Jomashop Gift Card Terms & Conditions
The following terms and conditions (the "Terms") apply to the purchase and use of digital Jomashop gift cards (collectively, "Gift Cards"). Your purchase and use of the Gift Cards constitute your agreement to follow and be bound by these Terms. Gift Cards are issued by Jomashop, Inc.
Redemption & Use
Gift Cards are redeemable at Jomashop.com, on the Jomashop apps. Gift Cards may not be returned or applied as payment on any account. Gift Cards may not be redeemed for cash except as required by law.
If a Gift Card is used to place an order and items from that order are returned, generally, refunds are credited back to that original Gift Card.
For balance inquiries and to obtain information about Gift Cards, visit https://www.jomashop.com/my-account/gift-and-credits, or call (877) 834-1434.
Expiration & Fees
Gift Cards do not expire, and there are no fees associated with them.
Lost, Damaged or Stolen Cards & Fraud
Lost or stolen Gift Cards will not be replaced. Jomashop will not be responsible for lost or stolen Gift Cards or 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. Jomashop and its affiliates reserve the right to refuse to accept Gift Cards that Jomashop suspects or believes were obtained fraudulently.
Compliance with Laws
By purchasing or using a Gift Card, you are certifying and representing to Jomashop that the activities in connection with which the Gift Card will be used will comply with these Terms and all applicable laws, rules and regulations, and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Jomashop. In addition, you agree to defend and indemnify Jomashop, Inc. and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Card or violation of any of these Terms.
Limitation of Liability
GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS, AND JOMASHOP 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. JOMASHOP AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. JOMASHOP 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 JOMASHOP OR ITS AFFILIATES ARE 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 NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
Dispute Resolution & Applicable Law
Any dispute or claim relating in any way to Gift Cards will be resolved in accordance with the dispute resolution terms in the Jomashop Terms and Conditions.
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 OR JAMS RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR JOMASHOP WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of New York, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Gift Cards or use of the Gift Cards, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York.
We reserve the right to make changes to these 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.