Using Your OAK+ Offers
1) Login & Shop As Usual
Login to your account then Shop and add things to your cart as always. As an OAK+ member, you’ll see exclusive pricing on your favorite items within the Members Only Collection.
2) Begin Checkout
Confirm you’re logged into your account and In the Billing Information section, be sure to use the same email address that you used to sign up for OAK+.
3) OAK+ Offers Automatically Apply
After you’re logged in, you will see your OAK+ offers available for you.
OAK+ Terms & Conditions
The terms and conditions set forth below ("Terms and Conditions") apply to OAK+ ("Membership Program"). These Terms are between you and Oak and Hearth, LLC. (together with its current and future affiliates and subsidiaries) ("we" or "us") and govern our respective rights and obligations. If you sign up for a OAK+ membership, you accept these terms, conditions, limitations and requirements.
A. Membership Payment
The fee for the Membership Program ("Membership Fee") is Twelve Dollars and Seventy-Four Cents (US $12.74) per month, plus any applicable taxes. Membership term is month-to-month from the date you or your gift giver (if you receive OAK+ as a gift) pay the Membership Fee.
MEMBERSHIP FEE IS NON-REFUNDABLE. IF YOU DECIDE TO CANCEL YOUR MEMBERSHIP, YOUR MEMBERSHIP WILL AUTOMATICALLY EXPIRE AT THE END OF YOUR MONTHLY TERM. YOU MAY TERMINATE THE MEMBERSHIP AUTOMATIC RENEWAL BY EMAILING OAKPLUS@OAKANDHEARTH.COM OR BY CALLING CUSTOMER SERVICE AT 1-702-420-7985.
We may, in our sole and absolute discretion, change the Membership Fee. If the Membership Fee changes, your membership will be valid for the remaining period of time applicable within the monthly membership term at the original Membership Fee amount paid.
All credit cards and debit cards can be used to pay for your membership. If the card we have on file for you that was used to pay for the membership is declined for payment of your Membership Fee, you must provide us a new card promptly or your membership will be canceled. If you provide us with a new card and are successfully charged, your membership period will be based on the original sign-up date and not the date of the successful charge. If you received your membership as a gift, please provide us your credit card or debit card through My Account at oakandhearth.com/account/login so that we will be able to process your renewal payment, otherwise your membership will be canceled at the end of your monthly membership term.
FOLLOWING THE INITIAL ONE (1) MONTH TERM OF YOUR MEMBERSHIP, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE (1) MONTH TERMS UNLESS YOU NOTIFY OAK & HEARTH OF YOUR DESIRE TO CANCEL YOUR MEMBERSHIP. YOU MAY TERMINATE THE MEMBERSHIP AUTOMATIC RENEWAL BY EMAILING OAKPLUS@OAKANDHEARTH.COM OR BY CALLING CUSTOMER SERVICE AT 1-702-420-7985.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE (CURRENTLY US $12.74, BUT SUBJECT TO CHANGE) AND ANY TAXES, USING ANY CREDIT OR DEBIT CARD WE HAVE ON RECORD FOR YOU. NEW JERSEY MEMBERSHIPS WILL AUTOMATICALLY RENEW WITHOUT FURTHER NOTICE.
WE AND OUR THIRD PARTY PAYMENT SERVICE PROVIDERS MAY REQUEST, AND MAY RECEIVE FROM YOUR PAYMENT CARD ISSUER UPDATED PAYMENT CARD INFORMATION, INCLUDING UPDATED PAYMENT CARD NUMBERS OR EXPIRATION DATES. IF WE OR OUR THIRD PARTY PAYMENT SERVICE PROVIDERS RECEIVE UPDATED INFORMATION, WE MAY USE THAT INFORMATION TO PROCESS PAYMENT FOR YOUR APPLICABLE MEMBERSHIP RENEWAL FEE. YOUR PAYMENT CARD ISSUER MAY ALLOW YOU TO OPT OUT OF THIS SERVICE. PLEASE CONTACT YOUR PAYMENT CARD ISSUER FOR MORE INFORMATION.
If you allow your Membership to expire and then re-enroll in the Membership Program more than sixty (60) days later, your new Membership Fee will be equal to the current Membership Fee for new Members.
B. Benefits and Limitations
The Membership Program is a paid membership program that, subject to these Terms and Conditions, provides members of the Membership Program ("Members") with the following benefits:
- Up to 70% off members only items found at www.oakandhearth.com during the month of membership (subject to certain exclusions in Sections C and D below).
- Access to Exclusive Items only available on www.oakandhearth.com during the month of membership (subject to certain exclusions in Sections C and D below).
- Priority Processing for every purchase made online at www.oakandhearth.com during the month of membership (subject to certain exclusions in Sections C and D below).
- Extended Replacement Warranty for every purchase made online at www.oakandhearth.com during the month of membership (subject to certain exclusions in Sections C and D below).
For Membership Program benefits to apply to a particular purchase, the membership must be active and available. Your membership will become active at the time of joining the Membership Program and its benefits can be applied to purchase(s) made after you become a Member. In order to take advantage of member benefits, you must complete your account creation, be logged into the store and select items from OAK+ Members Only collection.
Enrollment and participation in the Membership Program is voluntary, optional and not required to complete any transaction or sale.
Membership Program benefits will be assigned to the email address used at sign-up. You must provide a valid email address at sign-up and maintain a valid email address associated with the Membership Program. You may change the email address associated with the Membership Program by calling Customer Service at (702) 420-7553 or emailing email@example.com. This change will require processing time before it can be applied.
By signing up for a OAK+ membership You agree that You are opting in to receive email offers from us at the email address You provide.
Membership Program limitations include:
- Benefits are dependent upon inventory availability, and in some cases, the shipping address (see Sections C and D below).
- Benefits are limited to certain products per offer exclusions (see Sections C and D below).
- We reserve the right to accept or refuse membership at our discretion.
- We may send you email and other communications related to the program and your membership (regardless of any settings or preferences related to your account).
- Members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using these benefits.
- Membership Program benefits cannot be used in conjunction with any coupons or with any other prearranged discounts, unless specifically stated otherwise in the applicable coupon or discount.
- Membership Program is for individual consumers only and is not available to any company or corporate entity/enterprise.
- Without limiting the foregoing, the Membership Program benefits cannot be used in conjunction with employee discounts, preferred friends discount or corporate or institutional discounts.
- Membership Program is not available in Alaska, Hawaii, Puerto Rico, or internationally.
- From time to time, we may choose in our sole discretion to add or remove membership benefits.
C. Offer Exclusions
Cannot be combined with any coupon, Savings Certificate, special offer price match or other discount. Not valid for wholesale purchases, home and furniture installation services, shipping, delivery or gift cards; Company reserves the right to limit quantities. Valid only in the U.S.
Offer excludes the following:
Not valid on the purchase of alcoholic beverages. Additional online items excluded: PuraSafe, Veri Clean or power tools. Brand exclusions subject to change without notice; See www.shopoakandhearth.com/oakplus for most recent list and additional online only exclusions.
D. Free Shipping Exclusions
Free Standard Shipping with online purchase of most items (excluding Basket Items which are great value items that are expensive to ship alone). Basket Items are eligible for free shipping when purchased with a non-Basket Item or when multiple Basket Items are purchased and the total order price meets the free shipping threshold. Shipping surcharges on over-sized or extremely heavy items will still apply (these charges are indicated on the appropriate product information pages and will be displayed in the shipping subtotal of your order). Orders typically arrive within 8-17 business days. Items shipped directly from the vendor or to Alaska and Hawaii have longer delivery lead times. This offer does not apply to international, Puerto Rico or Business Direct orders.
Please note exclusions can change from time to time.
E. Agreement Changes
We may at our discretion change these Terms or any aspect of the membership. You will be provided with notice of any material changes to the Terms and you will be given the opportunity to cancel your membership prior to the time any material changes are effective with respect to your membership.
YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
F. Termination by Us
G. Limitation of Liability
FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “WE” INCLUDES OAK AND HEARTH,LLC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY OUR WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES FROM STATE TO STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
H. Force Majeure
In the event that either party is unable to perform any of its obligations under this Agreement as a result of natural disasters, actions or decrees of governmental bodies, communication line failures not the fault of the affected party, or any other delay or failure which arises from causes beyond a party’s reasonable control (hereafter referred to as a “Force Majeure Event”), the party whose performance has been so affected shall immediately give notice to the other party and shall do everything reasonably possible to resume performance. Upon receipt of such notice, those obligations that cannot be performed through commercially reasonable diligence shall be suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may by giving written notice terminate this Agreement.
I. - GOVERNING LAW
Use of this Site, membership in the OAK+ VIP Membership Program, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the Site, OAK+ VIP Membership Program and/or your Account, or products purchased through the Site shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Both you and the Company waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the OAK+ VIP Membership Program and/or your Account, or products purchased through the Site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
The jurisdiction and venue for any dispute shall be in Orange County, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms provide for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or the Company shall send a letter to the other side briefly summarizing the claim and the request for relief. If the Company is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Oak & Hearth, Attn: General Counsel, 22431 Antonio Parkway, B160844, RSM, California 92688. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of this Site, membership in the OAK+ VIP Membership Program, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the OAK+ VIP Membership Program, or products purchased through the Site shall be resolved by final and binding arbitration.
The arbitration shall take place in Orange County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing. In no event shall the parties be required to travel to Orange County to participate in the arbitration.
If you decide to commence arbitration, the provider will require you to pay a filing fee (which currently is $125 for claims under $10,000. If your filing fee is more than $125, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $125 base fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of the Company's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then the Company will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of setting up your Account, you must send a letter to Just Oak & Hearth, c/o Legal Department, 22431 Antonio Parkway, B160844, RSM, California 92688 that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms to the contrary, we agree that, if the Company makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to the Company's address), you may reject any such change by sending a letter to the Company within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
J. - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service in its entirety at any time by clicking here.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
K. Contact Information
If you need to contact us, please use the information below:
Oak & Hearth, LLC.
22431 Antonio Parkway, B160844
RSM, CA 92688
Phone: (702) 420-7553
K. Summary of Revisions from Prior Version
- Updating offer exclusions.
Explaining how we use membership information to protect against wrongful conduct.
Effective Date: 05/01/2020