Party Sites & Ads or any information contained therein.
Product satisfaction and return policy
Our goal is 100% customer satisfaction and if, for any reason, you are not completely satisfied with your order or any of our products, please contact Guest Services at 1-800-980-1180 or Guest.Services@francescas.com. For returns and exchanges, please see the francesca's Return Policy available at https://www.francescas.com/returns-exchanges.
We have taken reasonable precautions to ensure that all product descriptions, prices, and other Content on the Site are correct and fairly described. By placing an order on this Site, you are making an offer to francesca's. Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to not accept the offer if there has been a material error in the description of the product, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant francesca's the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.
Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All purchases of physical items from francesca's are made pursuant to a shipment contract. This means that the risk of loss and title of such items pass to you upon our delivery to the carrier.
All descriptions, images, references, features, Content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Order and payment information
If you use the site or other means to purchase a product or service, payment must be received by francesca's prior to our acceptance of an order, unless otherwise agreed to by us in advance. All of our products are subject to sales tax, which will be applied to your order total. We may need to verify information you provide before we accept an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, we will refund you any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. We expressly condition acceptance of your order on your agreement to these Terms.
We will add applicable shipping and handling fees to your charges, as stated in your order. We reserve the right to reject orders where the stated delivery address is outside the United States.
We are not responsible for any injury or damage that may result from the purchase of products through distributors or retailers who are not authorized distributors or retailers of our products. We are not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been altered or discontinued.
Disclaimer of warranties
OUR PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the services or products available on the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING ANY SERVICES PROVIDED TO YOU.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTIES RELATING TO OUR PRODUCTS, SERVICES, OR CONTENT, THESE TERMS AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY PRODUCTS VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR PRODUCTS PURCHASED VIA THE SITE IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FRANCESCA'S. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitations of liability
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER FRANCESCA'S, OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY – EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE – ARISING IN CONNECTION WITH (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO FRANCESCA'S FOR ANY PRODUCTS OR SERVICES SUPPLIED BY US THROUGH YOUR USE OF THE SITE OR OTHERWISE.
WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
The terms of this section survive any termination of these Terms.
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.
No third party beneficiaries
We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and francesca's. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.
AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
You acknowledge and agree that both you and the francesca's are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive termination of these Terms.
The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.
The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the "JAMS Procedures"), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.
The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.
Dispute notice and arbitration process
Prior to initiating an arbitration proceeding, you must first send francesca's a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to francesca's must be mailed to the attention of the francesca's® Legal Department at 8760 Clay Road, Suite 100, Houston, TX 77080 via nationally recognized overnight courier. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.
Arbitration location and procedure
Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. francesca's will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
We will pay or (if applicable) reimburse you for all JAMS filing, administration, and arbitration fees for any arbitration commenced by you or francesca's pursuant to the terms of this section.
Time limit for resolving disputes
The parties agree that any cause of action either may have with respect to the Site or our products, services, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states' laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.
The terms of this Dispute Resolution section survive any termination of these Terms.
Right to opt-out or reject future changes to dispute resolution section
You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter via nationally recognized overnight courier to the attention of francesca's® Legal Department at 8760 Clay Road, Suite 100, Houston, Texas 77080, within thirty (30) days of your first visit to and use of the Site that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this section will apply.
These Terms constitute the entire and exclusive understanding and agreement between francesca's and you regarding the Site, Content, products, and services that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and francesca's regarding the Content, products, or services provided on the Site. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by francesca's under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of francesca's. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and francesca's, and you do not have any authority to create any obligation on our behalf.
If you have any questions about these Terms, please contact Guest Services.
franClubTM Terms And Conditions
THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECTS YOUR RIGHTS. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
The Program allows you to earn points ("Points") on the dollars you spend and for certain activities with our brands as described below that can be used to receive coupons in $10 denominations that can be applied to your next purchase ("Rewards"). Francesca's may, at its sole discretion, cancel, alter, limit, or modify Program rules and regulations, including these Terms, Points earning structure, Rewards, Rewards structure, Rewards thresholds, or any other feature of the Program at any time, without notice. You agree to any updates to the Terms by participating or remaining in the Program. Francesca's reserves the right to exclude any customer from participating in the Program for any reason at francesca's sole discretion. In accumulating Points, members in the Program may not rely on the continued availability of any Rewards or Rewards threshold and they have no vested right with respect to Points, Rewards, or Program benefits. Program members who do not agree with these Terms should cancel their membership in the Program as described below.
In these Terms, "member," "you" and "your" mean the Program member. "We," "our," and "us" mean francesca's.
Francesca's, whose determination shall be final, shall make any necessary interpretation or application of these Terms. Points and Rewards in the Program may be subject to tax liability.
How to Join the Program: Subject to the Program Eligibility requirements outlined below, you can join the Program in one of the following ways:
In-Boutique. Sign up at a register when you check out at a francesca's or franki boutique or ask a store associate to help you.
Program Eligibility: No purchase is necessary to create an Account. Membership in the Program is available to francesca's customers aged 18 and over that reside in the United States who abide by these Terms. To receive Points, the phone number associated with your Account must be presented at the time of an in-store purchase, or the purchase must be made online while logged into your Account. Only the individual Program member who makes the purchase may earn Points to their Account.
Participation in the Program is subject to these Terms and any other terms and conditions, rules, regulations, policies, and procedures adopted by francesca's at any time.
Francesca's reserves the right to void program member Accounts and Rewards earned by any person(s) who have wrongfully earned Points whether via deception, forgery, or fraud.
How to Earn Points: The Program is limited to earning Points for net eligible purchases, whether made in-store or online. "Net eligible purchases" is the amount of purchases of goods (excluding gift cards and e-gift certificates) for personal purposes made when Account information is presented at the time of purchase, or after purchase if a claim for Points is made through the missed transaction request form in your Account, and the purchase is paid with an Acceptable Payment, minus the amount of any returns, refunds or other adjustments. Net Eligible Purchases also exclude taxes and shipping and handling charges. "Acceptable Payment" means the purchase was paid with Rewards, cash, check, a credit card or other method of payment accepted by francesca's.
Points are not earned on, and the term "Net Eligible Purchases" does not include: returns, refunds, redemption of gift cards and e-gift certificates, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Account or any other francesca's policies, balance transfers, interest, fees or other Account activity. We have the right to deduct Points from your Points balance for charges that were not or do not remain Net Eligible Purchases. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points towards your next Rewards coupon. Points you earn may not be combined with Points earned on any other Account.
Points earned and Rewards have no cash value and may not be used as payment of any outstanding obligation to francesca's, and they cannot be transferred, purchased, sold, or traded. Points do not constitute property of the member and are merely valid to accumulate Rewards in the context of the Program as described under these Terms. No money shall be paid out of forfeited, expired or unused Points. The number of Points required to redeem any Rewards may be increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed at any time by us.
Points Structure: Members will be placed into a Program tier ("Tier") based on how many points they earn on Net Eligible Purchases in the then-current calendar year beginning on January 1 of each year, as shown in the chart below. Members' Tier placements will reset and be downgraded by one level each calendar year, except for new members, who will maintain their initial Tier status for the remainder of the year in which they join the Program through the following calendar year. Members that earn up to 75 points on Net Eligible Purchases in the then-current calendar year will be placed in Tier 1 ("Enthusiasts") and may earn 1 Point for every $1 spent on Net Eligible Purchases. Members that earn between 75.01 and 300 ponts on Net Eligible Purchases in the then-current calendar year will be placed in Tier 2 ("Insiders") and may earn 1.5 Points for every $1 spent on Net Eligible Purchases. Members that earn 300.01 or more on Net Eligible Purchases in the then-current calendar year will be placed in Tier 3 ("Trendsetters") and may earn 2 Points for every $1 spent on Net Eligible Purchases. Tier Level Criteria Point multiplier per $1 spent on Net Eligible Purchases
|Tier Level||Criteria||Point multiplier per $1 spent on Net Eligible Purchases|
|Tier 1||Up to 75 points earned on annual basis on Net Eligible Purchases||1.0 x multiplier|
|Tier 2||75.01- 400 points earned on annual basis on Net Eligible Purchases||1.5 x multiplier|
|Tier 3||400.01 points earned on annual basis on Net Eligible Purchases||2.0 x multiplier|
Bonus Points for Special Offers or Activities: From time to time, we may make special offers for you to earn additional Points, such as joining the Program, leaving a review on certain online platforms, or engaging with our brands on social media, or we may run special promotions where certain purchases made during a specified period are entitled to increased point multipliers. These additional Points are called "Bonus Points." The way to earn Bonus Points, and the Bonus Points that can be earned, may vary as compared to regular Points in the Program. Read the terms of each special offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Your Net Eligible Purchase must be completed during the special offer period in order for you to earn the applicable Bonus Points.
Birthday Presents: To receive a birthday present from The Fran Club, members must provide francesca's with their birth month and day. Birthday presents are provided at francesca's sole discretion which could include certain limitations. Birthday presents can be used on any francesca's purchase, excluding gift cards and e-gift certificates. Birthday presents expire 30 days from the date on which they are converted into a Reward. Coupons provided as a birthday present expire 30 days from issuance. Birthday presents have no cash value, are not transferable, and are for promotional purposes only, without any money or other thing of value being given in exchange. Birthday presents are available to active Program members who have made at least one purchase at francesca's at least once in the then-current calendar year.
Your Points Balance: You may access your Points balance on your Account at francesca's.com. Please note that there may be a delay of up to seven (7) business days for Points from a Net Eligible Purchase to post to your Points balance in your Account. At any time, we may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, Net Eligible Purchases. Points will remain available in your Points balance until they are redeemed for Rewards, are forfeited, or expire.
Except as otherwise specified herein or otherwise by francesca's, Points will expire if you do not make a Net Eligible Purchase for 12 months from the date that you last earned Points.
Earning Rewards: When you earn enough Points you will be eligible for a $10 Reward coupon (each, a "Reward"). The current threshold for a Reward is 100 Points (100 Points = one $10 Reward). Rewards thresholds are subject to change without notice. Rewards will be calculated and fulfilled regularly. Once you've earned a Reward, your Points balance will be reduced by the number of Points used to obtain the Reward. Except as provided below, we will send Rewards to your valid email address after you achieve a Reward threshold. To change the primary email address for your Account, please visit francescas.com/login-email.
Using Rewards: Rewards can be redeemed only on a qualifying francesca's merchandise purchase (whether such purchase is made on francesca's.com or in one of our boutiques) that exceeds the total amount of the Rewards being applied to the purchase. By way of example, two $10 Rewards could be used to buy $20.01 in merchandise. Francesca's, in its sole discretion, may determine whether merchandise is eligible for purchase with Rewards. Rewards may be used at francesca's or franki boutiques, outlets or online at francescas.com. Rewards may not used to purchase gift cards and e-gift certificates, have no cash value, are not transferable and are for promotional purposes only, without any money or other thing of value being given in exchange. Except as otherwise specified herein or otherwise by francesca's, Rewards expire 60 days from their issuance date. Rewards are good for one-time use only and must be surrendered at the time of redemption.
Francesca's is not responsible for lost Rewards or Rewards not received due to failure to update the member address or e-mail address information on the Account. Members may update their address or e-mail address in their Account at francescas.com.
To the extent allowed by applicable law, we may cancel any earned or outstanding Reward(s) if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.
Communications, Program Activity and Customer Service: We may contact you about the Program by mail, phone call, e-mail or other methods permitted under applicable law. As needed, you agree to promptly update your contact information by logging into your Account.
By creating an Account, you agree to receive emails from us regarding your Account, Points, Rewards, and the Program. If you do not wish to receive these communications, you may cancel your membership in the Program by sending an email to our Customer Care Team at firstname.lastname@example.org or by calling Customer care at 1-800-980-1180.
You can view your Program activity and Points balance in your Account on francescas.com/login-email.
Points Disputes: If Points you believe were earned have not timely posted to your Points balance, you may dispute your Points balance ("Points Dispute") by immediately logging into your Account and submitting a missed transaction request form. We will use reasonable efforts to investigate your Points Dispute if you notify us within 90 days of the purchase date. If you do not notify us within that period, you waive your right to make a Points Dispute with respect to that purchase. We may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Points Dispute. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Points to your Points balance.
Limited Liability: Unless otherwise required by law or our agreements with you, francesca's, or any of our or its respective affiliates, officers, directors, employees, service providers, or agents will not be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Program, or typographical or other errors in connection with special offers or other Program communications; (b) any claim relating to products purchased using any Rewards obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Points. Notwithstanding the foregoing, any liability that we or they may have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Terms. Francesca's reserves the right to correct any errors in connection with the Program.
DISPUTE RESOLUTION: By participating in the Program, you waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration. "Dispute" as used in this paragraph means any cause of action, claim, case, and/or controversy of any kind arising out of or in any way related to these Terms and/or the subject matter of these Terms, including your participation in the Program. You expressly agree that any Dispute is personal to you, and any such Dispute will only be resolved by an individual arbitration and you will not bring or be a member in a class arbitration, a class action, or any other representative arbitration or judicial proceeding unless such agreement is prohibited by law.
If you and francesca's cannot resolve a Dispute through informal dispute resolution, either party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the nature and basis for the claim. The arbitration will be governed by the AAA's applicable Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the "AAA Rules"), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Dispute Resolution section, another arbitration provider shall be selected by the Parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, one shall be selected by a court that will administer the arbitration consistent with this Dispute Resolution section.
The parties shall be responsible for their own attorney's fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.
If for any reason a claim may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.
This dispute resolution provision shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Program and your relationship with francesca's. Any amendments to this dispute resolution provision shall not affect any then-active or pending arbitration proceeding.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF TEXAS), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST BEST BUY.
Any cause of action or claim you may have with respect to the Program must be commenced within one (1) year after the claim or cause of action arises or be barred forever. Francesca's' failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. These Terms constitute the entire agreement between you and francesca's with regard to the Program and matters addressed in these Terms. Neither the course of conduct between you and francesca's nor trade practice shall act to modify any portion of these Terms.
Changes: Subject to any requirements or limitations of applicable law, we may at any time for any reason add to, change, limit, or terminate the Program or these Terms. To the extent allowed by applicable law, (a) changes may apply retroactively, and may affect outstanding transactions and Points, and may result in you involuntarily forfeiting Points you have earned, and (b) changes will not affect issued or redeemed Rewards except to the extent allowed by applicable law.
Taxes: You are solely liable for any applicable taxes arising out of the accrual or use of Points or Rewards. Consult your tax advisor concerning such tax consequences.
Cancelling Program Participation: You may cancel your participation in the Program at any time by sending an email to our Customer Care Team at email@example.com or by calling Customer care at 1-800-980-1180. If you cancel your participation in the Program, you will no longer earn Points and you will forfeit your unused and unexpired Points. Your cancellation will not affect any previously issued Rewards unless you also close your Account.
For California Customers – Notice of Financial Incentive
Summary of the Program:
Rewards. As a member of the Program, you can earn Points on the dollars you spend and can receive a birthday present, if you provide francesca's with your birth month and date, that can be used to receive Rewards. Depending on your Tier level, you can earn a certain number of Points for each dollar spent on Net Eligible Purchases. For every 100 Points earned, you can earn one $10 Reward. Points can be used on any francesca's purchase, excluding gift cards and e-gift certificates. Points may be accrued on all Net Eligible Purchases, have no cash value, are not transferable, and are for promotional purposes only, without any money or other thing of value being given in exchange. Points are available to active members who have made a Net Eligible Purchase at least once in the twelve (12) months since the last Points were earned.
Material terms to the Program: The categories of personal information that are required to participate in the Program are: first name, last name, email address, and birth month and date (for birthday present eligibility). Membership in the Program is available to francesca's customers (age 18 or older) that reside in the United States who abide by these Terms. To receive Points in the Program, the phone number associated with your Account must be presented at the time of purchase, or the purchase must be made online while logged into your Account. Participation in the Program is subject to these Terms and any other terms and conditions, rules, regulations, policies, and procedures adopted by francesca's at any time.
Opt-in: To enroll in the Program, subject to the Program Eligibility requirements outlined above, you can join the Program in one of the following ways: In Boutique. Sign up at a register when you check out or ask a store associate to help you.
Right to withdraw from the Program: You have the right to withdraw from the Program at any time. You may cancel your participation in the Program at any time by visiting your Account at francescas.com.
Program participation gives benefits to our customers in the form of discounts and Rewards. The value francesca's derives from the Program is increased customer engagement, which benefits francesca's in a variety of ways, including increased customer feedback, building customer loyalty and customer retention. Based on current information available and based strictly on a calculation of the delta between average annual purchases by Program participants versus non-participants, the average value of the consumer's data collected in connection with the Program is a little over $7.04 per Program participant per year.
francesca's Messaging Terms & Conditions
By providing a mobile telephone number to francesca’s, you acknowledge that you are the owner or authorized user of the mobile telephone number provided and you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from francesca’s, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. francesca’s reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. francesca’s also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
While francesca’s uses best efforts to send any text messages before 8 p.m. and after 8 a.m., in your local time zone (as identified by the area code for your mobile telephone number), you acknowledge that messages may be delayed by events, systems, or other third parties outside of francesca’s control. Accordingly, by providing your mobile telephone number, you acknowledge and agree that you may receive text messages from francesca’s at any time, including between the hours of 8 p.m. and 8 a.m., local time.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. francesca’s, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that francesca’s and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from francesca’s through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email Customer Service at Customer.Service@francescas.com or call 1 (800) 980-1180.
This message program is a service of francesca’s, located at 8760 Clay Road Suite 100 Houston, TX 77080
a. General. In the interest of resolving disputes between you and francesca’s in the most expedient and cost-effective manner, you and francesca’s agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from francesca’s or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from francesca’s or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND francesca’s ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
b. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or francesca’s to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and francesca’s will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting francesca’s. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. If you or francesca’s intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). francesca’s address for Notice is: 8760 Clay Road Suite 100 Houston, TX 77080, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and francesca’s will make good faith efforts to resolve the claim directly, but if you and francesca’s do not reach an agreement to do so within 30 days after the Notice is received, you or francesca’s may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or francesca’s must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
e. Fees. If you commence arbitration in accordance with these Messaging Terms, francesca’s will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse francesca’s for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and francesca’s agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or francesca’s made within 14 days of the arbitrator's ruling on the merits.
f. No Class Actions. YOU AND francesca’s AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and francesca’s agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
g. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if francesca’s makes any future change to this arbitration provision, other than a change to francesca’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to francesca’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and francesca’s.
h. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
You agree to indemnify and hold francesca’s harmless to the extent that the mobile telephone number provided is not owned by you or you are not an authorized user of such telephone number, should the owner of the telephone number bring any claim or action against francesca’s related to text messaging because of your provision of the telephone number to francesca’s.
“Coupon Policy: francesca’s coupons are available on the francesca’s web site, the francesca’s email and SMS programs. Coupons are not available in francesca’s stores. Have more questions? Feel free to Contact Us. Limit one coupon per transaction. Limit one coupon of each type per day. Limited to stock on hand. Void where prohibited. EXCLUSIONS: Excludes gifts, books, Swig Life™, Corkcicle®, Capri Blue ®, What Do You Meme? ™, Australian Soap, Glamcor, Asobu, Spa Sciences, Pura, Capri Blue, Rifle Paper, Ban.do, W7 Cosmetics, Doughnut Brand, Camelia Beauty, Pura, Fujifilm, The Caker, Modern Marketing Concepts, Schylling, Lisse USA, My Mane Care, Vital Proteins, Safe to the People, Ramblin Brands, Ever Ellis, Sunnylife, Packed Party, Acutens, Levi’s, beauty, select shoes, and sneak peek styles. Team Members excluded. Francesca's policy and other terms may apply.”