Last Updated: April 07, 2020
These terms and conditions (“Gift Card Terms”) constitute a contractual agreement between you and “SomewhereWarm SMPC”
, a Woo Commerce Gift Card Extension Company (“Somewhere Warm”).
, and these Gift Card Terms. If you do not agree with these Gift Card Terms, do not purchase, use or accept the Gift Card. “Somewhere Warm” reserves the right to modify, alter, change or amend these Gift Card Terms from time to time in its discretion without advance notice. By accepting these Gift Card Terms you also agree to accept any such modifications to the terms and conditions, which shall be posted here
. The date of the last update to these Gift Card Terms is always indicated near the top of this page, and any change in such date shall constitute notice to you that the terms and conditions have changed.
IMPORTANT: These Gift Card Terms include resolution of disputes by arbitration instead of in court and a class action waiver.
PURCHASING AND REDEMPTION
You may purchase Gift Cards for variable amounts, as available, provided, that the balance on any Gift Card may not exceed $2,000. You may also not purchase more than $10,000 of Gift Cards in any single day. The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Card. SKORZIE reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge or other failures of consideration.
Gift Cards are redeemable solely for merchandise on the SKORZIE website and are not refundable or redeemable for cash, except to the extent required by law. In order to redeem a Gift Card, you must first create an account with SKORZIE (an “Account”). If an order exceeds the amount of the Gift Card, the balance must be paid with a payment method accepted by SKORZIE. Gift Cards cannot be redeemed for other Gift Cards or transferred to other Accounts once redeemed.
You may be able to obtain your gift card balance by contacting a SKORZIE representative at email@example.com
. The Gift Card balance relayed to you by a SKORZIE representative is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.
No fees apply to Gift Cards and Gift Cards never expire.
Gift Cards are not reloadable. Gift Cards may not be resold without SKORZIE’s express written authorization. A Gift Card is not valid and will not be honored, and SKORZIE will not be liable for the value of the Gift Card, if the Gift Card is obtained from an unauthorized seller or reseller, including through any Internet auction site.
RISK OF LOSS
SKORZIE shall not have any liability to you for Gift Cards that are lost, destroyed, altered, or used without your permission. SKORZIE may elect in limited circumstances at its own discretion to replace the remaining value of any lost, destroyed, or altered Gift Cards.
If we suspect that a Gift Card is obtained, used, or applied fraudulently, unlawfully, or otherwise in violation of these Gift Card Terms.
LIMITATION OF LIABILITY
SKORZIE AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD THAT HAS NOT BEEN FULLY REDEEMED IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND SKORZIE’S SOLE LIABILITY, SHALL BE FOR THE REPLACEMENT OF SUCH 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.
BINDING ARBITRATION AND CLASS ACTION WAIVER
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforce-ability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SKORZIE agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
The laws of the state of California, without regard to principles of conflict of laws, shall govern these Gift Card Terms and the use of your Gift Card.
Notwithstanding anything herein to the contrary, if any part of these Gift Card Terms is deemed invalid or inapplicable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. If such provision cannot be so modified or restricted, it shall be excised from these Gift Card Terms without affecting the validity, legality, or enforce-ability of the remainder of these Gift Card Terms, which shall be fully enforced.