PHILZ COFFEE ELECTRONIC GIFT CERTIFICATE PROGRAM TERMS AND CONDITIONS

Last Updated: October 12, 2017

These Philz Coffee eGift Certificate Program Terms and Conditions (“eGift Certificate Terms”) are between you and Philz Coffee, Inc. (“Philz,” “we,” “us,” or “our”) and describe the terms and conditions that apply to your Philz eGift certificate (“eGift Certificate”). By purchasing or using a Philz eGift Certificate, you agree to the following terms and conditions and the terms and conditions of Philz Coffee Terms of Service which incorporates these eGift Certificate Terms.


1 Eligability


You must be at least 18 years of age to purchase or use a Philz eGift Certificate. By purchasing or using a Philz eGift Certificate, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or terminated from the ability to purchase, receive and/or use eGift Certificates, and (d) have full power and authority to enter into these eGift Certificate Terms and in so doing will not violate any other agreement to which you are a party.


2 About Your eGift Certificate


Your eGift Certificate may only be used to redeem eligible merchandise purchased online at philzcoffee.com. Subject to our return policy, if you return merchandise purchased with an eGift Certificate, we will refund your eGift Certificate for the amount of the purchase.


3 Restrictions


Except to the extent required by law, eGift Certificates cannot be resold or redeemed for cash.


4 Fees and Expiration of Certificate Balances


We do not charge any activation, service, dormancy, inactivity, or any other fees in connection with your eGift Certificate. eGift Certificates do not expire.


5 Receipts and Transaction History


We will not send you statements of activity on your eGift Certificate. You can check the balance of your eGift Certificate or review recent transactions on your eGift Certificate by calling (415) 635-2790. You will need to have your eGift Certificate available in order to access your account.


6 Errors, Corrections


We will correct the balance of your Philz eGift Certificate 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 (415) 635-2790. 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.

7 Fraud Associated with Your eGift Certificate or Certificate Balance


We reserve the right to not accept any eGift Certificate 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 Philz Certificate balance beyond our reasonable control. If Philz discovers any eGift Certificate was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted eGift Certificates and retain all related eGift Certificate balances without notice to you and take any other action we deem necessary.

8 Unauthorized Transactions


You should treat eGift Certificates like cash and maintain the security of your eGift Certificate. You are responsible for all transactions on your eGift Certificate, including unauthorized transactions. Philz is not responsible for and will not replace lost or stolen eGift Certificates.

9 Privacy


Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

10 Changes to These Gift Card Terms


We may make changes to these eGift Certificate Terms from time to time in our sole discretion. If we make changes to these eGift Certificate 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 eGift Certificate Terms to our Site, or updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended eGift Certificate Terms will be effective immediately and your continued use of your eGift Certificate after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended eGift Certificate Terms, you must stop using your eGift Certificate.

11 Termination


We reserve the right, without notice and in our sole discretion, to suspend or terminate your ability to purchase, receive and/or use eGift Certificates if you violate these eGift Certificate Terms. We may also suspend, terminate or otherwise limit access to your eGift Certificates if we suspect fraudulent, abusive or unlawful activity associated with your use of eGift Certificates. We are not responsible for any loss or harm related to your inability to use an eGift Certificate.

12 Survival


The following sections will survive the expiration or termination of these Gift Card Terms: Sections 1, 3, and 7 - 12.


13 Contact Us


If you have any questions about these eGift Certificate Terms or our eGift Certificates, please contact us at info@philzcoffee.com and (415) 635-2790.

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.