These Terms and Conditions apply to the purchase and use of Rue Gift Cards ("Gift Cards"). Gift Cards are provided and issued by Rue La La, a division of Retail Convergence.com, LP ("Rue La La"). These Terms and Conditions apply to both purchasers and recipients of Gift Cards ("You"). You agree that Your purchase or use of Gift Cards signifies that You have read and agree with these Terms and Conditions. If You do not agree with these Terms and Conditions, You should not purchase or use Gift Cards.
- Purchase. Gift Cards may be purchased at giftcards.ruelala.com or by clicking here. In order to purchase a Gift Card, You will need the following information, including but not limited to, recipient's name, recipient's email address, and a valid credit card. Gift Cards do not expire and are not be subject to dormancy fees or other fees for non-use. You may not use Rue La La account credits to purchase Gift Cards.
- 2. Delivery. Gift Cards are sent via email to the recipient. Unless You request a later delivery date, delivery is typically within a few hours of purchase, pending credit authorization and verification and barring any technical difficulties. You will be charged at the time of purchase regardless of the date You choose for delivery. Gift Card processing time may vary by the time of day an order is submitted. You may cancel the purchase of a Gift Card any time prior to its redemption. You are solely responsible for the accuracy of the recipient's information. Delivery to an incorrect or nonexistent address is the purchaser's sole responsibility. If we become aware that the email address is non-functional (such as through a hard-bounce of the email) we reserve the right, but are under no obligation, to attempt to contact You to request a different email address.
- 3. Redemption. Gift Cards can only be redeemed in Your member account on the Rue La La website located at www.ruelala.com (the "Website"). Membership is free and available for those 18 or over. If You aren't already a member, You can become a member of Rue La La by registering on the Website or by clicking here. Once You are a member, go to the "Account Credit" section of "My Account" on the Website and type in the gift card number and pin. Redemption information will be included in the email You received with the Gift Card. You can check whether You redeemed a specific card by checking "My Account".
- 4. Account Credits. When redeemed, the entire value of the Gift Card will show up in Your member account as an account credit. Account credit can only be used toward the purchase of eligible items on the Website. In order to make a purchase on the Website, You will need to have a valid credit card on file. When You make a purchase, the full purchase amount of eligible items on the Website (including any applicable taxes and shipping) will be deducted from Your account credit up to the total funds that were available on the Gift Card. If the full purchase amount (including any applicable taxes and shipping) is less than the value of the Gift Card, the unused balance will remain in the Your Rue La La account as credit. If an order exceeds the amount of the Gift Card, the balance must be paid with a valid credit card or other available payment method. You may check a Gift Card balance by contacting customer service at email@example.com or by calling 1-888-992-LALA (5252).
- 5. Order of Credits Used. If there is more than one type of credit in Your account, purchases will be deducted from Gift Card credits first, then credits from merchandise returns, and finally from other types of account credits.
- 6. Referral Credits. If You purchase a Gift Card for a non-member and the recipient then becomes a Rue La La member, You will not receive any reward credit if the recipient's first purchase uses a Gift Card.
- 7. Cancellation. You can cancel the purchase of a Gift Card at any time prior to redemption. To cancel, please contact Customer Service at 1-888-992-LALA (5252) or firstname.lastname@example.org.
8. Limitations on Purchase and Use.
(i) Gift Cards may only be used on the Website, toward the purchase of eligible items;
(ii) Gift Cards cannot be applied toward previous purchases;
(iii) Gift Cards cannot be used to purchase other Gift Cards;
(iv) Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law;
(v) Resale of Gift Cards or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited;
(vi) Gift Card purchases are not subject to any promotional discount; and
(vii) Unused Gift Card account credits may not be transferred.
- Risk of Loss. Please safeguard Your Gift Card. The risk of loss and title for the Gift Card passes upon our electronic transmission. For lost or stolen Gift Cards, Rue La La may (in its sole discretion) issue a replacement for the balance shown on its records with proof of purchase. Rue La La is not responsible if Your Gift Card is lost, stolen, destroyed or used without Your permission.
- Fraud. Your use of the Gift Card is subject to verification. We reserve the right to void any Gift Card obtained fraudulently or used in a manner not in conformance with these Terms and Conditions. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event Your Gift Card is voided or Your membership or account are terminated, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of Your obligations which by their nature should survive termination) will survive termination.
- Disclaimer. RUE LA LA, RETAIL CONVERGENCE.COM, LP, ITS PARENT, SUBSIDIARIES, DIVISIONS, OR AFFILIATES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. IN NO EVENT SHALL RUE LA LA, RETAIL CONVERGENCE.COM, LP, ITS PARENT, SUBSIDIARIES, DIVISIONS, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ABOUT OR SERVICES IN CONNECTION WITH THE GIFT CARD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE A GIFT CARD OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF RUE LA LA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH 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 MIGHT HAVE ADDITIONAL RIGHTS.
- Assignment. Gifts Cards and/or any outstanding account credit may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the Rue La La business, or any third party under contract with such present or future owner. By redeeming a Gift Card, You expressly consent to and authorize any such future assignment and assumption of outstanding account credit obligations and You agree to look solely to such assignee in the event of any such transfer.
- Arbitration. While we will make every reasonable effort to resolve any disagreements You may have with Rue La La, if these efforts fail, You and Rue La La both agree that all claims, disputes or controversies arising out of or relating to Your use of the Gift Card, these Terms and Conditions, the purchase and/or redemption of any Gift Card, or the content, display or disclosure of any information on or in connection with the Gift Card ("Claim" or "Claims") are subject to binding arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. This includes Claims based on contract, tort (including intentional tort), fraud, agency, Your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. As used in this arbitration agreement, Rue La La includes its parent, subsidiaries, divisions, or affiliates and their respective officers, directors, employees, agents, or successors. Notwithstanding the above, we both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. YOU AND RUE LA LA ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR RUE LA LA'S INDIVIDUAL CAPACITY AND IN SO DOING YOU AND RUE LA LA HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, TO ASSERT OR PARTICIPATE IN A PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. HOWEVER, RUE LA LA WILL NOT INVOKE ITS RIGHT TO ARBITRATE ANY INDIVIDUAL CLAIM THAT YOU BRING IN SMALL CLAIMS COURT, AS LONG AS IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer-Related Disputes in effect on the date the arbitration is filed ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. Any arbitration hearing that You attend will be held at a place chosen by the AAA in the same city as the U.S. District Court closest to Your then current billing address, or at some other place to which You and Rue La La agree in writing. A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years' experience or a retired or former judge, selected in accordance with the AAA rules. Those procedures and rules may limit the discovery available to You or us. The arbitrator will take reasonable steps to protect Your customer account information and other confidential information if requested to do so by You or us. The payment of administrative and arbitrator's fees will be governed by the AAA's rules. Unless Your claim is valued at more than $75,000, Rue La La waives the right to recover an award of attorney's fees and expenses against You. The arbitrator's award is final and binding on the parties.
- Time Limit for Bringing Claims. Any Claim You have must be commenced within one (1) year after the Claim arises.
- Modification. These Terms and Conditions are subject to revision by Rue La La. If we deem any of the revisions to be material changes, we will notify you in advance by sending you an email to the last email address you provided to us and by posting notice of the changes to our Websites and mobile applications. Any changes will be effective upon the earlier of the date specified in such notice or that posting of notice of changes, provided that the changes will not apply to Your use of Gift Cards prior to the effective date of the changes. If You do not accept the changes, You should cancel Your Rue La La membership before the effective date of the changes. If any change is found invalid, void or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. You should check for any new notices of changes regularly and stay informed of these Terms and Conditions. Your continued use of Gift Cards after any change, regardless of whether a change was received by You directly, indicates Your acceptance and agreement to any such change.
- Customer Support. For any questions concerning Your Gift Card, including for inquiries related to the Gift Card's balance or if You are having any difficulties in redeeming a Gift Card, please call Customer Service at 1-888-992-LALA (5252) (US customers only). We're available Monday through Friday from 8AM to midnight ET, Saturday from 8AM to 11PM ET, and Sunday 8AM to 11PM ET. You can also email us anytime at email@example.com.
Last Updated: September 17, 2013
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