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MicroPerfumes E-Gift Card Terms and Conditions


E-Gift Card / microPoint

E-Gift Cards can be purchased online at https://microperfumes.com/?page=micropoints. When you purchase an E-Gift Card you will receive microPoints. You will receive one (1) microPoint for every one cent ($.01) you purchase on an E-Gift Card. microPoints may be redeemed for merchandise only online at microperfumes.com. If you return merchandise originally purchased with a microPoint, any refund will be issued back as a microPoint. Any merchandise purchased with an microPoint is subject to the applicable online return policies. Purchases with microPoints will be deducted from the amount of this E-Gift Card until the value reaches zero. microPoints may not be used or redeemed with certain promotional offers. You may not use microPoints to purchase other E-Gift Card. By purchasing this E-Gift Card, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement.

To Purchase an E-Gift Card

E-Gift Cards are available for purchase here. The recipient of the E-Gift Card must login into microperfumes.com with the same email that the sender provided (and where the recipient received the E-Gift Card to) redeem the E-Gift Card and use the microPoints.

View Your Balance

To view your E-Gift Card balance, follow the instructions on the page linked from the email message which notified you of your E-Gift Card.

Returning or canceling your E-Gift Card

You may not return or cancel your E-Gift Card after it is received. If the purchaser of an E-Gift Card wishes to cancel an E-Gift Card purchase order prior to delivery to its recipient, the purchaser should contact Customer Support at prior to the delivery date selected during the purchase process.

Lost or Stolen Gift Cards

Lost or stolen E-Gift Cards / microPoints cannot be replaced.

Risk of Loss

Ownership and risk of loss of E-Gift Cards passes to you as soon as we send a confirmation receipt to the recipient of the E-Gift Cards. We are not responsible for lost or stolen E-Gift Cards.

Customer Service

If you need assistance with any aspect of the purchase, ownership, or use of your E-Gift Card, please contact Customer Support here.

Delivery Information and Requirements for E-Gift Card Purchasers

All orders of E-Gift Cards are subject to a process that compares the purchaser`s information provided to us with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your E-Gift Card order may be delayed until it can be corrected. We are not responsible for E-Gift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient of the E-Gift Card is correct and contact Customer Support if you suspect the recipient of the E-Gift Card did not receive his/her E-Gift Card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.

Personalized Messaging

If you wish to add a personal message when purchasing an E-Gift Card, simply type your message in the Message field. Personal messages are limited in length to the space provided on the E-Gift Card. There is no additional charge to include a personalized message. We may not read every message but if we find inappropriate, offensive, or otherwise objectionable messages, we reserve the right to replace it.

Disclaimer

The materials on the website are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. We expressly disclaim any duty to update or revise the materials on the websites, although such materials may be modified at any time without notice. Your use of the website is at your sole risk and you assume full responsibility for any costs associated with your use of the website. We shall not be liable for any damages of any kind related to your use of the website.

Indemnification

You agree to defend, indemnify and hold MicroPerfumes harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website and/or your breach of any representation, warranty, or other provision of the Agreement. If an E-Gift Card code is non- functional, your sole remedy against us and our sole liability shall be the full replacement of such E-Gift Card.

Dispute Resolution by Binding Individual Arbitration

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS before a retired judge in Los Angeles County, California under the applicable JAMS arbitration rules and will be administered by the before a single retired judge. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors' rights in and to intellectual property or confidential information.

Class Action Waiver

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM(S).

Applicable Law

IN CONSIDERATION FOR PARTICIPATING IN THE PROGRAM, YOU AGREE THAT THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF CALIFORNIA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST PERFUME VENTURES, INC. ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM.