St. John Fish Exchange eGift

eGift Card Customer Terms and Conditions – English

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THE LEGAL TERMS AND CONDITIONS HEREINAFTER. IF YOU DO NOT AGREE TO THESE LEGAL TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE.

Purchases
In order to purchase eGift cards displayed on this website you will be requested and sometimes required to enter certain information, which includes credit card and related payment and billing information. In the act of providing such information, you warrant that it is both current and accurate. The act of making a purchase (even under consideration that the electronic signoff is somehow avoided), confirms that you agree to pay all charges incurred by yourself or users of your credit card.

Certain data relative to the activity of your user session may be collected. This information as well as information provided through the process of purchasing a product may be used by Merchant. Please review our Privacy Policy for privacy related terms.

Merchant reserves the right to refuse an order for any reason. eGift cards can be redeemed at any of Merchant’s stores [or website] per their rules and limitations of usage. eGift cards are never valid for prior purchases. Purchases with Merchant that go beyond the value of your eGift card will be the responsibility of the customer.

Customers are responsible for notifying Merchant if an eGift card has not been received within one (1) week of the date that the delivery notification was sent.

If you wish to add a personalized message to a eGift card, simply type your message in the ‘Message’ field on the Gift Card preview. Personal messages are limited in length to the space provided on the Gift Card. There is no additional charge to include a personalized message. You shall not use any personalized message that is inappropriate, offensive or otherwise objectionable and will be solely responsible for any losses, damages, costs or claims associated with the personalized message.

Delivery information and requirements for eGift card purchasers.

Orders of eGift cards are subject to a process that compares purchaser information provided on the website with information about the purchaser provided by his/her financial institution. In the event of a discrepancy, your eGift card order may be delayed until it can be corrected.

If the date you want a eGift card delivered has passed and you have not received confirmation that the eGift card was sent, please contact Customer Support.
We are not responsible for eGift cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please verify to ensure that the email address of the recipient is correct and contact Customer Support if you believe the recipient did not receive his/her eGift card.

Reasons for Failed Deliveries
If you have confirmed the recipient’s email address but the eGift card has not been viewed within a reasonable period after the requested delivery date, the most common reasons why the delivery may have failed are as follows:
• Recipient’s firewall blocked the email
• Spam filter blocked email or routed it to a bulk/spam folder
• Email inbox is over size limit
• Invalid email address

If a spam filter is blocking eGift card emails from getting to an inbox, the email options will need to be modified so that eGift card emails are not considered spam. If you need further assistance, please contact Customer Support.

Returns
Unless otherwise required by law, eGift cards cannot be returned or redeemed for cash. No change will be given for any unused balance on the eGift card. Please contact us if you have concerns or issues regarding a purchase or have questions regarding our return policy.

Lost or Stolen eGift Cards
eGift cards lost or stolen after having been received will be replaced so long as the card is still unused within the Merchant’s system, and it is possible to revoke the previously issued card. eGift cards will not be replaced if lost or stolen without the purchaser’s confirmation email and proof of payment. eGift cards have cash value and must be safeguarded accordingly.

If your eGift card has been reported lost or stolen and has been used within the Merchant’s system, an investigation will be conducted. Merchant may require that the customer sign an affidavit with a notary public relative to the missing product. To begin an investigation into such an issue, please contact us.

Expiration
Merchant’s eGift cards have no expiration date and no maintenance or activation fees.

Limitation
You may not use your eGift card to purchase other eGift cards. eGift cards cannot be reloaded, transferred, resold or redeemed for cash.

Risk of Loss
Ownership and risk of loss of eGift cards passes to the purchaser from the moment we send our confirmation to the recipient. We are not responsible for lost or stolen eGift cards.






Limitation of Liability
THE MERCHANT DOES NOT MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO EGIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A EGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE MERCHANT’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD TO THE VERIFIED REMAING BALANCE OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE EVENT THAT THE MERCHANT BECOMES INSOLVENT, MAKES A GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS, FILES A VOLUNTARY PETITION OF BANKRUPTCY, SUFFERS OR PERMITS THE APPOINTMENT OF A RECEIVER FOR ITS BUSINESS OR ASSETS, OR BECOMES SUBJECT TO ANY PROCEEDINGS UNDER ANY BANKRUPTCY OR INSOLVENCY LAW, WHETHER DOMESTIC OR FOREIGN, OR HAS WOUND UP OR LIQUIDATED, VOLUNTARILY OR OTHERWISE, ANY OUTSTANDING GIFT CARD BALANCES (AND REMAINING BALANCES ON SUCH CARDS) WILL BE REDEEMABLE ONLY AT THE DISCRETION OF AND TO THE EXTENT DEEMED APPROPRIATE BY THE MERCHANT’S TRUSTEES OR APPOINTED LIQUIDATORS.

Warranties
THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

Indemnification
You agree to defend, indemnify and hold harmless the Merchant and its respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of your use of this site.

Trademarks
You may not use the trademarks, logos, service marks or other proprietary designations of the Merchant or their partners or affiliates without containing prior written consent.

Disputes and Governing Law
Any dispute relating to the purchase of eGift cards shall be adjudicated in the jurisdiction of the Merchant’s Canadian headquarters. The applicable governing law shall be the jurisdiction of the Merchant’s Canadian headquarters.