ELECTRONIC GIFT CARD TERMS AND CONDITIONS
The following Electronic Gift Card Terms and Conditions (“Agreement”) set forth the terms and conditions that apply to the purchase and use by you of shopLAPOINTE.com Electronic Gift Cards (“Gift Cards”). This Agreement is between you, the Cardholder, and S. Love LLC ("LAPOINTE").
IMPORTANT: BY PURCHASING, ACCEPTING OR USING YOUR GIFT CARD, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT PURCHASE, ACCEPT OR USE A GIFT CARD. THIS AGREEMENT INCLUDES RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. PLEASE REVIEW THE PROVISIONS REGARDING ARBITRATION BEFORE PURCHASING, ACCEPTING OR USING A GIFT CARD.
Buying a Gift Card
A Gift Card can be purchased on the e-commerce site www.shopLAPOINTE.com ("Site"), like any product, upon payment by a customer, of an amount not less than $ 50.00.
Gift Cards may be loaded with a maximum amount of $2,500.00. Gift Cards are not reloadable.
Coupons and other discounts cannot be applied to purchases of Gift Cards and sales tax shall not be applied to purchases of Gift Cards. All standard methods of payment other than Gift Cards can be used for the purchase of Gift Cards. Available payment methods will be made available at checkout on the Site. NO REFUNDS ARE PERMITTED WITH RESPECT TO THE PURCHASE OF GIFT CARDS.
After the successful purchase of the Gift Card, an email will be sent to the customer confirming the activation of the Gift Card with the confirmation of the amount put on the Gift Card. The amount put on the Gift Card does not accrue interest.
Using a Gift Card
LAPOINTE reserves the right to change the terms of this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on https://shoplapointe.com/policies/terms-of-service. THE CONTINUED USE BY YOU OF YOUR GIFT CARD AFTER THE POSTING OF ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
The Gift Card allows you to purchase any product available at the time of its use on the Site up to the value of the Gift Card. No additional costs are required for its activation and use. The Gift Card can only be redeemed on the Site exclusively in the country in which the card was issued.
The Gift Card is equivalent to cash only for the purpose of making purchases on the Site. Gift Cards have no cash value and cannot be converted into cash and cannot, under any circumstances, be returned to LAPOINTE with a request for reimbursement of the amount put on the Gift Card. The Gift Card will not be replaced if it is lost, stolen, altered or destroyed. LAPOINTE is not responsible for the unauthorized use of any Gift Card.
The Gift Card may only be used on the Site. Gift Cards cannot be redeemed in any department stores or brick-and-mortar retail stores.
The Gift Card cannot be used to purchase additional or other Gift Cards. You cannot transfer the balance on one Gift Card to the balance on another Gift Card. The LAPOINTE Gift Card can be used in whole or in part. The LAPOINTE Gift Card can be reused several times until the credit put on the Gift Card has been used up. You will lose any unused funds (the “Balance”) on the LAPOINTE Gift Card two years after the date of issue.
During each purchase, the credit on the Gift Card will be automatically deducted, until the Balance on the Gift Card is completely used up. If the Balance of the Gift Card is not sufficient to cover the total amount of the purchase, it is possible to top up the purchase using other payment methods available on the Site.
The risk of loss and ownership of the Gift Card is with the purchaser or designated recipient, as appropriate. The responsibility for use and custody is solely with the holder of the Gift Card where they are different to the purchaser or designated recipient. In the event of theft, loss, damage or unauthorized use, the Gift Card cannot be refunded by LAPOINTE.
In the event that a fraudulently generated or obtained LAPOINTE Gift Card is used to make purchases on the Site, we reserve the right to close customer accounts and to take any appropriate and legal further action to secure payment. LAPOINTE reserves the right to refuse to honor the redemption of a Gift Card where LAPOINTE suspects that such Gift Card was obtained or manipulated in a fraudulent or otherwise unlawful manner.
Products purchased with the LAPOINTE Gift Card are subject to the same exchange and return policy as any other products purchased on the Site. If a product purchased with the Gift Card is to be returned, LAPOINTE shall issue the refund by either crediting the existing Gift Card or sending a Gift Card to the e-mail address of the customer who made the purchase with the Gift Card.
For US Gift Cards: For Gift Cards purchased in the United States of America (“US Gift Cards”), US Gift Cards do not expire before two years from the date of issue. However, these expiration terms do not apply to any Gift Cards issued in the states of CA, CT, FL, ME, MA, MN, MT, NH, ND, RI, OR, VT, WA or in any other jurisdiction solely to the extent prohibited or limited by law (the “Exempt States”). Gift Cards do not expire in these Exempt States. This LAPOINTE Gift Card cannot be redeemed for cash, except in jurisdictions where and as required by law.
LAPOINTE AND ITS AFFILIATES 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. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You and LAPOINTE agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of a Gift Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual binding arbitration, except that you or LAPOINTE may take claims to small claims court if they qualify for hearing by such a court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions set forth in this Agreement.
You and LAPOINTE agree that any arbitration under this Agreement shall take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. You and LAPOINTE agree to waive the right to trial by jury. This Agreement evidences a transaction in interstate commerce and, as such, the Federal Arbitration Act and federal arbitration law governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything herein to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and LAPOINTE both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis. Reasonable attorneys’ fees and expenses shall be awarded only to the extent such allocation or award is available under applicable law.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to LAPOINTE’s registered agent for service of process. The arbitration shall 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 shall be governed by the AAA rules, except that for claims of less than $1,000, you shall be obligated to pay $25 and LAPOINTE shall pay all other administrative costs and fees. In addition, for claims of less than $1,000, LAPOINTE shall reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses shall be awarded only to the extent such allocation or award is available under applicable law.
Upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by AAA rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Judgment on the award may be entered in any court of competent jurisdiction. You also agree that LAPOINTE may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law and Jurisdiction
In any circumstances where the agreement to arbitrate permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue in New York and waive any defenses or objections based on lack of jurisdiction, improper venue and forum non conveniens.
The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by LAPOINTE, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.
For more information, please contact LAPOINTE customer services at customercare@shopLAPOINTE.com or write to us at the following address:
31 HOWARD ST. 3rd FLOOR
NEW YORK, NY 10013