eGift Card Terms and Conditions
1. General Terms
Welcome to the CashStar Web site (the "website"). Please review the following terms and conditions of use, which govern your use of the website (the "Agreement"). Your use of the website constitutes your agreement to follow and be bound by the terms of the Agreement which may be updated or modified at any time without prior notice. For this reason, please review the Agreement whenever you use the website. If you do not agree to these terms, please do not use the website. As used in this Agreement, the term "we" "us" or "our" means (1) Chico’s Distribution Services, LLC, a Florida limited liability company ("WhiteHouseBlackMarket/WHBM") and (ii) CashStar, Inc., a Delaware corporation ("CashStar"). The term "you" or "your" means the purchaser and/or recipient of a WhiteHouseBlackMarket eGift Card. The term "Affiliates" means WHITEHOUSEBLACKMARKET, its parent company, Chico’s FAS, Inc., and any of its subsidiary or related companies. WhiteHouseBlackMarket eGift Cards are distributed by CashStar. By visiting whitehouseblackmarket.cashstar.com, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these eGift Card terms and conditions ("Ts & Cs"). WHITEHOUSEBLACKMARKET and CashStar reserve the right to change these Ts & Cs from time to time in its discretion. Please refer to whitehouseblackmarket.com for additional Terms and Conditions.
2. eGift Cards
WhiteHouseBlackMarket eGift Cards are issued by and represent an obligation of WHITEHOUSEBLACKMARKET and are distributed by CashStar. WhiteHouseBlackMarket eGift Cards are redeemable for merchandise at any WhiteHouseBlackMarket location, including outlet stores, online at whitehouseblackmarket.com (US orders only) or telephonically at 844-455-2385. If you return merchandise originally purchased with an eGift Card, any refund will be issued in the form of a plastic merchandise return card issued by WhiteHouseBlackMarket which may be used at any of these stores or online. Any merchandise purchased with an eGift Card is subject to the applicable store or online return policies. Purchases will be deducted from the amount of this eGift Card until the value reaches zero. No fees of any kind will be imposed on purchasers or recipients of eGift Cards. Redeemable for cash when the balance is less than $10 or as otherwise required by law. We reserve the right to cancel or suspend transactions or to restrict future transactions at any time for any reason.
3. Obtain Your Balance
To obtain your eGift Card balance, call 844-455-2385.
You may not return or cancel your WhiteHouseBlackMarket eGift Card after it is received. Purchasers who wish to cancel an eGift Card order purchased prior to its delivery to a recipient should contact Customer Support at 844-455-2385 prior to the delivery date selected during the purchase process.
5. Lost or Stolen eGift Cards
If your eGift Card has been lost or stolen, contact Customer Support at 844-455-2385 immediately. WhiteHouseBlackMarket eGift Cards will not be replaced if lost or stolen without the purchaser’s confirmation email as proof of purchase. If you provide proper proof of purchase, any remaining balance on your eGift Card can be re-issued to you on a new [eGift Card][plastic Gift Card]. Any replacement eGift Card will be issued only for the dollar value remaining on the eGift Card at the time you report it lost or stolen. eGift Cards have cash value and should be safeguarded accordingly.
The maximum value that can be associated with any one eGift Card is five hundred dollars ($500.00) and total purchases for any one individual may not exceed five thousand dollars ($5,000.00) in one calendar day or ten thousand dollars ($10,000.00) in any seven (7) day period. Additionally, WhiteHouseBlackMarket has the right to refuse any sale of an eGiftCard for any reason. You may not use an eGift Card to purchase other eGift Cards. eGift Cards cannot be reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law. Void if reloaded, resold, transferred for value, or redeemed for cash. Unused eGift Cards may not be transferred.
7. Our Policies
8. Risk of Loss
Ownership and risk of loss of eGift Cards passes to the purchaser as soon as we send our confirmation to the recipient. We are not responsible for lost or stolen eGift Cards. If you have any questions, please see the FAQs.
9. WhiteHouseBlackMarket eGift Card Customer Service
If you need assistance with any aspect of your purchase, ownership, or use of your eGift Card, please contact Customer Support. Please refer to your order number, or be ready to supply your email address.
10. Payment Methods
WhiteHouseBlackMarket eGift Cards may be paid for with a valid VISA, MasterCard, Discover, American Express card or Diner’s Club card.
11. Delivery Information and Requirements for eGift Card Purchasers
All orders of eGift Cards are subject to a process that compares purchaser information provided on the web site with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your eGift Card order may be delayed until it can be corrected or cancelled if it cannot be reconciled. If the date on which you want an eGift Card delivered has passed and you have not received confirmation that the eGift Card was sent, please contact Customer Support at 844-455-2385.
We are not responsible for eGift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact Customer Support if you suspect the recipient did not receive his/her eGift Card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.
12. Reasons for Failed Delivery
eGift Cards are delivered via email. If you have confirmed the recipient's email address but the eGift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:
1. Spam filter blocked email or routed it to a bulk/spam folder
2. Recipient's firewall blocked the email
3. Email inbox is over size limit
4. Invalid email address
If a spam filter is blocking email@example.com emails from getting to an inbox, the email options will need to be modified so that WhiteHouseBlackMarket and Cashstar emails are not considered spam.
If you need further assistance, contact Customer Support. Please refer to your order number, or be ready to supply your email address.
13. Opt-in to future marketing campaigns or promotional offers. You may have the option from time to time to opt-in to certain marketing campaigns, loyalty programs, or promotional offers from WhiteHouseBlackMarket or its Affiliates. Please visit whitehouseblackmarket.com for opt-out information from those programs or offers.
14. Personalized Messaging
If you wish to add a personal message to an eGift Card, simply type your message in the Message field during the purchase process.
Personal messages are limited in length to the space provided on the eGift Card, or to the space provided on the presentation carrier of a physical Gift Card.
There is no additional charge to include a personalized message.
If we find inappropriate, offensive or otherwise objectionable messages, we reserve the right to cancel them. Thanks for your cooperation.
15. Uploaded Images
You may upload your own image for display on an eGift Card. This feature is not available for physical eGift Cards at this time.
There is no additional charge to include your own image.
We reserve the right to replace inappropriate, offensive, or otherwise objectionable images.
We reserve the right to replace images that infringe upon trademark or copyright law.
The following image will appear as a replacement image:
16. Limitation of Liability
WHITEHOUSEBLACKMARKET AND ITS AFFILIATES AND CASHSTAR AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN EGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND CASHSTAR AND ITS AFFILIATES SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFT CARD. WHITEHOUSEBLACKMARKET AND ITS AFFILIATES BEAR NO LIABILITY FOR ANY OF THE FOREGOING. 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 MIGHT HAVE ADDITIONAL RIGHTS.
The materials on the website are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. We expressly disclaim any duty to update or revise the materials on the websites, although such materials may be modified at any time without notice. Your use of the website is at your sole risk and you assume full responsibility for any costs associated with your use of the website. We shall not be liable for any damages of any kind related to your use of the website.
You agree to defend, indemnify and hold CashStar and WhiteHouseBlackMarket (including WhiteHouseBlackMarket Affiliates) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website and/or your breach of any representation, warranty, or other provision of the Agreement. If an eGift Card code is non- functional, your sole remedy against us and our sole liability shall be the full replacement of such eGift Card.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, you and we agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the website, an eGift Card, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party(s) (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to:
(1) WhiteHouseBlackMarket at: Chico’s Legal Department, 11215 Metro Parkway, Fort Myers, FL 33966, Attn: General Counsel
CashStar, Inc. 25 Pearl Street, Portland, ME 04101
(2) you at: your last-used billing address and/or the email address in your online profile.
You and we agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
20. Choice of Law.
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. You and we agree that any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Florida located in Lee County, or any U.S. District Court for the Middle District of Florida. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the website.
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