BAUER DIGITAL GIFT CARD TERMS AND CONDITIONS
These Bauer Digital Gift Card Terms and Conditions (“Gift Card Terms”) govern all Bauer Digital Gift Card (“Bauer Gift Card”) transactions (each a “Bauer Gift Card Transaction”), including without limitation purchases of Bauer Gift Cards by the original purchaser (“Purchaser”), authorized transfers of Bauer Gift Cards to a recipient (“Recipient”), and using Bauer Gift Cards to purchase merchandise on bauer.com (the “U.S. Bauer Website”) or ca.bauer.com (the “Canadian Bauer Website”) (the U.S. Website and Canada Website collectively referred to herein as the “Bauer Website”). Gift Cards purchased on the U.S. Bauer Website are only redeemable on the U.S. Bauer Website and Gift Cards purchased on the Canadian Bauer Website are only redeemable on the Canadian Bauer Website. Each Bauer Gift Card Transaction is also governed by Bauer’s Terms of Use, Warranty, Security Policy and Privacy Policy. By engaging in a Bauer Gift Card Transaction, “you” (which may be the Purchaser or the Recipient, depending on the situation and context) agree to these Gift Card Terms, which constitute a binding agreement between you and Bauer Hockey, LLC in the U.S. and Bauer Hockey Ltd. in Canada, as applicable (each “Bauer, ” “we,” or “our”). If you do not agree with these Gift Card Terms, do not purchase, accept or use a Bauer Gift Card.
NOTE: TO THE FULLEST EXENT PERMITTED BY LAW, THESE GIFT CARD TERMS CONTAIN A CONFIDENTIAL MANDATORY ARBITRATION AGREEMENT IN SECTION 15. YOU UNDERSTAND AND AGREE THAT BY ENTERING A BAUER GIFT CARD TRANSACTION, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Bauer Gift Card redemption. (i) Bauer Gift Cards are redeemable only for merchandise sold on the Bauer Website. (ii) If the amount of your Bauer Gift Card does NOT cover the total amount of your order, you will need to pay for the remainder of your purchase with a valid credit or debit card. (iii) If the amount of your Bauer Gift Card is for MORE than your total order amount, the balance will remain on that same Bauer Gift Card.
- Limitations. (i) Bauer Gift Cards are not transferrable, and are not returnable, refundable, or redeemable for cash, except as required by applicable state, provincial or territorial law. (ii) Purchasers or Recipients cannot resell Bauer Gift Cards; however, a Purchaser can gift a Bauer Gift Card to a Recipient. (iii) You may not use a Bauer Gift Card for Bauer merchandise at another retailer, even if that retailer sells BAUER branded merchandise. (iv) You cannot consolidate or combine multiple Bauer Gift Cards. (v) Purchases of Bauer Gift Cards do not count as a “Qualifying Purchase” under the terms and conditions of the BAUER MVP Loyalty Program.
- Gift Cards sales tax charges. Bauer does not charge sales tax on purchases of Bauer Gift Cards. However, we do include applicable sales tax on Bauer Website purchases using a Bauer Gift Card when the order is shipped to an address in a state, province or territory that collects sales tax.
- Returns. If a purchase is made using a Bauer Gift Card and then one or more items is returned from that purchase in compliance with the Bauer Return Policy, Bauer will credit the value of the return first to the Bauer Gift Card used in connection with the original purchase transaction (up to the amount of the Bauer Gift Card used for the original purchase), with any additional balance due in connection with the return applied to the credit or debit card used in connection with the original purchase transaction. If the credit/debit card used in the original transaction is no longer valid, 100% of the return will be applied to the Bauer Gift Card. The credit will be issued after we receive and inspect the returned product.
- Lost or Stolen Gift Cards. Lost or stolen Bauer Gift Cards will not be replaced. Bauer Hockey, LLC, Bauer Hockey Ltd., and their respective affiliates, subsidiaries, employees, officers, directors, shareholders and assigns (collectively “Released Parties”) will not have any liability to you for (i) lost or stolen Bauer Gift Cards or (ii) use of any Bauer Gift Cards by third parties.
- Bauer Gift Card balance inquiries. You can review your Bauer Gift Card balance online at bauer.com/pages/check-gift-card-balance if you are in the U.S. and ca.bauer.com/pages/check-gift-card-balance if you are in Canada.
- Reasons for Failed Delivery of Gift Cards. Bauer Gift Cards are delivered via email. On occasion, delivery fails. If you need further assistance, please contact Bauer Customer Service. Please refer to your order number, or be ready to supply your email address.
- Expiration, Fees and Escheat. Bauer Gift Cards do not expire and have no fees. Bauer may be required to remit the cash value of a Bauer Gift Card's unused balance to a state, provincial or territorial government pursuant to the state, provincial, territorial’s abandoned property, or escheat laws. If we have remitted the unused balance of your Bauer Gift Card to such a state, province or territory, the Bauer Gift Card will have a zero balance in our records and you will no longer be able to redeem the Bauer Gift Card; however, you may be able to file a claim to reclaim your escheated property. Please contact your state/province/territory's unclaimed property department for guidance.
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Disclaimer of Warranties and Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BAUER GIFT CARDS AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, BAUER AND THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, ARISING FROM THE BAUER GIFT CARDS OR YOUR USE OF THE BAUER GIFT CARDS OR ANY PRODUCTS OR SERVICES RELATED THERETO, INCLUDING DIRECT, INDIRECT, THIRD PARTY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, BAUER AND THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR OR IN CONNECTION WITH: (i) YOUR USE OF ANY BAUER GIFT CARDS OR PRODUCTS OR SERVICES RELATED TO THE BAUER GIFT CARDS, OR (ii) ANY UNLAWFUL, UNAUTHORIZED, OR FRAUDULENT CONDUCT BY YOU OR BY ANY THIRD PARTY RELATED TO ANY BAUER GIFT CARD.
CERTAIN STATE, PROVINCIAL AND TERRITORIAL LAWS DO NOT ALLOW 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. - Maximum Purchase. Unless you have entered into a separate written agreement with Bauer for the bulk purchase of Bauer Gift Cards, you agree that you shall not purchase or otherwise obtain more than $5,000 in total Bauer Gift Card value in any one day.
- Deactivation; Suspension. Bauer reserves the right to deactivate, suspend, or refuse to honor any Bauer Gift Card in the event of failure of consideration, such as a disputed credit card charge, or if Bauer suspects the Bauer Gift Card was obtained or is being used fraudulently.
- Compliance with laws. By purchasing a Bauer Gift Card, you are certifying and representing to Bauer that the activities in connection with which the Bauer Gift Card will be used will comply with these Gift Card Terms, and all applicable laws, rules and regulations.
- Governing Law. Except in the Province of Quebec, when you purchase, receive, or redeem a Bauer Gift Card, you agree that laws of the State of New Hampshire, U.S.A. shall govern your transaction, and that these Gift Card Terms shall apply, without regard to principles of conflicts of laws. In the Province of Quebec, when you purchase, receive, or redeem a Bauer Gift Card, you agree that laws of the Province of Quebec shall govern your transaction, and that these Gift Card Terms shall apply, without regard to principles of conflicts of laws.
- Updates to Terms and Conditions. Bauer may update these Gift Card Terms at any time by posting updated Gift Card Terms on the Bauer Website.
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Dispute Resolution and Arbitration; Class Action Waiver. In the interest of resolving disputes between you and Bauer in the most expedient and cost effective manner and to the fullest extent permitted by law, you and Bauer agree that any and all disputes arising out of or in connection with your Bauer Gift Card and all related transactions will be resolved by confidential binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of the Bauer Gift Card and all related transactions, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of when the claims arise.
To the fullest extent permitted by law, you and Bauer agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Purchasers, Recipients or users of Bauer Gift Cards. - Miscellaneous. You are solely responsible for any federal, state, provincial, territory, municipal or local taxes and/or government fees that may be imposed in connection with the Bauer Gift Cards. No delay or failure by Bauer to enforce any of these Gift Card Terms shall be a waiver of any of our rights under these Gift Card Terms. The invalidity or unenforceability of any provision(s) of these Gift Card Terms shall not affect the validity or enforceability of any other provision. In the event that any provision of these Gift Card Terms is found to be invalid or unenforceable, the remainder of these Gift Card Terms shall be construed as if the invalid or unenforceable provision was not contained therein. The headings used in these Gift Card Terms are for convenience only, are not a part of this agreement, and do not affect the interpretation of any of the provisions of these Gift Card Terms. Any reference to the term "including" means "including, without limitation. The provisions regarding disclaimer of warranties, limitation of liability, arbitration agreement, prohibition of class and representative actions and non-individualized relief, and these miscellaneous provisions shall survive termination of the Gift Card Terms.
