Effective Date: March 18th, 2019
By purchasing, accepting or using the Chairish Gift Card ("Gift Card") and in consideration for your right to use the Gift Card, you agree to be bound by these terms and conditions (the "Gift Card Terms & Conditions") and the terms and conditions contained in the Chairish Terms of Service (the "Terms of Service"). In these Gift Card Terms & Conditions, "you" or "your" means either the cardholder who has purchased a Gift Card or the recipient of a Gift Card (as applicable). "We" or "our" means Chairish Inc.
Gift Cards are electronic and may be purchased at https://www.chairish.com/pages/gift-card. In order to purchase the Gift Card, you will need to have or open a Chairish account. For purposes of delivering the Gift Card only, you will need to provide the name and email address of the recipient.
The Gift Card may only be used to make “Add to Cart” purchases online at www.chairish.com; due to the nature of how offers work, Gift Cards may not be used for payment towards offers at this time. Invalid or unidentifiable Gift Card numbers will not be redeemed.
To redeem the Gift Card, you will need to have an existing Chairish account or create a new one. The Gift Card is not a credit card, charge card, or bank debit card and can only be used for the amount of funds loaded onto the Gift Card. The funds loaded on the Gift Card are collected by Chairish and deposited with and held by us in a pooled account with funds associated with other Gift Cards. You will not be paid or earn interest on the amount of the Gift Card. When making a purchase with the Gift Card, the value of the purchase plus any shipping/handling fees and sales tax, if applicable, will be automatically deducted from your Gift Card balance. If a purchase exceeds the amount of the Gift Card balance, the remaining balance must be paid with an additional payment method accepted by Chairish. You may check your Gift Card balance online at https://www.chairish.com/gift-card/dashboard.
The funds on the Gift Card do not expire. No fees apply.
However, in certain states, after a certain period of time, Chairish may remit the cash associated with unused Gift Card balances to certain states pursuant to their abandoned property laws. Once the Gift Card balance has been remitted to such a state, the Gift Card may no longer be redeemed, and Chairish may direct you to the state government instead.
- Gift Card users must be 18 years or older.
- The prepaid value of the Gift Card cannot exceed $1,999.
- The Gift Card may be used to make “Add to Cart” purchases only up to the available balance on the Gift Card. If a purchase exceeds the amount of the Gift Card balance, the remaining balance must be paid with an additional payment method accepted by Chairish.
- Gift Cards may not be used for payment toward offers at this time.
- Coupons, discounts, and other Gift Cards may not be used to buy Gift Cards.
- The Gift Card cannot be “reloaded” (i.e. you cannot add value/balance to your Gift Card after purchase).
- Upon first use, the funds on the Gift Card are redeemed as an account credit to the Chairish account associated with the Gift Card's first use and become non-transferable.
- The Gift Card is not refundable or redeemable for cash or credit, except to the extent required by law. If your balance is below $10, and you would like to know if you qualify for cash redemption, please contact us at email@example.com and we will verify whether you qualify for cash redemption under applicable law.
- There is a 24 hour waiting period between the purchase of a Gift Card and when that Gift Card can be redeemed or used toward a purchase.
- No more than a total of $1000 in Gift Card funds may be redeemed per day, and no more than a total of $1500 in Gift Card funds may be redeemed per calendar month. Further, you may only redeem a maximum of 8 Gift Cards per day.
Risk of Loss
Please safeguard your Gift Card and treat it like cash. Title and risk of loss for the Gift Card pass to the recipient immediately upon purchase. Chairish is not responsible if a Gift Card is lost, stolen, destroyed, or used without the recipient’s permission. Lost or stolen Gift Cards may only be replaced or credited if the Gift Card has never been used, and only with satisfactory proof of purchase, where required by law.
Disclosure to Third Parties
Reservation of Rights
Chairish reserves the right to correct the Gift Card balance if we believe that a clerical, billing, or accounting error has occurred. Chairish also reserves the right to deactivate, cancel, or suspend any Gift Card if we suspect fraud, unlawful activity, or improper Gift Card use.
Disclaimer of Warranties; Limitation of Liability
WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE CHAIRISH TERMS OF SERVICE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CHAIRISH AND ITS 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 EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions 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 might have additional rights.
IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN THE CHAIRISH TERMS OF SERVICE, YOU AGREE THAT CHAIRISH AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE GIFT CARD TERMS & CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHAIRISH OR ITS 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 CHAIRISH’S CONTROL; (C) THE USE OF THE GIFT CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR CHAIRISH BELIEVES IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE; (D) THROUGH NO FAULT OF CHAIRISH, YOUR NOT HAVING SUFFICIENT FUNDS ON A GIFT CARD TO COVER A TRANSACTION; OR (E) INABILITY TO USE A GIFT CARD BECAUSE CHAIRISH’S SYSTEM IS NOT WORKING PROPERLY. YOU AGREE THAT CHAIRISH AND ITS 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 ANYTHING TO THE CONTRARY, 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. In the event a Gift Card is non-functional, your sole remedy, and Chairish’s sole liability, shall be the replacement of such Gift Card.
Chairish reserves the right to make changes to these Gift Card Terms & Conditions at any time without notice to you. If Chairish makes a material modification to these Gift Card Terms & Conditions, it may provide notice by displaying a notice on the Chairish website, by sending an email to any address you may have used to register for a Chairish account, or through other mechanisms. Any amendment to the Gift Card Terms & Conditions will be effective when posted on www.chairish.com.
If any of these Gift Card Terms & Conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. These Gift Card Terms & Conditions and the relationship between you and Chairish will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Chairish agree to submit to the personal jurisdiction of the federal and state courts located in the State of California with respect to any legal proceedings that may arise in connection with these Gift Card Terms & Conditions. Any dispute related to these Gift Card Terms & Conditions shall be finally settled by confidential arbitration in San Francisco County, California. Arbitration under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CHAIRISH ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. The failure of Chairish to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.