chicago bloom gift certificate/card terms:
By purchasing, accepting or using the Chicago Bloom Gift Card in physical or digital form ("Gift Card") and in consideration for your right to use the Gift Card, you agree to be bound by these terms and conditions (the "Terms and Conditions") and the terms and conditions contained in the terms and conditions page at www.ChicagoBloom.com (the "Chicago Bloom User Agreement").
In these Terms and Conditions, "you" and "your" means the cardholder who has purchased or received a Gift Card. "We" or "our" means Chicago Bloom Gift Card Services, Inc., and Chicago Bloom Inc., as applicable. The terms and conditions of the Chicago Bloom User Agreement are incorporated herein by reference. Please be advised that the Chicago Bloom User Agreement contains provisions that govern how claims you and we have against each other are resolved (see section entitled "Legal Disputes" in the Chicago Bloom User Agreement). It also contains an arbitration agreement section entitled "Agreement to Arbitrate", which will, with limited exceptions, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the arbitration agreement (see the "Legal Disputes" provision in the Chicago Bloom User Agreement). In the event of any conflict between these Terms and Conditions and those contained in the Chicago Bloom User Agreement, these Terms and Conditions shall prevail.
Redemption1. You must have an Chicago Bloom account with a registered address in the U.S., and a U.S. shipping address to redeem the Gift Card. If you attempt to circumvent this or any of these Terms through technical means or otherwise, Chicago Bloom may, in its sole discretion take steps to cancel your transaction, freeze gift card funds to prevent redemption and/or terminate your Chicago Bloom account. For security purposes, you may be required to enter credit card or bank account information to open an Chicago Bloom account.
2. You may be required to have a PayPal account for certain transactions. Use of your PayPal account is subject to the PayPal User Agreement.
3. Invalid or unidentifiable Gift Card numbers will not be redeemed.
4. As a security feature, upon first use the Gift Card (including funds on the Gift Card) links to the Chicago Bloom account associated with the Gift Card's first use and becomes non-transferable. 5. The Gift Card may only be used for purchases on the Chicago Bloom Store Front.
6. It is important that you track the Gift Card balance.
Restrictions1. The Gift Card is not refundable or redeemable for cash or credit, unless required by law.
2. The Gift Card may be used to make purchases only up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by law.
3. If you want to use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.
4. The Gift Card may not be used to pay Chicago Bloom service fees. The Gift Card also may not be used to buy Chicago Bloom Gift Cards, third party gift cards, gift certificates, coupons, coins, paper money, virtual currency, or items generally considered to be "bullion" (for example, gold, silver, and other precious metals in the form of coins, bars, or ingots).
5. No more than a total of $1000 in Gift Cards may be redeemed per day, and no more than a total of $1500 in Gift Cards may be redeemed per calendar month. Further, you may only redeem a maximum of four Gift Cards in any single transaction (and fewer if you are redeeming Gift Cards in combination with other redemption codes, such as coupons or vouchers).
6. The Gift Card is not redeemable outside the U.S. or its Territories. Disclaimer of Warranties Limitation of
Liability1. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE CHICAGO BLOOM USER AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARD OR ANY PURCHASES MADE WITH THE GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
2. IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN THE CHICAGO BLOOM USER AGREEMENT, YOU AGREE THAT WE AND OUR RESPECTIVE AFFILIATES SHALL HAVE NO LIABILITY FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE AFFILIATES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY (B) ANY CIRCUMSTANCES BEYOND OUR CONTROL (C) THE USE OF THE GIFT CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE (D) THROUGH NO FAULT OF OURS, YOUR NOT HAVING SUFFICIENT FUNDS ON A GIFT CARD TO COVER A TRANSACTION OR (E) INABILITY TO USE A GIFT CARD BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY. YOU AGREE THAT WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE. The laws of certain states or other jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you. NOTWITHSTANDING THE FOREGOING AND THE DISCLAIMER OF WARRANTIES IN THE CHICAGO BLOOM USER AGREEMENT AND IN SECTION 11 OF THESE TERMS AND CONDITIONS, IN THE EVENT THAT WE OR OUR RESPECTIVE AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT LOADED ONTO YOUR GIFT CARD.
General Terms
1. The funds on the Gift Card do not expire. An Annual Fee of $5.99 maintenance fee is applicable to all gift cards.
2. Protect the Gift Card like cash. Lost, stolen or damaged Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law.
3. We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card and freeze any associated Gift Card funds if we suspect fraud, unlawful activity or improper Gift Card use. You agree that you will not use a revoked Gift Card.
4. The Gift Card is not a credit, debit, or charge card. No implied warranties attach to it.
5. Use of the Chicago Bloom services is subject to Chicago Bloom's User Agreement. Gift Card users must be 18 years of age or older.
6. The Gift Card is issued by Chicago Bloom Gift Card Services, Inc., an Illinois corporation, which reserves the right to change the terms of the Chicago Bloom Gift Card program or amend these Terms and Conditions at any time or to contract with a third party to administer this program. Any amendment to the Terms and Conditions will be effective when posted on www.ChicagoBloom.com
7. We may assign these Terms and Conditions at any time without notice to you. However, if we assign the Terms and Conditions, the Terms and Conditions will remain substantially the same unless you are notified. =============================================================addendum
1. Chicago BLOOM GIFT CARDS and Certificates: The following provisions govern the offering of Gift Cards (as defined below) by Chicago Bloom and are an integral part of the Chicago Bloom Terms and Conditions that can be found at www.ChicagoBloom/Terms
1.1 Purchasing Gift Cards. Chicago Bloom offers gift cards (“Gift Cards”) that can be purchased and redeemed through the Chicago Bloom store. You must have an Account with Chicago Bloom to purchase or redeem Gift Cards purchasing or redeeming Gift Cards constitutes acceptance of the Chicago Bloom Terms and Conditions. Unless expressly stated otherwise, Gift Cards will be provided by Chicago Bloom in electronic form only.
1.2 Redeeming Gift Cards. Gift Cards may only be redeemed through the Chicago Bloom store and may not be redeemed towards previous purchases. Every purchase made with a Gift Card (plus any applicable shipping/handling fees, taxes, and other fees that may apply) is deducted from the Gift Card balance and any unused Gift Card balance will remain on the Gift Card account. Gift Card balances will be used against the total order placed on the store and not against specific items of such order. If any purchase exceeds the Gift Card account, the balance must be paid with a credit card or any other payment method accepted in the store.
1.3 Gift Card Account. The balance of a Gift Card can be reviewed by the purchaser or holder of the Gift Card by entering the respective Gift Card code into the form that is provided by Chicago Bloom for this purpose on the Website.
1.4 Restrictions. Balances on multiple Gift Cards cannot be combined into a combined balance on one or more new Gift Cards and Gift Cards cannot be reloaded or recharged, or redeemed together with a coupon or other Gift Cards for the same order. Except as expressly allowed by Chicago Bloom, Gift Cards may not be transferred for value or resold. Except to the extent required by applicable law, Gift Cards cannot be redeemed for cash or checks and Gift Card balances cannot be transferred to credit card accounts or accounts of other means of payment. If applicable law requires Chicago Bloom to redeem Gift Cards for cash, check, or other means of payment, Chicago Bloom reserves the right to select any of the foregoing at its discretion. Gift Cards can only be redeemed for purchases in the currency that matches the personal currency preferences set for the respective Account. Chicago Bloom reserves the right to reject the redemption of Gift Cards and request alternative forms of payment, terminate the respective Account, and take legal actions, if Chicago Bloom reasonably believes that Gift Cards are abused or used or obtained fraudulently.
1.5 Risk of Loss. The title and risk of loss for Gift Cards passes upon electronic transmission of the Gift Card by Chicago Bloom to the purchaser of the Gift Card. Chicago Bloom has no obligation to replace lost or stolen Gift Cards, but you can report lost or stolen Gift Cards by contacting our store respectively.
1.6 Expiration date or fees. Chicago Bloom charges no fee in connection with the purchase (except for the selected purchase price of the Gift Card) or redemption of Gift Cards.
1.7 Limitation of Liability. GIFT CARDS ARE PROVIDED BY CHICAGO BLOOM FREE OF ANY WARRANTY, EXPRESS OR IMPLIED. CHICAGO BLOOM IS NOT RESPONSIBLE FOR THE QUALITY, LEGALITY, OR ANY OTHER ASPECT OF THE ITEMS PURCHASED WITH THE GIFT CARD. You may have other or additional rights in connection with your purchase or redemption of Gift Cards under the laws and regulations of the jurisdiction in which you reside and nothing in this Section restricts such rights you may have.