TERMS & CONDITIONS
MEMBERSHIP GLOSSARY OF TERMS
In these Terms and Conditions, unless clearly stated otherwise:
“Club 21” means Club 21 Pte Ltd, its subsidiaries and affiliated companies, its representatives and employees and any third party empowered by Club 21 to act on its behalf.
“Card” means The Club 21 Card issued by Club 21.
“Programme” refers to The Club 21 Card Programme.
“The Club 21 Card Programme” means the benefits and privileges offered by Club 21 to Cardmembers from time to time at Club 21’s absolute discretion, which shall include but not be limited to the Privilege Scheme, issuance of Cards, Club 21 Points or Redemption Vouchers.
“Cardmember(s)” means all Club 21 Cardholders whom have agreed, to all the terms and conditions, and registered to this Programme.
“Free Standing Boutiques” means standalone boutiques that are not within a department store.
“Bazaars, collectible stores, outlet stores and pop-up sales stores” refer to Club 21’s temporary sale location selling goods at discounted prices. Such sale locations may change as Club 21 determines from time to time.
“Club 21 Points” means the reward points which Cardmembers have accumulated in respect of their transactions at any Club 21 boutique.
“Rewards” means goods, services, benefits or other privileges as Club 21 may, at any time and at its absolute discretion, determine and which may be redeemed or obtained by the use of Club 21 Points under this Programme.
“Redemption Voucher” refers to third-party vouchers issued under the Programme for Cardmembers’ redemption using their Club 21 Points.
“Club 21 Redemption Dollars” refers to the conversion of Club 21 Points issued under the Programme for Cardmembers’ redemption at the point of purchase.
“Merchants” refer to any participating merchants, and external parties/organizations which are offering privileges and benefits to the Cardmembers in connection with the Programme.
“The Book of Privileges” refers to the user guide issued to all Cardmembers whose membership countries fall under Singapore, Malaysia, Thailand and Indonesia which contains information pertaining to but not limited to Cardmembers’ entitlement to privileges, benefits and discounts.
“Privilege Scheme” means any privileges or benefits as may be conferred from time to time by Club 21 and/or Merchants to the Cardmember under the Card. Unless clearly stated otherwise, any words or terms of reference defined in all other Club 21 documentation shall have the same meanings when used or referred to herein; and words referring to the singular shall encompass the plural and vice versa.
CLUB 21 CARD PROGRAMME ENROLMENT
To qualify as a Club 21 Cardmember, simply spend the qualifying amount on sale or regular-priced items in a single receipt or over three months at any Club 21 boutique in Singapore, Malaysia, Thailand, Indonesia, Hong Kong, Taiwan, online at club21global.com, SuperNature, Culina, COMO Dempsey – The Dempsey Cookhouse & Bar, Candlenut, Ippoh Tempura Bar by Ginza Ippoh and COMO Cuisine. For accumulated purchases, receipts must be within a three-month validity period from date of the first purchase, as indicated on the receipt.
The qualifying entry amount is based on a single receipt or an accumulated spend equivalent to 1,000 Club 21 Points. This is based on spend amounts for each point-of-sale as follows: Hong Kong – HKD 3,000; Indonesia – IDR 5,000,000; Malaysia - MYR 1,500; Singapore - SGD 500; Taiwan – TWD 25,000; Thailand - THB 12,500.
Application forms are available at all Club 21 boutiques. Customers may also apply online at www.club21global.com or through Club 21’s Mobile Application at www.club21global.com/mobileapp (currently available for Singapore and Thailand Cardmembers only).
Club 21 shall have the sole discretion to approve or reject any applicant as a Cardmember. Upon approval by Club 21 of any application to be a Cardmember, a Card will be issued to each applicant approximately four (4) weeks after receipt of a completed application form.
The Programme is currently valid in:
Club 21 boutiques in Indonesia, Malaysia, Singapore, and Thailand, Hong Kong, Taiwan and online at club21global.com; and may become available in other countries from time to time as offered by Club 21. The Rewards offered under the Programme may vary from country to country. Please refer to the individual country sites for specific details on the Programme.
Should a Cardmember choose to enroll in the Programme via the Website, the Cardmember’s country of membership is determined by the country selected for shipping. For example, if a Cardmember selects Singapore in its country selection, the Cardmember will automatically be enrolled under the Singapore Programme and the Cardmember’s participation in the Programme will be subject to the terms and conditions specific to the Singapore Programme.
If the Cardmember is an existing Cardmember who belongs to a different membership country from the country she is shopping on the Website, the Cardmembers’ membership status will remain under her existing membership country.
Should a Cardmember wish to change their country of membership, the Cardmember will need to contact the Customer Relationship Management (“CRM”) team of the country they are currently registered with.
The Card is a privilege card, and not a credit or charge card and must be presented before making a transaction. The Card is issued for use solely by the Cardmember, and shall not be transferable or assignable and is solely for the Cardmember’s personal use and benefit only. The Card shall only be used in respect of Rewards specified under this Programme and in accordance with the Terms and Conditions herein, and is not valid with other promotions, cards or discounts.
The current Programme implemented by Club 21 shall be valid unless earlier varied or terminated by Club 21 in accordance with these Terms and Conditions.
Without prejudice to any of Club 21’s rights or remedies, Club 21 may at any time, at its absolute discretion, and without giving any reason or notice, terminate this Programme or withdraw, cancel or invalidate any card, Redemption Vouchers, Club 21 Redemption Dollars, Reward and/or any Club 21 Points issued.
Club 21 reserves the right at its sole discretion to change Programme Rewards and guidelines at any time without being liable therefore in damages.
In the event of abuse or fraud in respect of the Card, Redemption Vouchers, Club 21 Redemption Dollars and/or Club 21 Points or in the event the Cardmember breaches any of these Terms and Conditions, Club 21 has the right to revoke and cancel the Card and withdraw all benefits and privileges or Club 21 Points conferred by the use of the Card without being liable therefore in damages.
Club 21 shall not be liable if it is unable to perform or fail to perform its obligations under these Terms and Conditions, where such delay or failure is caused by natural hazard and/or disaster, labour unrest, riot, civil commotion, lockout, fire, flood, earthquake, typhoon, war, acts of foreign enemies or perils of the sea or other perils and any cause or circumstance whatsoever beyond the control of Club 21.
In the event of a dispute arising out or in connection with transactions made with the Card under the Programme, the transaction records of Club 21 relating to this Programme shall be deemed conclusive and binding on the Cardmember. The decision of Club 21 on all matters relating to this Programme shall be final and binding on the Cardmembers and no correspondence will be entertained.
Privileges no longer apply upon expiry of the Cardmember’s Card.
These Terms & Conditions refer to the following additional terms, which also apply to your use of our site: Our Privacy Statement www.club21global.com/privacy/policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Club21 Card, you consent to such processing and you warrant that all data provided by you is accurate.
THE BOOK OF PRIVILEGES
Depending on the Cardmember’s country of enrollment, the Cardmember may be issued with the Club 21 Book of Privileges upon approval of Cardmembers’ application for a card. For Cardmembers who are not issued with the Club 21 Book of Privileges, a welcome folder will be issued with the Card. The terms and conditions are also available online at www.club21global.com and shall form part of the terms and conditions as listed in the Club 21 Book of Privileges and Club 21 may, at any time, at its absolute discretion and without giving any notice, alter or amend the terms and conditions stated. In case of any inconsistencies between the terms and conditions listed on the Club 21 Book of Privileges and www.club21global.com, the terms and conditions listed on www.club21global.com shall prevail.
RENEWAL AND REPLACEMENT
The Card will be valid until the expiry date printed on its face unless it has been reported stolen or missing or has been revoked, cancelled or terminated earlier. Club 21 may (but shall not be obliged to) at its sole discretion issue any Cardmember with a renewal Card and all Club 21 Points, Rewards, Club 21 Redemption Dollars, Redemption Vouchers in connection thereto shall be governed by these terms and conditions as may be amended from time to time.
Cardmembers shall take all reasonable precautions to prevent loss, pilferage, theft, or unauthorized use of the Card. The Cardmember will have to notify Club 21 immediately orally and in writing if the Card is lost, stolen, mutilated, not received when due or if the Cardmember suspects that the Card is being used by any other person. The Cardmember shall be liable for any unauthorized use of the Card to the extent permitted by law and shall indemnify Club 21 against any claims, losses or damage of whatsoever nature arising out of or in connection with any unauthorized use of the Card. If the Card has been reported lost or stolen and is subsequently retrieved, it must not be used. The retrieval of the Card that has been reported lost or stolen must be immediately reported to Club 21 and it must be cut in half and returned to Club 21 Pte Ltd.
If the Card is lost, stolen or mutilated, Club 21 may affect or impose an administration fee for the replacement of the Card and any subsequent replacements shall be subject to this General Terms and Conditions of Use. Cardmembers should immediately report any loss or stolen Cards to the applicable CRM department in writing, at any Club 21 Boutique, via fax or, email at the contact details provided above.
For our Singapore Card members, a service fee of SGD10 will be charged for replacement of the lost or stolen card.
For our Hong Kong Cardmembers, a service fee of HKD60 will be charged for replacement of the lost or stolen card.
For our Malaysian Cardmembers, a service fee of MYR30 will be charged for replacement of the lost or stolen card.
For our Taiwan Cardmembers, a service fee of TWD250 will be charged for replacement of the lost or stolen card.
For our Thai Cardmembers, a service fee of THB250 will be charged for replacement of the lost or stolen card.
For our Indonesian Cardmembers, a service fee of IDR100,000 will be charged for replacement of the lost or stolen card.
In the event the Cardmember wishes to terminate his/her membership to this Programme, the Cardmember may do so by notifying the applicable CRM department in writing, at any Club 21 boutique, via fax or email at the contact details provided above.
Replacement of Cards will not affect Club 21 Points, which Cardmembers have previously earned. Cardmembers will be able to retain their Club 21 Points and continue to accumulate Club 21 Points with their new Card, provided replacement is within expiration duration.
ISSUANCE OF CLUB 21 POINTS
Upon presentation of the Club 21 Card or logon as a Cardmember on the Website, all Cardmembers will earn points at 3% of the applicable transaction value for purchases, including end-of-season sale items, in Club 21 boutiques in Singapore, Indonesia, Hong Kong, Malaysia, Taiwan, Thailand, online at club21global.com, SuperNature Stores, Culina, COMO Dempsey – The Dempsey Cookhouse & Bar, Candlenut, Ippoh Tempura Bar by Ginza Ippoh, COMO Cuisine and COMO Shambhala Urban Escape, Singapore, and COMO Hotels and Resorts. This equates to two Club 21 Points for every US$0.70, SGD 1.00, MYR 30, IDR 10,000, THB 25, HKD 6, TWD 25, £0.45, AUD 1.00, BTN 45 spent.
Club 21 points will not be issued on purchases made using vouchers as payment, during Bazaars, at Club 21 Collectibles, any sale location and on purchases that are discounted at more than 60% off its retail price (regardless of purchase location), unless otherwise stated nor will it be issued on purchase of hampers, consignment items, promotion items, bulk buys and delivery charges at SuperNature Singapore stores.
Club 21 Points will be issued for qualifying purchases made upon membership approval. Club 21 Points shall be calculated on the net value of transactions (the amount payable in cash/credit, and after deduction of any promotional vouchers and Club 21 Redemption Dollars). For purchases from Club 21 boutiques in Hong Kong, Indonesia, Malaysia, Singapore, Taiwan and Thailand, Club 21 Points shall be calculated on the net value of transactions plus applicable local taxes, and Club 21 Points shall be credited to the Club 21 membership account on a daily basis. For purchases on the Website, Club 21 Points shall be calculated on the net value of transactions excluding any applicable shipping charges, and Club 21 Points shall be credited to the Club 21 membership account ten (10) calendar days after the purchases have been shipped. The value of all refunds and transactions using Club 21 Redemption Dollars will not be taken into account for the purpose of the calculation of Club 21 Points. For purchases from SuperNature, Club 21 Points shall be calculated on the net value of transactions plus applicable local taxes, excluding any additional delivery charges. For purchases from Culina Dempsey, Club 21 Points shall be calculated on the net value of transactions excluding any local taxes. For purchases from COMO Shambhala Urban Escape in Singapore, Club 21 Points shall be calculated on the net value of transactions plus applicable local taxes. For room stays and purchases made at any COMO Hotels & Resorts, Club 21 Points shall be calculated on the net value of transactions excluding all local taxes and duties, service charge and any 3rd party services engaged externally.
For purchases on the Website, Club 21 Points issued will be rounded down to the nearest point. Eg. For a nett transaction value of SGD$316.40, points awarded = (316.4 x 2) = 632.8 = 632 points. Points credited for purchases from the Website will qualify towards membership tier upgrade and/or renewal from the date that Points are credited to the Cardmember’s account.
All Club 21 Points accumulated in this Programme can be converted into Club 21 Redemption Dollars at any point in your membership period. Upon renewal of your membership, any unused Club 21 Points will be transferred back to your membership account at the latest membership tier. These transferred points will be eligible to be converted into Club 21 Redemption Dollars and is valid for the duration of the membership. If a Regular member has been downgraded to eMember, all unused Club 21 Points will be forfeited upon expiration.
Club 21 Points cannot be transferred to another Cardmember’s Account. Without prejudice to any of Club 21’s statutory rights, Club 21 may at its absolute discretion and at any time, without giving reason or prior notice, suspend the calculation and accrual of Club 21 Points, rectify any error in any calculations and make any adjustments they deem fit to said calculations.
A Cardmember may, subject to the terms and conditions herein and the respective qualifying Club 21 Points, select and redeem their accumulated points against any one or more Rewards, which may, at any time, be featured under the Programme. The mode of redemption shall be decided by Club 21 in its absolute discretion. Redemption of third party Rewards are currently available in Singapore, Malaysia, Thailand, Indonesia, Hong Kong, Taiwan and may be made available for other membership countries from time to time. Redemption for such rewards are subject to applicable terms and conditions which may be imposed by third party vendors of Club 21.
Cardmembers will receive a statement of account once every two (2) months, and the frequency of statements may be varied from time to time based on the membership country. All Club 21 Points earned are non-transferable and not exchangeable for cash or credit. Club 21 Points which have been successfully redeemed, cannot be refunded or transferred back to any Card Account.
Club 21 reserves the right to adjust any Club 21 Points in connection with any Cardmember’s Card. In the event of any dispute, Club 21’s decision is final and conclusive.
ISSUANCE OF CLUB 21 BIRTHDAY DOLLARS
With effect from 1 August 2013, Classic, Prestige and Elite Cardmembers in Singapore and Thailand will be credited with Club 21 Birthday Dollars in their respective local currency. This has taken effect in Indonesia and Malaysia from 1 September 2013 and for Hong Kong and Taiwan, effective from March 2014. The Club 21 Birthday Dollars shall replace the physical birthday vouchers which were previously issued to Cardmembers.
Club 21 Birthday Dollars will be credited during the Cardmember’s birthday month and will have a validity of two (2) months. The Cardmember can use the Club 21 Birthday Dollars on regular or sale items, and it can only be used within their local country of membership
Club 21 Redemption Dollars
Club 21 Redemption Dollars may be used in conjunction with member discounts. Club 21 Redemption Dollars can be redeemed instantly for purchases made online at club21global.com or at any Club 21 boutique. Instant Redemption can only be executed if the Cardmember is present. Club 21 Redemption Dollars are displayed in the local currency where the purchase was made. The conversion of Club 21 Points to Club 21 Redemption Dollars is rounded down to the nearest dollar.
Club 21 Redemption Dollars may only be used on regular-priced items at Club 21 boutiques, online at club21global.com, SuperNature, Culina, COMO Dempsey – The Dempsey Cookhouse & Bar, Candlenut, Ippoh Tempura Bar by Ginza Ippoh, COMO Cuisine and COMO Shambhala Urban Escape, Singapore, and COMO Hotels and Resorts, unless otherwise stated.
All Club 21 Points can be redeemed to the last possible dollar available in accordance to the local currency where the Instant redemption is made. The Cardmember will need to have a minimum of a dollar equivalent in the local currency before an instant redemption request can be made.
If the Cardmember chooses not to consume all their available Club 21 Redemption Dollars, the balance dollar amount will be converted back to points and rounded down to the nearest point.
Instant redemption is not valid for use during sales, in conjunction with any other promotions, with the use of promotion or bank vouchers (unless otherwise stated), at Club 21 Collectibles, any sale location, at store-in-stores in Hong Kong, Indonesia and Singapore and on consignment and selected products.
Club 21 Birthday Dollars
Club 21 Birthday Dollars may be redeemed instantly for purchases made at any Club 21 Free Standing Boutique within the issuing country. They are not valid for use regionally, at Club 21 Collectibles, any sale location and at store-in-stores in Hong Kong and Indonesia.
Club 21 Redemption Dollars reflected in the point-of-sale, are accurate up to the preceding day only. Club 21 Points earned on the same day purchases will not be converted into Club 21 Redemption Dollars immediately.
For purchases made at Club 21 boutiques, if an item was paid in part with Club 21 Redemption Dollars and the Cardmember seeks a refund/return of the item, the value of the Club 21 Redemption Dollars will be part of the value returned in a credit note. If the item was paid in full with Club 21 Redemption Dollars, the Cardmember will be returned the equivalent Club 21 Points value in the Cardmember’s account. For online purchases, if the returned item was paid fully with Club 21 Redemption Dollars, the Cardmember will be returned the equivalent points value in the Cardmember’s account. If the returned item was paid with both Club 21 Redemption Dollars and credit card, the Cardmember will be refunded up to the amount of the credit card payment and the remaining amount will be refunded as Club 21 Points into the Cardmember’s account, depending whether the item returned was a Regular-priced item or a Sale item.
Club 21 may offer from time to time, redemption of Rewards with third-party Merchants in the form of Redemption Vouchers. Redemption Vouchers shall be issued in the name and customer number of the Cardmember (as stated in the application form), and shall specify the rewards as selected by the Cardmember, and redemption is limited to the Cardmember.
The use of the Redemption Voucher in exchange for the rewards selected by the Cardmember must be accompanied with card bearing the Cardmember’s name and ID.
To redeem the Rewards, the Cardmember must present the valid Redemption Voucher(s) as proof of eligibility to the relevant Merchants. For purchases exceeding the value of the Redemption Voucher, the Cardmember is liable to charge the difference to his/her credit/charge card or make up the difference in cash.
There shall be no refund, in any form, whatsoever, if the value of the goods and/or services requested is below that of the Redemption Vouchers.
Multiple Redemption Vouchers may be used for the redemption of Rewards in one transaction, unless otherwise stated. In all cases where Redemption Vouchers are used in exchange for rewards provided by the Merchant(s), the Cardmember shall comply with all the terms and conditions stipulated by the Merchant(s).
A Reward, which has been redeemed, cannot be refunded or exchanged for cash or kind, Club 21 Points or Club 21 Redemption Dollars or for another Reward or for any other merchandise. All Rewards are subject to availability.
All Rewards must be taken as given and collected in the country where the membership card is issued. Cardmembers must agree to abide by the rules and regulations governing acceptance of the Reward prior to accepting.
The redemption and use of a Redemption Voucher is subject to availability of the privileges and benefits stated under the Redemption Voucher. If the Merchant is, for any reason, unable to supply the privileges or benefits stated in the Redemption Voucher or under the Privilege Scheme, the Merchant may in its absolute discretion supply alternative privileges or benefits of similar quality and price or withdraw the said privileges and benefits. Club 21 may also, in its absolute discretion, at any time and from time to time without prior notice, vary the Rewards featured or substitute any reward with another of similar value and to withdraw or vary the privileges and benefits under the Programme. For holiday Rewards, any additional meals, transportation or accommodation arrangements made in connection with any such Rewards will be the sole responsibility of the Cardmember.
For the use of dining vouchers issued by the Merchants, Cardmember shall inform the relevant Merchant in advance of his/her intention to use the said vouchers, quoting his/her name and Customer number. Please note that the issuance of the dining voucher does not constitute a reservation and dining is subject to availability.
Each Cardmember acknowledges that any dealings with any Merchant shall be strictly between the said Merchant and Cardmember only and each Cardmember agrees that Club 21 shall in no way whatsoever be responsible for any loss, cost, damage or expense suffered by the Cardmember in respect of: Any failure, act and/or omission, or default on the part of any Merchant to supply any rewards, products and/or services, privileges and benefits whatsoever under the Programme. Any or all aspects of the products or services provided under this Programme supplied by the Merchants or third party operators, service provider or suppliers, if any, engaged by Club 21 as participating Merchants under the Programme to provide such rewards.
Unless otherwise stated, all Rewards including Redemption Vouchers must be collected at Club 21’s designated boutiques or Club 21 offices in the respective membership countries at the addresses listed above. The Redemption Voucher must be utilised by the dates stipulated in the Redemption Voucher. No extension will be granted.
Club 21 is unable to replace a lost, stolen or damaged Redemption Voucher or exchange a Redemption Voucher for another.
Each Cardmember shall fill up and submit a redemption form (“Redemption Request”) to redeem the third party Rewards. All such forms shall be processed on the following working day after submission of the completed redemption form. Cardmembers may also make a Redemption Request online at www.club21global.com or through Club 21’s Mobile Application at www.club21global.com/mobileapp (currently available for Singapore and Thailand Cardmembers only). Eligibility for redemption of the rewards is subject to sufficient Club 21 Points accumulated and the availability of the Third Party Rewards.
The period for processing a Redemption Request varies from country to country, please check with the local CRM department for details, unless otherwise stated.
Club 21 collects personal information such as your name, email address, birth date, gender, address, contact information, occupation, credit card and other payment information, and personal interests and preferences (“Personal Information”) when you:
1. Apply to be a registered user of the Website;
2. Apply to be a Club 21 Card Member;
3. Visit the web pages on the Website that can be accessed without the need for registration;
4. Conduct any Online Shopping;
5. Make an online purchase through the website of our third party service provider, or such other service provider we may use from time to time
6. Enter promotions or contests that are available to you without having to be a registered user of the Website;
7. Subscribe to our mailing list for either email subscription or postal promotions; and
8. Submit a comment, question or feedback to us using a “Contact Us” or similar feature on the Website, send us an email, or in any other way, submit Personal Information to us via the Website.
Club 21 also automatically receives and records information from your browser on our server logs including but not limited to your Internet protocol address, cookie information and the page you requested. Should you wish to delete any cookies that are already on your computer, please refer to the help and support area on your Internet browser for instructions on how to locate the file or directory that stores cookies.
Club 21 uses the Personal Information:
1. To facilitate your access to the Website or your Online Shopping;
2. To register you as a Club 21 Card Member;
3. To send communication regarding any ongoing promotions or Club 21 news;
4. To customize and personalise the content of the web pages that you see;
5. To fulfill your requests for Online Shopping; and
6. To evaluate your preferences and facilitate future works on the Website.
In order to provide the above services to you, Club 21 may share your Personal Information with our subsidiaries and affiliated companies worldwide or third-party service providers who are employed to perform functions such as marketing, payment, fulfilment and delivery of orders. These service providers are subject to confidentiality obligations and may only use the Personal Information to perform the necessary functions and not for other purposes. Where there is a legal obligation to do so, Club 21 may also disclose the Personal Information to any relevant regulatory body or pursuant to a court order.
Your Personal Information will not be sold, transferred or otherwise conveyed to unaffiliated third parties or third parties who are not service providers without your approval at the time of collection. At such point of collection, you shall have the opportunity to indicate whether you would like to "opt out" of receiving promotional and/or marketing information from Club 21 and its related companies and associated companies. You may also choose to unsubscribe to our mailing list at any time by clicking the “Unsubscribe” button in the email or sending an email to the applicable CRM department or in writing to us. Your request for us to cease sharing your Personal Information with other entities for marketing purposes will only take effect as soon as practicable from the date we receive your request.
Your Personal Information will be retained for as long as it is necessary to fulfill the purpose for which it is collected or in accordance with applicable laws. Should you choose to unsubscribe from our mailing list or should your Club 21 Card Membership expire, please note that your Personal Information will still be retained on our database although we will cease to send you any further communications.
To help ensure that your shopping experience is safe, simple and secure, Club 21 uses Secure Socket Layer (SSL) technology. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
You may review and amend your Personal Information at any time by signing into your account and selecting “Update Profile”, or by contacting the applicable CRM department.
These Terms and Conditions shall be governed by, and shall be construed in accordance with the laws of Singapore and the Customer agrees to submit to the jurisdiction of the Singapore courts. Where these Terms and Conditions have been translated into other languages for your reference, please note that in the event of any inconsistencies, the English version of the Terms and Conditions will prevail.