Carbon38 Gift Card Terms and Conditions

Effective Date: September 1, 2021

 

The following terms and conditions (the "Gift Card Terms") apply to the purchase and use of Carbon38 Gift Cards ("Gift Cards"). Your purchase and use of the Gift Cards constitute your agreement to follow and be bound by these Gift Card Terms.

 

  1. Purchase, Redemption & Use

 

Gift Cards are denominated in U.S. dollars and may be purchased in Carbon38 stores or online at Carbon38.com. Coupons and other promotions and discounts may not be used to purchase Gift Cards. Gift Cards may not be returned or applied as payment on any account or as payment for Gift Cards. Gift Cards may not be reloaded, transferred or sold.  Gift Cards cannot be redeemed for cash except as required by law. Gift Cards may not be accepted for international orders.

 

  1. Balance Inquiry

 

For balance inquiries and to obtain information about Gift Cards, visit your account on carbon38.com.

 

  1. Expiration & Fees

 

Any portion of your Carbon38.com account balance made up of purchased Gift Cards or credit issued to compensate for purchased merchandise does not expire* and may be applied to your Carbon38.com account and applied to eligible purchases.  We will not charge you any dormancy, inactivity or service fees in connection with non-use of any purchased merchandise credit or Gift Cards.

 

*Gift Cards issued as a promotional/ courtesy/ non-purchased credit to your account expire one year after issuance, unless otherwise stated in writing.  Your account information will provide an update on the expiration date of your Gift Cards.

 

  1. Lost, Damaged or Stolen Cards & Fraud

 

If lost, stolen or damaged, Gift Cards will not be replaced.  Carbon38 will not be responsible if your Gift Card is used without your permission. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly. Carbon38 reserves the right to refuse to accept Gift Cards that it suspects or believes were obtained or are being used fraudulently or unlawfully.

 

  1. Limitation of Liability

 

GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS, AND CARBON38 DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARBON38 AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. CARBON38 AND ITS AFFILIATES AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT CARBON38 IS FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF CALIFORNIA OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

 

  1. Dispute Resolution & Applicable Law

 

In the event that our Customer Service team is unable to resolve your concern, any disputes arising out of your purchase or use of the Gift Cards or these Gift Card Terms will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

Note: There is no judge or jury in arbitration, no class action, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Gift Card Terms as a court would.

 

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to: Carbon 38, Inc., Attn: General Counsel, 10000 West Washington Blvd, Suite 109, Culver City, CA 90232 with a copy to legal@carbon38.com.  You agree that the arbitration will be conducted by the American Arbitration Association ('AAA'), adr.org.  You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions or in person in Los Angeles county or at another mutually agreed location.

 

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CARBON38 WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

  1. Applicable Law

 

These Gift Card Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions.

 

For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Gift Card Terms shall be filed only in the state and federal courts located in Los Angeles, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Gift Card Terms.

 

  1. General Terms

 

We reserve the right to make changes to these Gift Card Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.