SOCIETY6 E-GIFT CARD TERMS AND CONDITIONS
REDEMPTIONThe order total includes the price of product(s), sales tax (if applicable), shipping charges, and any other charge reflected in the applicable order total. If the order total is more than the e-Gift Card amount, the remaining balance must be paid with another payment method. The e-Gift Card balance will immediately be reduced by the order total. Upon redemption, any unused balance on the e-Gift Card will be available for future eligible purchases. e-Gift Card purchasers and users must be 18 years of age or older.
LIMITATIONSe-Gift Cards cannot be used to purchase other e-gift cards. e-Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Promotion codes or other discounts cannot be used to purchase e-Gift Cards.
RISK OF LOSSThe risk of loss and title for e-Gift Cards passes to the purchaser upon our electronic transmission of the e-Gift Card to the email address provided at the time of purchase, or our delivery to the carrier (if applicable). Society6 is not responsible if any e-Gift Card is lost, stolen, destroyed or used without your permission.
EXPIRATIONe-Gift Cards do not expire and no service fees will be assessed for non-use.
RETURNSThe e-Gift Card may not be returned or cancelled after purchase. If you return product originally purchased with an e-Gift Card, any refund will be returned to the applicable e-Gift Card. If you return product originally purchased with multiple methods of payment, any balance owed will first be applied to the alternative payment method, up to the original amount charged, and then to the e-Gift Card.
FRAUDSociety6 reserves the right to refuse, cancel or hold for review e-Gift Cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination, or for other violations of e-Gift Card policies.
COMPLIANCE WITH LAWBy purchasing an e-Gift Card, you are representing to Society6 that the activities in connection with which the e-Gift Card will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, including the Terms and Conditions that govern the Society6.com web site, currently located at https://society6.com/help/terms. In addition, you agree to defend, indemnify and hold harmless Society6 from and against any claims, expenses or liabilities made against or incurred by it in connection with the use of an e-Gift Card or violation of any of these Terms and Conditions.
LIMITATION OF LIABILITYSOCIETY6 MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO E-GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT AN E-GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH E-GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN NO EVENT WILL SOCIETY6’S LIABILITY IN CONNECTION WITH ANY E-GIFT CARD EXCEED THE APPLICABLE VALUE OF SUCH E-GIFT CARD.
DISPUTESAny dispute or claim relating in any way to e-Gift Cards will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these e-Gift Card terms and conditions as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA’s Supplementary Procedures for Consumer‐Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1‐800‐778‐7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
ACCEPTANCE OF THESE TERMS AND CONDITIONSYour purchase or use of an e-Gift Card constitutes acceptance of these Terms and Conditions. These Terms and Conditions are subject to change from time to time in our discretion. We may assign these Terms and Conditions to a third party at any time without notice to you.
Last updated: 6/18/2014