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Charming Charlie Gift Card Terms and Conditions
The following Charming Charlie Gift Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to use of Charming Charlie Gift Cards that are purchased in store and online and 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. Issuer is also responsible for the operation and maintenance of the Card program. Issuer is the sole legal obligor to the Cardholder. 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 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/gift-card-balance/. 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 only for purchases of merchandise or services at Charming Charlie locations in the United States and at 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. No refunds are permitted with respect to Cards.
7. Lost, Damaged Or Stolen Card. The value of any lost, damaged or stolen Cards will not be replaced or replenished.
8. MANDATORY BINDING INDIVIDUAL ARBITRATION. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court.
You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
You and Issuer agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Charming Charlie LLC and its affiliates and related entities.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
B. ARBITRATION PROCEDURES Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process, Corporation Service Company, at 2180 South 1300 East, Suite 650, Salt Lake City, Utah, United States 84106.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Judgment on the award may be entered in any court of competent jurisdiction.
9. Limitation Of Liability. ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
10. Governing Law. The laws of the State of Utah, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.
11. Changes To Agreement. Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.charmingcharlie.com/customer-service/gift-cards.
12. Fraud. Issuer reserves the right to refuse to honor a Card where Issuer suspects that the Card was obtained fraudulently.