Urbani Gift Card

THESE TERMS AND CONDITIONS ARE APPLIED TO GIFT CARDS

The following Terms and Conditions ("Gift Card T&Cs") govern your use of any Urbani USA gift cards (“Gift Cards”), both tangible cards (“Tangible Cards”) as well as cards purchased online through shop.urbani.com (“E-Gift Cards”) (Tangible Cards and E-Gift Cards collectively, the "Gift Cards"), issued by Urbani USA Truffles USA Corporation ("Urbani USA USA”).

WARNING:

BY PURCHASING A GIFT CARD, USING, OR ACCEPTING A GIFT CARD, YOU AUTOMATICALLY ACCEPT AND AGREE TO BE BOUND BY THESE GIFT CARD T&Cs.

PLEASE NOTE THAT THESE GIFT CARD T&Cs CONTAIN TERMS THA MAY AFFECT AND/OR RESTRICT YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: (1) THEY IMPOSE RIGHTS AND OBLIGATIONS UPON YOU, AND (2) THEY INCLUDE A BINDING CONFIDENTIAL ARBITRATION CLAUSE, A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL.

IF YOU DO NOT AGREE WITH THESE GIFT CARD T&Cs, YOU SHOULD NOT PURCHASE, USE, OR ACCEPT A GIFT CARD.

TERMS:

1. REDEMPTION: Gift Cards can only be used for purchases of eligible products from Urbani USA in the United States only, at any retail locations of Urbani USA or online at www.urbani.com. A Gift Card is usable up to balance only to buy products, and is not redeemable for cash except as otherwise required under applicable laws. Eligible goods are subject to change in Urbani USA’ sole discretion. Gift Cards can be used to purchase Urbani USA products only. Gift Cards cannot be used to purchase other gift cards, third-party gift cards, prepaid cards/banking products, or other financial products or services.

2. RESTRICTIONS. Gift Cards cannot be: (i) resold (see Section 4 below); (ii) transferred to others for consideration (i.e., anything of value), (ii) re-loaded; (iii) used as a means for payment to parties other than Urbani USA; (iv) redeemed for a value exceeding a card’s face value; (v) used for any purposes other than purchasing Urbani USA products, (vi) used in a manner otherwise prohibited by law, and/or (vii) in connection with any advertising and/or marketing activities through any means (e.g., online, press, phone etc.) without Urbani USA’s prior written consent. Without prejudice to the foregoing, you may transfer a Gift Card to a third party as a gift (i.e., for no consideration).

3. ACTIVATION: Gift Card has no value until activated. In event of a disputed credit card charge, bounced check or other payment failure, a Gift Card will not be honored.

4. DE-ACTIVATION; SUSPENSION; FRAUD - READ CAREFULLY. If Urbani USA suspects or otherwise has reason to believe that a Gift Card was obtained and/or is being used fraudulently, unlawfully, or otherwise in violation of these Gift Card T&Cs, Urbani USA has the right, at any time and with or without notice, to void or suspend a Gift Card, cancel and/or limit orders, without any obligation to refund same, and to request alternative forms of payment. The resale of Urbani USA’s Gift Cards without Urbani USA’s prior written consent is strictly prohibited. If you’d like to become a reseller of our E-Gift Cards with Urbani USA’s prior written consent, please contact us at giftcards@urbani.com. Urbani USA recommends that you do not purchase discounted cards from third party purporting to be “resellers”. Such “resellers” are NOT authorized resellers. Please be aware that re-sold cards are often purchased through stolen credit cards and, therefore, may be voided by Urbani USA at any time. A Gift Card is not valid and will not be honored, and Urbani USA will not be liable, if a Gift Card is obtained from any unauthorized sellers or resellers, including through Internet auction sites.

5. NO EXPIRATION. Except as otherwise provided in these Gift Card T&Cs, Gift Cards do not expire. Additionally, in the event that you do not use your Gift Card, no inactivity or service fees apply.

6. BALANCE INQUIRIES. To check your balance, please write to help@urbani.com. The balance you receive when contacting help@urbani.com is an estimate only. Although a card balance is usually adjusted as soon as you make a purchase, there may be instances when an updated balance is delayed.

7. LOST, DESTROYED OR STOLE GIFT CARDS. Urbani USA is under no obligation to replace or refund a lost, stolen or destroyed Gift Card. The risk of loss, damage or theft passes to you upon purchase of a Gift Card. Urbani USA is not responsible if a Card is lost, stolen, damaged, destroyed or used without your permission.

8. NON-REFUNDABLE. Except to the extent required by applicable laws, Gift Cards are non-refundable and cannot be returned or redeemed for cash.

9. RETURNS. All returns for purchases made using a Gift Card will result in the issuance of a new Gift Card in an amount equal to the value of your return.

10. COMPLIANCE WITH LAWS. By purchasing and/or using a Gift Card from Urbani USA, you hereby represent and warrant to Urbani USA that the Gift Card will be used in accordance with these Gift Card T&Cs and all applicable laws, rules and regulations, and that no Gift Card will be used in any manner that is unlawful, deceptive, misleading, or otherwise harmful to any person. You hereby further covenant and agree to defend, indemnify and hold Urbani USA harmless from and against any claims, losses, costs, damage, expenses and/or liabilities (collectively, “Losses”) made against or incurred by Urbani USA, its affiliates, directors, officers, employees and/or agents in connection with and/or as a result of your use of a Gift Card.

11. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL GIFT CARDS AND ALL RELATED PRODUCTS ARE SOLD "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

12. LIMITATION OF LIABILITY. IN THE EVENT THAT URBANI USA OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR CARD. URBANI USA AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY PUNITIVE, INCIDENTAL, INDIRECT AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE GIFT CARD T&Cs, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY. IN NO EVENT SHALL URBANI USA OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A CARD THROUGH ACCIDENT, MISUSE OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND URBANI USA’s CONTROL. TO THE EXTENT THAT THE LAWS OF CERTAIN STATES OR OTHER JURISDICTION DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY OF CERTAIN DAMAGES, THEN, IF SUCH LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THIS AGREEMENT, IN WHICH CASE, IN SUCH JURISDICTIONS, URBANI USA’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. CHANGES TO GIFT CARD T&Cs. Urbani USA reserves the right to supplement and/or change these Gift Card TC&s at any time, in Urbani USA’s discretion. Notice of changes will be by reasonable means, which may be by posting a revised version of these Gift Card T&Cs on Urbani USA’s website. Your purchase or use of a Gift Card constitutes your agreement and acceptance to any terms then in effect.

14. GOVERNING LAW; ARBIRATION AGREEMENT; PROHIBITION OF CLASS ACTIONS. These Gift Card T&Cs shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflict of laws principles,
    
    EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES BETWEEN YOU AND URBANI USA (ITS AFFILIATES, DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AND/OR AGENTS) ARISING OUT OF OR IN CONNECTION WITH THESE GIFT CARD T&Cs OR YOUR PURCHASE, USE, OR ACCEPTANCE OF ANY GIFT CARD, WHETHER THE DISPUTE IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED IN FINAL, BINDING, INDVIDUAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN COURT BY A JUDGE OR A JURY. YOU AGREE THAT URBANI USA AND YOU EACH WAIVE THE RIGHT TO TRIAL BY A JURY AND THAT THE FEDERAL ARBITRATION ACT (“FAA”) AND FEDERAL ARBITRATION LAW, NOT STATE LAW, GOVERN THE ENFORCEABILITY OF THIS SECTION (DESPITE THE GENERAL CHOICE OF LAW PROVISION SET FORTH ABOVE). YOU ALSO AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, AND MASS ACTIONS ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION. FOR ANY AND ALL DISPUTES OR CLAIMS YOU HAVE, YOU MUST FIRST GIVE URBANI USA AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING AN INDIVIDUAL, WRITTEN DESCRIPTION OF YOUR CLAIM THAT DESCRIBES IN DETAIL THE INDIVIDUAL DAMAGES THAT YOU CLAIM TO HAVE SUFFERED TO URBANI USA’ REGISTERED AGENT AT THIS ADDRESS: 10 WEST END AVE, NEW YORK CITY, NY, UNITED STATES, 10023. YOU HEREBY AGREE THAT YOU MAY NOT COMMENCE ANY ARBITRATION OR COURT PROCEEDING UNLESS YOU AND WE ARE UNABLE TO RESOLVE YOUR CLAIM WITHIN NINETY (90) DAYS AFTER WE RECEIVE FROM YOU A DETAILED DESCRIPTION OF YOUR CLAIM AND YOU HAVE MADE A GOOD FAITH EFFORT TO RESOLVE YOUR CLAIM DIRECTLY WITH US DURING SUCH TIME. IF WE ARE UNABLE TO RESOLVE YOUR CLAIM WITHIN 90 DAYS DESPITE THOSE GOOD FAITH EFFORTS, THEN EITHER YOU OR URBANI USA MAY COMMENCE AN ARBITRATION PROCEEDING OR SMALL CLAIMS COURT PROCEEDING. IF AN ARBITRATION PROCEEDING IS COMMENCED, SUCH PROCEEDING WILL BE ADMINISTERED BY THE AAA UNDER ITS CONSUMER ARBITRATION RULES IN EFFECT AT THE TIME THE ARBITRATION IS COMMENCED, EXCEPT TO THE EXTENT ANY OF THOSE RULES CONFLICTS WITH OUR AGREEMENT IN THESE GIFT CARD T&Cs, IN WHICH CASE THESE GIFT CARD TC&s WILL GOVERN. IF THE AAA FAILS OR DECLINES TO CONDUCT THE ARBITRATION FOR ANY REASON, WE WILL MUTUALLY SELECT A DIFFERENT ARBITRATION ADMINISTRATOR. IF WE CANNOT AGREE, A COURT WILL APPOINT A DIFFERENT ARBITRATION ADMINISTRATOR BUT WILL NOT DECIDE ARBITRABILITY OR ANY OTHER ASPECT OF THE PARTIES’ DISPUTE (UNLESS EITHER PARTY FILES A SMALL CLAIMS COURT MATTER). PAYMENT OF ALL FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES. NOTWITHSTANDING THE FOREGOING, IF ANY CLAIM ASSERTED IN AN ARBITRATION DEMAND IS DEEMED TO BE FRIVOLOUS, THE DEFENDING PARTY SHALL BE ENTITLED TO RECOVER ITS ATTORNEYS’ FEES AND ANY FILING, ADMINISTRATION, AND ARBITRATOR FEES INCURRED. THE ARBITRATOR MAY AWARD ANY INDIVIDUAL RELIEF A COURT OF LAW COULD, INCLUDING TEMPORARY, INTERIM, OR PERMANENT INJUNCTIVE RELIEF ON AN INDIVIDUAL BASIS. IF A COURT OR ARBITRATOR FINDS IN ANY ACTION BETWEEN YOU AND US THAT ANY PART OF THIS ARBIRATION AGREEMENT IS UNENFORCEABLE WITH RESPECT TO ANY CLAIM, THIS ARBITRATINO AGREEMENT WILL STILL APPLY TO ANY AND ALL OTHER CLAIMS THAT YOU OR WE MAY ASSERT IN THAT OR ANY OTHER ACTION. IF ANY PROVISION OF THIS SECTION PROVISION IS FOUND UNENFORCEABLE, THE OTHER PARTS OF IT SHALL CONTINUE TO APPLY. YOU RESERVE YOUR ABILITY TO BRING CLAIMS IN SMALL CLAIMS COURT TO THE EXTENT OF THAT COURT’S JURISDICTION. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

15. MISCELLANEOUS.

    These Gift Card T&Cs constitute the entire agreement and understanding of the parties with respect to Urbani USA’s Gift Cards and supersede all prior agreements, understandings or representations, whether written or oral, among the parties with respect to such matters.
    
    If any provision of these Gift Card T&Cs shall be held invalid or unenforceable by any competent authority, such provision shall be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of these Gift Card T&Cs shall not affect the other provisions hereof and these Gift Card T&Cs shall be construed in all respects as if such invalid or unenforceable provision were omitted.
    
    No amendment or modification of these Gift Card T&Cs shall be binding unless it is in writing and signed by a duly authorized representative of each of the parties hereto. The failure of a party to exercise rights hereunder may in no case be interpreted as a waiver of any rights hereunder nor shall it deprive a party of the right thereafter to insist upon strict compliance with such term or any other term of these Gift Card T&Cs. For the avoidance of doubt, no alleged waiver by a party shall be enforceable unless it is in writing and duly signed by an authorized representative of that party.
    
    These Gift Card T&Cs shall be binding upon and inure to the benefit of the permitted successors and assigns of each of the parties.
    
    Nothing contained in these Gift Card T&Cs shall be construed as an obligation of Urbani USA to enter into any additional agreement(s) with you, it being understood that any additional agreement(s) between Urbani USA and you, if any, shall be in writing signed by all appropriate parties thereto.

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