Terms & Conditions

^*One discount per Lifetime Protection Plan (LPP) purchase. A valid email address must be provided to receive the discount promo code and expiration date of offer, which will be sent approximately 4 weeks after LPP purchase. Offer valid for at least 4 months from date of issuance. Cannot be redeemed on: Movado, Movado BOLD, Tissot, smart watches, online watch purchases, Diamond Events, charity items, customized items, loose stones, clearance, preowned jewellery, preowned watches, gift cards, specially priced items, repairs, warranties. Offer may exclude certain new items, designer brands and licensed or exclusive collections. Cannot be combined with any other offer or coupons. Promotions, pricing, styles and availability may vary by store and online. Purchase amount excludes taxes and shipping. Not valid on previous purchases. Your exclusive one-time discount code can be used either in-store or online.

Throughout this Plan, the word (1) "Plan" means this Lifetime Protection Plan; (2) "Merchandise" means the merchandise identified on Your sales receipt as protected by the Plan; (3) "Purchase Price" means the purchase price of the Merchandise as shown on Your sales receipt, excluding sales tax; (4) "We," "Us," and "Our" means Zale Canada Co. 9797 Rombauer Road, Dallas, Texas 75019, 1-800-211-2272, the party obligated to provide services to You under the Plan, an affiliate of the Retailer; (5) "You" and "Your" each refers to (a) the original customer who purchased the Merchandise protected by this Plan, and (b) the original receiver of the Merchandise, in the case of a gift; (6) "Protected Services" means the services that are provided under this Plan, as specified in the WHAT IS PROTECTED section below; (7) "Rules" means the arbitration rules of the ADR Institute of Canada Inc., currently available at www.adric.ca/rules-codes; and (8) "Retailer" means Peoples Jewellers, the retailer from which you purchased the Merchandise and this Plan.

You must (1) retain the original paid receipt for this Plan as proof of purchase of the Plan and for identification of the Merchandise, and (2) perform all maintenance required to keep the Merchandise in usable and wearable condition, and as provided by any instructions, warranties, or guarantees applicable to the Merchandise.

This Plan provides: (1) repair or replacement of the Merchandise if it fails (a) as a result of normal wear and tear during normal usage under the conditions for which it was designed or (b) due to a defect in materials or workmanship; (2) standard engraving services on the Merchandise; and (3) if the Merchandise is a ring, ring sizing up to two sizes up or down, provided that the design and materials of the Merchandise permit such sizing increase or decrease.

All repairs shall be completed by Us or by such other repair center of Our choice. We may make repairs with non-original manufacturer’s parts of like kind and quality. Due to the design or materials, some Merchandise may not allow for repair or ring sizing; however, that Merchandise may be eligible for a one-time replacement as outlined in the MERCHANDISE REPLACEMENT section below.

1. Repair or replacement of any diamond or other gemstone in the Merchandise;
2. Watches;
3. Special, indirect, incidental or consequential damages, no matter the cause, or whether such damages were foreseeable;
4. Loss of use during the period that the Merchandise is having Protected Services performed, including without limitation while the Merchandise is being repaired or awaiting parts or replacement;
5. If You purchase this Plan after You purchased the Merchandise, any and all preexisting conditions or damage to the Merchandise that occurred prior to the effective date of the Plan;
6. Damage resulting from failure to perform required maintenance to keep the Merchandise in a usable and wearable condition or as provided by any instructions, warranties, or guarantees;
7. Loss, theft, mysterious disappearance or damage resulting from loss, theft, or mysterious disappearance;
8. Misuse or abuse of the Merchandise;
9. Unauthorized repairs or alterations made by You (meaning any modifications, alterations, repairs, or service by anyone other than Us or a repair center authorized by Us);
10. Loss or damage due to the elements or acts of God;
11. Damage covered under any insurance policy, or other warranties or service plans applicable to the Merchandise;
12. Insignificant cosmetic damage that does not impede the functionality of the Merchandise;
13. Deluxe or image engraving or personalization;
14. Ring sizing in excess of two sizes up or down or sizing that requires replacement of the shank;
15. Service when no problem is found; and
16. Service to re-build or replace solely for the purpose of improving the Merchandise.

Our total obligation under this Plan in respect of a piece of Merchandise is limited to: (1) replacement of that Merchandise by us, or merchandise credit equivalent to the Purchase Price as outlined in the MERCHANDISE REPLACEMENT section below, or (2) the total value of all authorized repairs or services to that Merchandise which shall be limited to the Purchase Price. In the event that We have met either of the above conditions (1) or (2), We will have fulfilled all obligations owed to You under this Plan in respect of that piece of Merchandise, and this Plan will terminate in respect of that piece of Merchandise. Once our total liability is satisfied, You are responsible for any additional expenses for repairs, replacement, or other Protected Services no longer protected against under the Plan.

In addition, and without modification, to the Limitation of Obligations, in no event shall Our liability under this Plan exceed the Purchase Price, for or by any claims by You or any third party, for any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever, including any damages for business interruption, loss of use, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, tort (including negligence), any other theory of liability, or otherwise, and regardless of whether such damages were foreseeable and whether or not You, We or any third party were advised of the possibility of such damages.

You are not required to pay any deductible under the Plan.

If We cannot provide Protected Services for any reason, then We reserve the option to replace the Merchandise with similar merchandise or a merchandise credit equivalent to the Purchase Price, at Our discretion. Any replacement merchandise we provide You under the Plan will be new merchandise with equal or similar features and functionality, but We are not required to provide the same item as the replaced Merchandise. If We replace the Merchandise or provide a merchandise credit, then You must return the Merchandise to Us and such Merchandise shall become Our property. This Plan does not protect against any engraving or custom work on the replaced Merchandise, which You may have re-done to the new merchandise, including to any merchandise that You purchase with a merchandise credit, at Your expense.

Replacement merchandise, including any merchandise that You purchase with a merchandise credit, is not protected against under this Plan; however, You have the option to purchase a new Plan on the replacement merchandise.

To obtain service under the Plan, regardless of how this Plan was purchased, You must present the Merchandise and the original paid receipt for the Plan to any of Retailer’s locations in service as of the date of presentation.

The term of this Plan shall commence on the date this Plan is purchased as printed on Your sales receipt and shall continue for Your lifetime or until Our obligations under this Plan (described in the above section named “Limitation of Obligations”) have been satisfied, whichever is the first to occur. This Plan shall automatically terminate upon the first to occur of (i) the total value of all authorized repairs or services to that Merchandise being equal to the Purchase Price, (ii) Our replacement of the Merchandise or our providing You a merchandise credit equivalent to the Purchase Price, (iii) You using the Merchandise towards a trade-in or trade-up, or (iv) Your death. However, in the event of a termination of the Plan, You may have the option to purchase a new Plan on the replacement or new merchandise.

Cancellation by You. You may cancel this Plan for any reason at any time by visiting any of Retailer’s locations and requesting cancellation. If You request cancellation within thirty (30) days of the original purchase date of this Plan, then You shall receive a full refund of the purchase price of the Plan, less the value of any Plan services You received. If You request cancellation of this Plan more than thirty (30) days after the original purchase date of this Plan, then You will receive a pro-rated refund of the purchase price of this Plan (based on the assumed duration of the Plan, solely for cancellation purposes, of five (5) years), less the value of any Plan services You received. A ten percent (10%) penalty per full thirty (30) day period during which time the cancellation refund is not paid or credited to You shall be added to any cancellation refund not paid or credited to You by Us within thirty (30) days after the date of cancellation.

Cancellation by Us. We may not cancel the Plan within thirty (30) days of issuance, and we may only cancel it thereafter for reasons of non-payment, fraud or material misrepresentation by You. If we cancel this Plan, then We will send You a notice of cancellation at least thirty (30) days prior to cancellation. Such notice will specify the reason and the effective date of the cancellation. If We cancel this Plan, then You will receive a pro-rated refund of the purchase price of this Plan (based on the assumed duration of the Plan, solely for cancellation purposes, of five (5) years), less the value of any services You received under this Plan. If the Plan is cancelled, then no refund shall be payable.

Our obligations under this Plan are backed us and are not insured under a service contract reimbursement insurance policy. The purchase of this Plan is optional. THIS PLAN IS NOT AN INSURANCE CONTRACT.

This Plan may not be transferred from the Merchandise to any other piece of merchandise, or from You to anyone who purchases the Merchandise from You, and is only for Your benefit. All holders of this Plan are subject to the terms and conditions contained herein.

For the purpose of this arbitration agreement ("A.A.") only, references to "We" and "Us" also include Our parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors, and assigns.

Most of Your concerns about this Plan can be addressed by contacting Us at 1-800-211-2272. Where permitted by applicable law, in the event that We cannot resolve any dispute with You,, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION.

This A.A. shall survive termination of the Plan and shall be governed by the Rules. This A.A. shall be interpreted broadly, and includes any dispute You have with Us that arises out of or relates in any way to the Plan or the relationship between You and Us, whether based in contract, tort, statute, fraud, misrepresentation or otherwise. However, this A.A. does not preclude You from informing any federal, provincial or municipal government agencies or entities of your dispute.

To initiate arbitration, send a written Notice of Claim describing the dispute and the relief sought to: 9797 Rombauer Road, Dallas, Texas 75019 by registered mail. If We do not resolve the dispute within thirty (30) days of Our receipt of the Notice, then You may start an arbitration in accordance with the Rules.

The dispute shall be resolved by a single arbitrator. If You and We cannot agree on an arbitrator, then one shall be appointed in accordance with the Rules. The arbitrator is bound by the terms of this A.A, and shall decide all issues, except issues relating to enforceability of this A.A., which may be decided by a court. The arbitration will be conducted by submitting documents to the arbitrator, unless You request an in person or telephonic hearing and the arbitrator decides that a hearing is necessary or a hearing is required by the Rules. Unless otherwise agreed, any hearing will take place in the municipality of your mailing address. We will pay all filing, administration and arbitrator fees for any arbitration, unless Your dispute is found by the arbitrator to have been filed for the purpose of harassment or is patently frivolous. In that case, the Rules will govern payment of such fees.

The arbitrator shall issue a decision including a statement of facts and supporting law and the arbitrator’s decision will be final, without any right of appeal. If the arbitrator finds in Your favor and issues a damages award that is greater than the value of the last settlement We offered or if We made no settlement offer and the arbitrator awards You any damages, then We will pay You the amount of any damage award and pay the attorneys’ fees and expenses You reasonably incurred in the arbitration, if any. While that right to fees and expenses is in addition to any right You may have under applicable law, You may not recover duplicate awards of fees and expenses. In the event any damages award in your favour is less than the value of the last settlement We offered, then We will not be liable for any costs award and the arbitrator shall not have the jurisdiction to award costs of the proceeding to You.

If you seek declaratory or injunctive relief, then that relief can be awarded by the arbitrator only to the extent necessary to provide you relief.

YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING. Unless You and We agree otherwise, the arbitrator may not consolidate Your dispute with any other person’s dispute and may not preside over any form of representative proceeding. If this provision is found to be unenforceable, then it shall be severable from the remainder of the A.A. and this Agreement.

CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION OTHER REPRESENTATIVE PROCEEDING.This means that any dispute will be limited to disputes between You and Us alone. If this provision is found to be unenforceable, then it shall be null and void and shall be severable from the remainder of this Agreement.

The Plan shall be interpreted and construed under the laws of the Province of Ontario, except to the extent that certain provincial consumer protection laws apply. It is the express wish of the parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.

This document, and to the extent referenced in this document, Your sales receipt, together contain the entire agreement between the parties with respect to the Plan and no representation, promise, or condition not contained herein shall modify the terms of the Plan.

The merchant is required to read you the above text

The Consumer Protection Act gives a warranty on all goods you purchase or lease from a merchant.

The goods must be usable:

• for the purpose for which they are ordinarily used (section 37 of the Act) and
• in normal use for a reasonable length of time, which may vary according to the price paid, the terms of the contract and the conditions of use (section 38 of the Act).

For more information on this legal warranty, go to the Office de la protection du consommateur website at www.opc.gouv.qc.ca.