1. Introduction. The Alfie service and application (“Alfie”) are offered by Sears Holdings Management Corporation and its affiliates (collectively, “Sears”, “we”, or “us”). Alfie lets you shop with the touch of a button or through the Alfie application. Alfie can also help you research various types of retail merchandise (“Merchandise”) and provide you with purchasing advice (“Advice”).
2.No Obligation. There is no obligation to purchase any Merchandise.
3.Participation. By using Alfie, you agree to these Terms and also agree we may contact you via the Alfie application.
4.Shop Your Way. Your account and use of Alfie is also subject to the Shop Your Way Membership Terms and Conditions, which can be found at www.shopyourway.com/help/policies/about-shop-your-way
5.Purchases. If you wish to purchase Merchandise, you will be required to complete a checkout page with your shipping and billing information. When you authorize a purchase, you are authorizing Sears to initiate a purchase of the Merchandise on your behalf.
6.Title. Sears does not take title to any Merchandise you order. Rather, title to the Merchandise and risk of loss will pass to you from the seller upon purchase.
7.Representations and Warranties. By using Alfie, you represent and warrant that: (a) you are at least 18 years of age, (b) all information that you provide to us is accurate, current and complete, (c) you will comply with all applicable laws, rules and regulations in using Alfie, any Advice, and any Merchandise purchased through Alfie and (d) you will access and use Alfie only in the United States.
8.Risk. Although we may provide Advice and recommend Merchandise to you when you use Alfie, you acknowledge and agree that this is just advice based on a variety of information available to us, and may be based on promotional considerations. The decision to purchase and use any Merchandise and responsibility for the Merchandise is yours alone. Any reliance on such Advice and any use of such Merchandise are solely at your own risk. Sears is not responsible for any acts or omissions of any other seller.
9.Merchandise Warranties. Because Sears purchases Merchandise on your behalf, manufacturer or other product warranties for the Merchandise may not apply to your purchase and may not pass through to you. Sears does not guarantee that any Merchandise that you purchase from third parties via Alfie will be covered under a manufacturer's warranty, and will not be liable for any failure of a manufacturer’s warranty to apply to your purchase. It is your responsibility to check with the manufacturer or seller to determine how purchasing any Merchandise through Alfie may impact any manufacturer’s warranty. You may have different or additional warranty rights under state law applicable to you, so the foregoing may not apply to you.
10.Damage, Exchanges and Returns. You are solely responsible for addressing any Merchandise defects, damage, problems, refunds, or exchanges directly with the seller of the Merchandise. Our Return Policy is set forth below.
11.Reservation of Rights/Our Right to Cancel. . Sears reserves the right not to provide the Alfie service or Advice to anyone for any reason. We also reserve the right to reject or cancel any Merchandise purchase request, or provision of the Alfie service at any time for any reason.
13.Termination. Sears reserves the right to modify or terminate the Alfie service at any time for any reason and may revise or amend these terms and conditions in its sole discretion at any time with or without notice. Any such amendment will be effective from the date of posting.
14.Miscellaneous. You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute of any sort that might arise between you and Sears related to the Service or these Terms. These Terms, which shall be deemed accepted by you upon your use of Alfie, constitute the entire agreement among you and Sears regarding use of Alfie. Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign or transfer your rights under these Terms, except with our prior written consent. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control. The parties are independent contractors and these Terms do not create an agency, partnership, or joint venture.
15.Arbitration. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND SEARS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THE ABILITY TO PARTICIPATE IN A CLASS ACTION. ALL DISPUTES BETWEEN YOU AND SEARS RELATING IN ANY WAY TO ALFIE, ADVICE, MERCHANDISE OR THESE TERMS WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT. If you intend to seek arbitration, you must first send to Sears, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to 3333 Beverly Road, Hoffman Estates, IL, Attn: Arbitration Intake and copied to Sears Holdings Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179, Attn: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration brought under, or with respect to, Alfie, Advice, Merchandise or these Terms is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Sears and you agree otherwise, the arbitrator may not consolidate more than one individual’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding. For arbitration claims you assert against Sears in accordance with this section (but not for any arbitration claim against you) Sears will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Sears will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST SEARS IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE SERVICE, ADVICE, MERCHANDISE OR THESE TERMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND SEARS. Sears or you may seek injunctive relief in any state or federal court in Chicago, Illinois, USA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Chicago, Illinois, USA for injunctive relief purposes.
Alfie RETURN POLICY
Any Merchandise you purchase through Alfie is from a seller with its own return policy. Please review each seller's return policy before authorizing a purchase through Alfie. Sears will identify that seller to you before you make any purchase. If you wish to return Merchandise, you must notify us at firstname.lastname@example.org and then follow the return instructions in the applicable seller’s return policy. EXCEPT WHERE SEARS OR KMART IS THE SELLER OF THE MERCHANDISE THAT YOU PURCHASED, THE SEARS AND KMART RETURN POLICIES DO NOT APPLY TO ANY PURCHASES MADE THROUGH THE SERVICE. PLEASE DO NOT RETURN ANY MERCHANDISE TO ANY SEARS OR KMART LOCATIONS.
Any refund from Sears to you is conditioned upon your full satisfaction of this return policy and the requirements of the seller's return policy. You are solely responsible for returning the Merchandise directly to the seller in accordance with the seller’s return policy. When you make your return, please be prepared to provide copies of your receipt. Once the return has been processed by the seller and Sears has received the refund related to such return, Sears will process a refund for you. Sears will not provide any refund unless and until Sears has received a refund from the applicable seller. Please note that you are responsible for any costs or fees charged by the seller for your return (e.g., shipping fees, restocking fees), which fees shall be deducted from any refund you receive from Sears. Some sellers may allow returns for in-store credit only or refunds via another method as stated on the seller's return policy. Exchanges may be processed as a return or pursuant to the seller's policy on exchanges, if any.