GIFT CARD TERMS & CONDITIONS
To check the balance of your gift card: visit us at: www.charmingcharlie.com/gifts/gift-cards.
If you do not have internet access, you may call 1-888-675-2275 to check the balance of your gift card.
The following Charming Charlie Gift Card Terms and Conditions (“Agreement”) describe the terms and conditions that apply to use of Charming Charlie Gift Cards that are purchased in store, online, or from a third party partner, that are given as an allowance or appeasement, or that are given as store credit in exchange for merchandise returned without a receipt (collectively, “Cards”). This Agreement is between you, the Cardholder, and Charming Charlie USA Inc. (“Issuer”). By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card. IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court.
1. About Your Card. The Cards are issued by Issuer. Issuer is an affiliated entity of Charming Charlie LLC and is authorized to issue the Cards. Charming Charlie LLC and its affiliates and related entities (other than Issuer) bear no responsibility or liability for any Cards, and you hereby knowingly release Charming Charlie LLC and its affiliates and related entities (other than Issuer) from any and all liability or claims of any nature whatsoever arising in connection with the Card. Cards can be purchased in store or online at www.charmingcharlie.com or by telephone at 1-888-675-2275. Cards may also be provided to you as store credit in exchange for merchandise returned without a receipt.
2. Balance Inquiry. For balance inquiry, call 1-888-675-2275 or visit www.charmingcharlie.com/gifts/gift-cards. The balance you receive when inquiring over the telephone or online is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
3. Expiration/Deactivation. Cards do not expire. No fees for inactivity or service fees apply. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
4. Redemption. Cards are redeemable up to the balance of the Card only for purchases of merchandise or services at Charming Charlie locations in the United States and at https://www.charmingcharlie.com. Cards are not debit or credit cards. Cards have no cash value and may not be redeemed for cash, except as required by law. Cards are not redeemable to purchase another Card or towards previously purchased goods or services.
5. Reloadable. Cards may be reloaded with value.
6. No Refunds. All sales of Cards are final and cannot be returned. No refunds are permitted with respect to Cards.
7. Lost, Damaged or Stolen Card. Cards will not be replaced or replenished if lost, damaged, stolen, or used without authorization.
8. Agreement to Arbitrate. Any dispute between you and Issuer concerning or relating to the Cards shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be administered exclusively by the American Arbitration Association (the “AAA”). The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held and the award shall be deemed to be made in Harris County, Texas, United States of America, or such other place agreed to by the parties. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.
9. Prohibition of Class and Representative Actions and Non-Individualized Relief. WITH RESPECT TO DISPUTES RELATED TO THE CARDS, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CARD HOLDERS.
10. Severability. If any portion of this Agreement shall be deemed invalid, void, or for any reasons unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
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