Eberjey Direct Mail Offer Terms

SCOPE 

These Direct Mail Offer Terms ("Direct Mail Terms") apply to any promotional material that Eberjey distributes by physical mail or includes in a shipment, including postcards, letters, catalogs, mailers, inserts, and package inserts ("Direct Mail Materials"). 

2. HOW THESE TERMS APPLY 

These Direct Mail Terms apply to an offer where the Direct Mail Materials communicating that offer reference them. They are to be read together with our Terms and Conditions available at https://eberjey.com/pages/terms-and-conditions, incorporated by reference, and, where an offer relates to a membership or loyalty program, that program's terms. Our handling of personal information is described in our Privacy Policy and applicable state privacy notices. These Direct Mail Terms constitute specific offer terms for purposes of the Promotional Codes, Discounts and Offers section of our Terms and Conditions and control over that section to the extent they conflict. All other provisions of our Terms and Conditions, including those governing dispute resolution, arbitration, class action waiver, limitation of liability, and governing law, apply to the extent enforceable under applicable law. The applicable Direct Mail Materials may contain additional or different terms specific to an offer, including eligibility requirements, exclusions, purchase thresholds, expiration dates, participating products or locations, and redemption limitations. Those offer-specific terms control in the event of a conflict with these Direct Mail Terms. 

3. OFFER PERIOD 

Offers communicated by Direct Mail Materials are valid only through the expiration date printed on the mailed piece. For online offers, redemption must be completed by 11:59 p.m. ET on that date. For in-store offers, redemption must occur before the applicable store closes on that date. Expired offers will not be reinstated except at Eberjey's sole discretion. 

5. INTENDED RECIPIENT 

Offers communicated by Direct Mail Materials are personal to the customer to whom the mailing is addressed, are non-transferable, have no cash value, and may not be reproduced, sold, shared, or redeemed by any other person. Promotional codes, QR codes, and personalized links printed on Direct Mail Materials are for the addressee's personal use only and may not be photographed for distribution or posted publicly. Eberjey may deactivate or refuse to honor any code that has been reproduced, publicly distributed, transferred, or used in violation of these terms, subject to applicable law. 

6. REDEMPTION 

Redemption requires the promotional code printed on the mailed piece to be entered at checkout, or the QR code or personalized link printed on the piece to be used, as applicable. Unless otherwise stated in the applicable Direct Mail Materials, each offer is limited to one redemption per intended recipient. Any minimum purchase threshold must be met in merchandise value, excluding taxes, shipping, handling, gift wrapping, and monogramming. Gift-with-purchase offers require the qualifying item to be added to the cart at checkout and are available while supplies last unless otherwise stated. If the advertised gift becomes unavailable before redemption, Eberjey may substitute an item of equal or greater retail value, where permitted by law. If no substitute is available, Eberjey may discontinue the offer before redemption, subject to applicable law. 

7. COMBINABILITY 

Unless otherwise expressly stated in the applicable Direct Mail Materials, offers communicated by Direct Mail Materials may not be combined with other promotional codes, discounts, loyalty perks, employee or friends-and-family offers, or site-wide sales, and do not apply to previously placed orders, gift cards, third party items, monogramming, bundles, or final-sale merchandise. 

8. RETURNS AND ADJUSTMENTS 

If a return, cancellation, or price adjustment causes an order to no longer satisfy the requirements of an offer, Eberjey may, to the extent permitted by applicable law, adjust the refund to reflect the promotional benefit received. For a gift-with-purchase promotion, Eberjey may require return of the promotional item if this requirement was clearly disclosed before purchase in connection with the offer. If the promotional item is not returned, Eberjey may deduct from the refund the amount clearly disclosed before purchase in connection with the offer, to the extent permitted by applicable law. Refunds for purchased merchandise are otherwise issued based on the amount actually paid for the returned merchandise. 

9. ERRORS IN DIRECT MAIL MATERIALS 

Eberjey reserves the right, to the extent permitted by applicable law, to correct bona fide typographical, printing, production, or other inadvertent errors in Direct Mail Materials. If an offer contains a material error, Eberjey may, as permitted by applicable law and taking into account whether the offer has already been redeemed or relied upon, correct, cancel, withdraw, or reissue the affected offer. Nothing in this section limits any rights or remedies available to consumers under applicable law. Eberjey may elect to honor an erroneous offer in its discretion, and doing so does not require Eberjey to honor the same or a similar error in another instance. 

10. PRODUCTION AND DELIVERY 

Direct Mail Materials are produced and delivered by third party printers, mailing service providers, and postal carriers. Any in-home or delivery dates communicated are estimates. Eberjey does not guarantee delivery by any particular date and, to the extent permitted by law, is not responsible for delays, misdelivery, non-delivery, or damage caused by third-party printers, mailing service providers, postal carriers, or inaccurate or outdated address information. 

11. MAILING LISTS AND YOUR INFORMATION 

Postal addresses used for Direct Mail Materials may be obtained from information you provide to us, your account or transaction history, and, where permitted by applicable law, third-party sources. Our collection, use, and disclosure of personal information is described in our Privacy Policy and applicable state privacy notices, including, for California residents, our California Privacy Notice. You may ask to be removed from our mailing list at any time by contacting us at hello@eberjey.com or 305 635 0030. Removal requests are processed within a reasonable period and within any time required by applicable law, and materials already in production or in transit may still arrive. Opting out of physical mail does not change your email or text message preferences, which are managed separately. 

12. NO WAIVER 

Eberjey's decision to honor a particular offer, extend an expiration, or waive a requirement in one instance does not waive any provision of these Direct Mail Terms and does not obligate Eberjey to do so in any other instance. No such action will constitute a waiver or establish a course of dealing with respect to any other offer or customer. 

13. MODIFICATION 

Eberjey may modify these Direct Mail Terms or discontinue future direct mail offers at any time. Changes to these Direct Mail Terms will apply prospectively and will not materially alter the terms of an unexpired offer previously mailed, except to correct an error as provided in Section 9 or as otherwise permitted by applicable law. 

14. CONTACT 

Questions about a direct mail offer may be directed to hello@eberjey.com or 305 635 0030. Legal notices should be sent to legal@eberjey.com or World Threads Inc., d/b/a Eberjey, 1200 Ponce De Leon Blvd, Suite 802, Coral Gables, FL 33134.