PHILZ COFFEE GIFT CARD PROGRAM TERMS AND CONDITIONS
Last Updated: October 4, 2021
These Philz Coffee Gift Card Program Terms and Conditions (“Gift Card Terms”) are between you and Philz Coffee, Inc. (“Philz,” “we,” “us,” or “our”) and describe the terms and conditions that apply to your Philz gift card (“Gift Card”). By purchasing, loading, or using a Philz Gift Card, you agree to the following terms and conditions and the terms and conditions of Philz Coffee Terms of Service which incorporate these Gift Card Terms.
1 About Your Gift Card
You must have a My Philz Account. If you attempt to circumvent this or any of these Terms through technical means or otherwise, Philz may, in its sole discretion, take steps to cancel your transaction, freeze gift card funds to prevent redemption and/or terminate your My Philz Account.
Invalid or unidentifiable Gift Card numbers will not be redeemed.
As a security feature, upon first use the Gift Card (including funds on the Gift Card) links to the My Philz Account associated with the Gift Card’s first use and becomes non-transferable.
The Gift Card may only be redeemed toward the purchase of eligible goods and services provided by Philz Coffee, Inc. and its affiliates on www.philz.com, or certain of its affiliated properties.
Your Gift Card is reloadable for additional value.
Subject to our return policy, if you return merchandise purchased with a Gift Card, we will refund your Gift Card for the amount of the purchase.
The Gift Card is not refundable or redeemable for cash or credit, unless required by law.
The Gift Card may be used to make purchases only up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by law.
If you want to use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.
The minimum amount that you may load on any Gift Card at any given time is $5. We may change any of these amounts at any time without notice to you.
The Gift Card is not redeemable outside the U.S. or its Territories.
3 FEES AND EXPIRATION OF CARD BALANCES
WE DO NOT CHARGE ANY ACTIVATION, SERVICE, DORMANCY, INACTIVITY, OR ANY OTHER FEES IN CONNECTION WITH YOUR GIFT CARD. GIFT CARDS DO NOT EXPIRE.
4 RECEIPTS AND TRANSACTION HISTORY
We will not send you statements of activity on your Gift Card. You can check the balance of your Gift Card or review recent transactions on your Gift Card at any authorized Philz retail location or by emailing: email@example.com. You will need to have your Gift Card available in order to access your account.
5 ERRORS, CORRECTIONS
We will correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred. If you have questions regarding your transaction history, please contact our customer support at firstname.lastname@example.org. Provided that you present us with sufficient details regarding your inquiry, we will review any claims of clerical or accounting errors within sixty days of the date of the transaction in question.
6 FRAUD ASSOCIATED WITH YOUR GIFT CARD OR CARD BALANCE
We reserve the right to not accept any Gift Card if we believe the use is unauthorized, fraudulent or otherwise unlawful. Philz has no liability to you for any third party fraud or unlawful activity associated with any Gift Card balance beyond our reasonable control. If Philz discovers any Gift Card was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted Gift Cards and retain all related Gift Card balances without notice to you and take any other action we deem necessary.
7 RISK OF LOSS
You should treat Gift Cards like cash and maintain the security of your Gift Card. You are responsible for all transactions on your Gift Card, including unauthorized transactions. Philz is not responsible for and will not replace lost or stolen Gift Cards. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Cards must be obtained from Philz or an authorized third party, and you are responsible for safeguarding your Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Gift Card is used without your permission. We are not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
8 Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE 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. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
10 CHANGES TO THESE GIFT CARD TERMS
We may make changes to these Gift Card Terms from time to time in our sole discretion. If we make changes to these Gift Card Terms, we will provide notice of such changes, such as by sending an email notification, providing notice on www.philzcoffee.com (our “Site”), posting the amended Gift Card Terms to our Site, or updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Gift Card Terms will be effective immediately and your continued use of your Gift Card after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Gift Card Terms, you must stop using your Gift Card.
We reserve the right, without notice and in our sole discretion, to suspend or terminate your ability to purchase, receive and/or use Gift Cards if you violate these Gift Card Terms. We may also suspend, terminate or otherwise limit access to your Gift Cards if we suspect fraudulent, abusive or unlawful activity associated with your use of Gift Cards. We are not responsible for any loss or harm related to your inability to use a Gift Card.
The following sections will survive the expiration or termination of these Gift Card Terms: Sections 1, 3, and 7 - 13.
13 CONTACT US
If you have any questions about these Gift Card Terms or our Gift Cards, please contact us at email@example.com.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice; The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.