Luxury Shopping Terms Silver and Standard Members

Close

Diamond Luxury Shopping Program Terms and Conditions for Silver and Standard Members of THE Club®

Please review these Diamond Luxury Shopping Program Terms and Conditions for Silver and Standard Members of THE Club (“Terms and Conditions”) thoroughly, as well as all terms and conditions, policies and procedures supplied by the provider of any product or service offered through THE Club (“THE Club”) or by any third party administering the program ("Provider Terms"). By purchasing products and services through THE Club, you acknowledge and agree to be bound by these Diamond Luxury Shopping Program Terms and Conditions, any Provider Terms and the terms and conditions of THE Club. Additionally, you agree that it is your sole responsibility to inform any users of any product or service you purchased (“Member’s Guests”) of the contents of these Terms and Conditions and all applicable Provider Terms. THE Club is operated by Diamond Resorts International Club, Inc. (“THE Club Operating Company”).

MODIFICATIONS OF THE TERMS AND CONDITIONS

These Terms and Conditions are subject to change without prior notice at the sole discretion of THE Club Operating Company. If a conflict should exist between the terms of these Diamond Luxury Shopping Program Terms and Conditions and the Diamond Luxury Program Terms and Conditions, the terms of these Diamond Luxury Shopping Terms and Conditions shall control.

NO COMMERCIAL USE

THE Club purchases, transactions and benefits may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration.

DIAMOND LUXURY SHOPPING PROGRAM ADMINISTRATION

Products and services offered under the Diamond Luxury Shopping Program are administered by a third-party provider named International Cruise & Excursion Gallery, Inc., d.b.a. Our Vacation Center (“OVC”) under agreement with THE Club Operating Company. OVC is located at 15501 N. Dial Blvd., Scottsdale, AZ 85260. All products offered under the Diamond Luxury Shopping Program are shipped and supplied from third parties.

THE Club Operating Company disclaims all responsibility in connection with OVC or any third-party merchandise services, and OVC disclaims all responsibility in connection with the merchandise provider. Correspondence will originate from OVC.

PROVISION OF INFORMATION

All of the merchandise information including but not limited to pricing, descriptions, special offers and amenity information provided to you is based on information received from third party providers for your convenience. While OVC makes reasonable efforts to ensure that this information is accurate and complete, THE Club Operating Company expressly disclaims liability for inaccurate, incomplete, or misleading information.

AVAILABILITY

Merchandise offered under the Diamond Luxury Shopping Program is available for purchase via OVC as part of THE Club as a benefit for Silver and Standard Members. All merchandise provided under the Diamond Luxury Shopping Program is based on availability and not guaranteed until confirmation is received from OVC directly. OVC reserves the right to limit quantities.

CURRENCY, PRICES, SHIPPING AND POINTS USAGE

  1. Prices are in US Dollars, and offers are subject to availability, are accurate at the time of publication and may change up until the point of purchase due to rapidly fluctuating prices. The final total price including all applicable fees, shipping charges and taxes will be displayed upon reaching the checkout page.
  2. The Total Cash Price is the rate for the merchandise when there are Points being applied for up to a maximum twenty (20%) percent discount off the Sub-Total Price based on a $.20 USD per point redemption. 
  3. The maximum amount of points that can be applied towards the Total Cash Price is subject to the Member’s available balance and how many points of their total available balance they choose to apply at time of purchase.  The Total Cash Price cannot be combined or used with any other offers or promotions.  The percentage discount available on the applicable merchandise excludes all taxes, shipping, and additional supplier fees that may be applied. There is no minimum Points quantity that can be redeemed.
  4. The Points Value is calculated by taking the amount of points being applied and multiplying it by the $.20 USD point redemption rate.
  5. Sales Tax. OVC is required by law to collect and remit applicable sales tax to each state for all purchases, including shipping and handling charges. When applicable, sales tax will be automatically calculated during the online checkout process.
  6. Shipping and Handling. Merchandise may only be shipped to a valid United States address – this includes Hawaii, Alaska and the territories. Shipping and handling charges are automatically calculated after Member provides the "Ship To Address" information. OVC cannot ship to a PO or APO address. Merchandise items ordered together may not necessarily ship together. Please allow 2-4 weeks for delivery.  Some items may require longer delivery times. 
  7. Prices and Expiration. Except where otherwise noted, the displayed product list price on the Website may represent the full retail price suggested by the manufacturer and/or supplier; or may be estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured merchandise offered elsewhere. The product list price is a comparative estimate and may or may not represent the prevailing price in every area on any particular day. For certain merchandise that is offered as a set, the list price may represent an “open-stock” price, which is the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. All prices are subject to change without notice. In the event of an erroneously published price, OVC reserves the right to cancel the order.

PRODUCTS

All items are manufactured by independent suppliers. THE Club Operating Company, OVC and subsidiaries make no guarantees, warranties or representations of any kind, express or implied, with respect to independent suppliers’ merchandise, and shall not be liable for any loss, expense, accident, or inconvenience that may arise in connection with the use of the independent suppliers’ merchandise, or as a result of any defect in or failure of independent suppliers’ merchandise. A manufacturer's unforeseen product shortages or technical advances may necessitate the shipment of an updated product, or a different manufacturer's similar or updated product, each of which will be of equal or greater value than the merchandise ordered, at no additional cost. Model numbers are included on the product detail page and pertain to the merchandise shown, not the substituted merchandise. Model numbers may be unique to the website and may not match the manufacturer's retail model numbers. OVC attempts to be as accurate as possible, based on the information provided to OVC. However, OVC does not warrant that product descriptions or other content of the website is accurate, complete, reliable, current, or error-free. If merchandise received by Member is not as described, Members sole remedy is to return it in unused condition.

CANCELLATIONS AND RETURNS

  1. Cancellations. OVC cannot cancel an order once it is placed; the Member will need to take receipt of the item and then return it as per the procedures below.  Note that there may be charges incurred for returned merchandise.
  2. Returns. OVC selects the finest quality merchandise for your purchase. However, if you are dissatisfied with a merchandise purchase, you must return the merchandise in good condition, within ninety (90) days of purchase. OVC will gladly exchange the merchandise or issue credit to your credit card on file for returned merchandise. A re-stocking fee may apply and return freight charges are non-refundable for all returned merchandise. Merchandise purchased as a set may not be returned individually. To help OVC maintain quality standards and understand the reason for the return, OVC asks you to complete the return section on the packing slip, detailing the reason for the return and include your RMA Number.  The packing slip details the applicable return address to use. All returns should be shipped via Parcel Post or UPS Ground, include the packing slip and use the label provided. OVC will promptly process the return upon receipt. If you misplaced the packing slip, please include a note in the package with the following information: Member Name, address, order number and item ordered. Please allow a reasonable processing time to process the return and credit. In the rare event that merchandise is received damaged, please note the damage on all copies of the delivery receipt before signing. Retain a copy of the receipt, and contact OVC concierge immediately. All damages must be reported within 24 hours of receipt directly to OVC at 855-302-7787.
  3. Defective Merchandise. You may return to OVC any defective merchandise you receive. Upon such return, and in OVC’s sole discretion, either:

(a) The merchandise provider will exchange the defective merchandise for non-defective merchandise and all shipping charges on the returned item will be refunded; or

(b) No exchange will be issued, all Points used to purchase the merchandise will be reinstated, and the return policies of the merchandise provider will be applicable to the cash portion of the purchase price.

PAYMENT

The Diamond Luxury Shopping Program products and services may be purchased through OVC with any valid credit card. You may purchase products or services with a debit card that displays a Visa or MasterCard. Charges usually occur on the same business day, but they may take up to three (3) business days to be processed.  If there are any complications with your credit card or debit card transaction, OVC will make reasonable efforts to contact you, but OVC reserves the right (without refund or credit) to cancel your purchase if payment is denied by your financial institution. You will be responsible for any penalties assessed due to a payment being rejected by your financial institution. Additionally, OVC will assess a $25.00 USD fee per person if any transaction is denied by your financial institution; after payment has been taken, the fee is $50.00 USD per person. To make other payment arrangements, or if you experience technical difficulties with the website, please contact THE Club for assistance.

TRANSACTION FEES

There are no processing or transaction fees when purchasing merchandise with the Diamond Luxury Shopping program. THE Club Operating Company reserves the right to implement, modify or change its transaction fees from time to time, at its sole discretion without prior notice.

ADDITIONAL TERMS AND CONDITIONS
Silver and Standard Members of THE Club:

  1. Must have paid THE Club Dues in full, together with all association fees and taxes assessed on your vacation ownership that are not included within THE Club Dues owned, in order to request use of this Luxury Shopping Program.
  2. Cannot redeem points through the merchandise member benefit programs for reimbursement of the remaining cash element of the purchase.
  3. Will be able to use any available Diamond Dream Holiday, THE Club Combination and/or European Collection points towards this Diamond Luxury Shopping Program.
  4. Cannot buy points via the Diamond Flexibility or Value program to redeem against this Luxury Shopping Program.

LIMITATION OF LIABILITY

THE CLUB OPERATING COMPANY AND/OR OVC SHALL NOT BE LIABLE FOR AND DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS, OMISSIONS, AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE MERCHANDISE PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY or for any cause whatsoever due to delays, cancellations due to nature, oil spills, mechanical breakdownS, strikes, civil unrest, TERRORISM (OR THREAT OF TERRORISM) or acts of God.

THE CLUB OPERATING COMPANY’S AND/OR OVC’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE CLUB OPERATING COMPANY’S AND/OR OVC WILL BE LIMITED TO THE FEES PAID BY YOU TO THE CLUB OPERATING COMPANY AND/OR OVC FOR THE MERCHANDISE. IN NO EVENT WILL THE CLUB OPERATING COMPANY AND/OR OVC BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF THE SAME. THIS LIMITATION SHALL ALSO APPLY TO THE CLUB OPERATING COMPANY’S AND/OR OVC’S AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS.

GOVERNING LAW

These Diamond Luxury Shopping Program Terms and Conditions shall be governed exclusively by the laws of the State of Arizona, without regard to its Choice of Law provisions.

DISPUTE RESOLUTION POLICY

Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, processing or payment of any products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among you and OVC and/or THE Club Operating Company  and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Maricopa County, Arizona, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waive any venue or other objection to the arbitration proceeding taking place in Maricopa County, Arizona.  The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.        

            The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.  Either party may elect to participate in the arbitration telephonically.  The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.

            Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules.

            The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person.  The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis. 

            The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Maricopa County, Arizona.

            Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award.  Notwithstanding this Dispute Resolution Policy, OVC and/or THE Club Operating Company may, as necessary, apply to a court of competent jurisdiction in Maricopa County, Arizona to seek injunctive relief relating to the unauthorized use of our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks.  The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration. 

Judgment upon the arbitral award or decision may be entered by the Maricopa County Superior Court or the United States District Court for the District of Arizona, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.