1. General
These terms and conditions apply to Nixon Gift Cards purchased at the Nixon website ("e-Gift Card"). By purchasing, using or accepting Gift Cards you accept these terms and conditions (“Terms and Conditions”). Nixon 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 nixon.com. Gift Cards are not refundable or redeemable for cash except as required by law. Void where prohibited or restricted by law.
Gift Cards may be used online at nixon.com. You can use the Gift Cards to pay for the full value or part of the value of your selected item(s). You must present an e-Gift Card e-mail with barcode or other valid barcode.
Gift Cards may only be purchased by residents of the U.S. No service fees or expiration dates apply to Gift Cards. We reserve the right to require additional verification of your identity, Gift Card or account ownership, or provision of an additional payment instrument, before you are able to apply a 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. Nixon will not be liable for any failure or delay in delivery of a Gift Card.
If you order an e-Gift Card you are obligated to provide a correct email address for delivery. If the address you have provided cannot be confirmed, Nixon reserves the right to withhold the delivery of the Gift Cards.
3. Validity
Each purchase of Gift Cards is limited to a maximum value of $550. The minimum value for Gift Cards is $25. The 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 Gift Card is invalid and cannot be activated or used again.
The Gift Cards may not be resold in any manner whatsoever. The Gift Cards may not be used towards the purchase of any gift certificates or gift cards.
Nixon reserves the right, without notice to you, to void 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 a Gift Card is obtained, used, or applied to a Nixon account fraudulently, unlawfully, or otherwise in violation of these Terms and Conditions.
4. Return
If you used a Gift Card together with another payment method, a refund to the Gift Card will be issued before refund to other payment methods.
5. Limited Liability
Nixon cannot be held liable for Gift Cards once activated, which subsequently are lost, stolen, inactivated or damaged. Treat your Gift Cards as cash.
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.
5. Privacy Policy and Terms of Use
You can find our full Privacy Policy and Terms of Use here: Privacy Policy & Terms of Use.
7. Customer Service
Please direct any inquiries to support@nixon.com or call us at (888) 455-9200.
8. Disputes
Any dispute or claim relating in any way to 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.
9. Additional Terms
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that may arise between you and Nixon. 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.
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