1. GENERAL TERMS
These terms and conditions apply to PAT McGRATH LABS E-Gift Cards (“E-Gift Cards”) purchased at PATMcGRATH.COM. By purchasing, using or accepting E-Gift Cards, you accept these terms and conditions (“Terms and Conditions”). PAT McGRATH LABS reserves the right to interpret, modify, change or terminate the Terms and Conditions without notice, from time to time at our sole discretion. The most recent Terms and Conditions will always be posted at PATMcGRATH.COM. E-Gift Cards are not refundable or redeemable for cash except as required by law. Void where prohibited or restricted by law.
E-Gift Cards may be used at PATMcGRATH.COM only. You can use the E-Gift Cards to pay for the full value or part of the value of your selected item(s).
E-Gift Cards may only be purchased and redeemed by residents of the United States. No service fees or expiration dates apply to E-Gift Cards. We reserve the right to require additional verification of your identity, E-Gift Card or account ownership, or provision of an additional payment instrument, before you are able to apply an E-Gift Card to your account or to a purchase.
2. DELIVERY
If you purchase an E-Gift Card, it will be sent to the recipient’s email address immediately after the purchase is completed or the delivery date you selected. You are obligated to provide a correct email address for delivery of the E-Gift Card. PAT McGRATH LABS is not responsible for E-Gift Cards that are undeliverable or not received due to your failure to correctly enter the recipient’s email address. Please check to make sure the email address of the recipient is correct.
Sometimes a recipient's email address is correct, but he or she does not access the E-Gift Card within a reasonable period after the requested delivery date. The following is a list of the most common reasons why this may occur:
- Spam filter blocked email or routed it to a bulk/spam folder
- Recipient's firewall blocked the email
- Email inbox is over size limit
- Exceeds email inbox size limit
3. REDEMPTION
E-Gift Cards can be used as payment for purchases made online at PATMcGRATH.COM only. E-Gift Cards cannot be used as payment in retail stores. E-Gift Cards cannot be exchanged or redeemed for cash, except as required by law. Refunds for returned items purchased with a PAT McGRATH LABS E-Gift Card will be credited to the original payment method.
4. VALIDITY
Each purchase of an E-Gift Card is limited to a maximum value of $250. The minimum value for E-Gift Cards is $25. E-Gift Cards can be used until the balance of the card is zero. If the balance of the card is zero for three months, the E-Gift Card is invalid and cannot be activated or used again.
E-Gift Cards may not be resold in any manner whatsoever. PAT McGRATH LABS reserves the right, without notice to you, to void E-Gift Cards without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that an E-Gift Card is obtained, used, or applied to an PATMcGRATH.COM account fraudulently, unlawfully or otherwise in violation of these Terms and Conditions.
5. EXPIRATION AND SERVICE FEES
E-Gift Cards have no expiration date or service fees.
6. VIEW YOUR BALANCE
To view your E-Gift Card balance, visit patmcgrath.com/collections/e-gift-cards
7. RETURNS
You may not return or cancel your E-Gift Card after it is received. Purchasers who wish to cancel an order for an E-Gift Card may do so prior to the delivery date selected during the order process by contacting customercare@patmcgrath.com.
8. LIMITATIONS
Promotional offers and discounts may not be applied to the purchase of E-Gift Cards, and purchases of E-Gift Cards will not be used to satisfy promotional thresholds. E-Gift Cards may not be used towards the purchase of E-Gift Cards.
9. RISK OF LOSS
Ownership and risk of loss with respect to E-Gift Cards passes to the purchaser once we send an email notification to the recipient.
10. CUSTOMER SERVICE
If you need assistance of any kind concerning the purchase, ownership or use of an E-Gift Card, please contact customercare@patmcgrath.com. Please be ready to provide your order number or email address.
11. DISPUTES
Any dispute or claim relating in any way to E-Gift Cards will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator 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 terms and conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
WE AND YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
12. ADDITIONAL TERMS
You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that may arise between you and PAT McGRATH LABS. All Terms and Conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
