EB ART COLLECTION E-GIFT CARD TERMS AND CONDITIONS
EB Art Collection Online, provides the opportunity to purchase e-gift cards (each, an “e-Gift Card”). Your purchase or use of an e-Gift Card constitutes acceptance of these terms and conditions incorporated herein by reference. In these Terms and Conditions, “you” and “your” means the person who has purchased or received an e-Gift Card.
PLEASE READ THESE TERMS AND CONDITIONS AND THE TERMS OF SERVICECAREFULLY. THE TERMS OF SERVICE INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR PURCHASE OR USE OF AN E-GIFT CARD TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE TERMS OF SERVICE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THE TERMS OF SERVICE ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.
PURCHASE
If you wish to purchase an e-Gift Card, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, and billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to acceptance of any purchase of an e-Gift Card.
REDEMPTION
E-Gift Cards may only be redeemed toward the purchase of eligible works of art from www.ebartcollection.com. The order total includes the price of the work(s) of art, tax (if applicable), shipping charges, and any other charge reflected in the applicable order total. If the order total is more than the e-Gift Card amount, the remaining balance must be paid with another payment method. The e-Gift Card balance will immediately be reduced by the order total. Upon redemption, any unused balance on the e-Gift Card will be available for future eligible purchases. e-Gift Card purchasers and users must be 18 years of age or older.
LIMITATIONS
e-Gift Cards cannot be used to purchase other e-Gift Cards. e-Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Promotion codes or other discounts cannot be used to purchase e-Gift Cards.
RISK OF LOSS
The risk of loss and title for e-Gift Cards passes to the purchaser upon our electronic transmission of the e-Gift Card to the email address provided at the time of purchase, or our delivery to the carrier (if applicable). EB Art is not responsible if any e-Gift Card is lost, stolen, destroyed or used without your permission.
EXPIRATION
e-Gift Cards do not expire and no service fees will be assessed for non-use for 2years.
RETURNS
The e-Gift Card may not be returned or cancelled after purchase. If you return a work of art originally purchased with an e-Gift Card, any refund will be returned to the applicable e-Gift Card. If you return a work of art originally purchased with multiple methods of payment, any balance owed will first be applied to the alternative payment method, up to the original amount charged, and then to the e-Gift Card.
FRAUD
EB Art reserves the right to refuse, cancel or hold for review e-Gift Cards and orders for suspected fraud, unlawful activity, or for other violations of these Terms and Conditions. We reserve the right to correct the e-Gift Card balance if we believe that a clerical, billing or accounting error has occurred.
COMPLIANCE WITH LAW
By purchasing an e-Gift Card, you are representing to EB Art that the activities in connection with which the e-Gift Card will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, including the Terms of Service.
LIMITATION OF LIABILITY
EB ART MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO E-GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT AN E-GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH E-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, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN NO EVENT WILL EB ART’S LIABILITY IN CONNECTION WITH ANY E-GIFT CARD EXCEED THE APPLICABLE VALUE OF SUCH E-GIFT CARD.
GENERAL
These Terms and Conditions are subject to change from time to time in our discretion. We may assign these Terms and Conditions to a third party at any time without notice to you.
CONTACTING EB ART
If you have any questions about these Terms and Conditions, please contact EB Art at info@ebartcollection.com