Giftcard regulation - Intimissimi

”INTIMISSIMI” GIFT CARD TERMS AND CONDITIONS
Effective: February 1st 2022

These terms and conditions (the “Terms and Conditions”) govern physical Intimissimi gift cards (“Store Gift Cards”) and Intimissimi electronic gift cards (“eGift Cards”). Store Gift Cards and eGift Cards may sometimes be collectively referred to herein as “Gift Cards.”

Store Gift Cards

Store Gift Cards are issued by CALZEDONIA U.S.A. INC. in any participating Intimissimi store in the United States. Store Gift Cards may be redeemed at participating Intimissimi bricks-and-mortar stores in the United States (for a list of participating stores, see http://us.intimissimi.com/), and online at http://us.intimissimi.com/. Upon purchase, Store Gift Cards are activated immediately. Store Gift Cards may be used towards the purchase of eligible Intimissimi-branded goods for up to the value of the Store Gift Card, in one or more transactions. Upon each purchase, the amount of the purchase will be deducted from the balance of the Store Gift Card. All items purchased with a gift card are not eligible for a cash refund.

eGift Cards

eGift Cards are issued by CALZEDONIA SPA at http://us.intimissimi.com/ only. eGift Cards may be redeemed exclusively online at http://us.intimissimi.com/; provided, however, that any eGift Card may be converted to a Store Gift Card for use at participating Intimissimi bricks-and-mortar stores in the United States prior to its first use by visiting a participating Intimissimi store and requesting conversion. eGift Cards which have already been used may not be converted into Store Gift Cards. eGift Cards may be used towards the purchase of eligible Intimissimi-branded goods for up to the value of the eGift Card. Upon each purchase, the amount of the purchase will be deducted from the balance of the eGift Card.

Checking Your Balance

Gift Card balances, along with all transactions made using the Gift Card, may be reviewed by the holder at any time, either online at http://us.intimissimi.com/ or by asking a representative at one of the participating Intimissimi bricks-and-mortar stores.

Purchasing Gift Cards

Gift Cards are available for purchase in variable amounts, from a minimum of $25.00USD to a maximum of $1,000.00USD. The purchase price shall be the value of the Gift Card and no sales tax shall be applied at purchase. Gift Cards may not be purchased at a discount or through a promotion of any kind, including payment by voucher or another Gift Card. By purchasing a Gift Card, you agree that it shall be for private use by you or by the recipient of the Gift Card and shall not be for any commercial use or for resale.

Card Holder Rights

No activation, use or dormancy fees apply to Gift Cards. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash.

Duration

Gift Cards do not expire.

Risk of Loss

The risk of loss and title for Gift Cards pass to the purchaser upon purchase. CALZEDONIA U.S.A. INC. is not responsible if any Gift Card is lost, stolen, damaged or destroyed. The balance of any lost, stolen, damaged or destroyed Gift Cards will not be replaced or refunded. CALZEDONIA U.S.A. INC. is not liable to the purchaser or the holder for any improper, un-authorized or fraudulent use of his or her Gift Card by a third party. CALZEDONIA U.S.A. INC. is not liable to the purchaser or holder for the use or malfunction of any Gift Card, and you hereby knowingly release CALZEDONIA U.S.A. INC. and its affiliates, subsidiaries and their respective officers, directors, shareholders, employees, agents and representatives from any and all liability or claims of any nature arising in connection with use of Gift Cards.

LIMITATION OF LIABILITY

CALZEDONIA U.S.A. INC. AND ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES 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. IN NO EVENT SHALL CALZEDONIA U.S.A. INC.’S LIABILITY TO THE CUSTOMER EXCEED THE VALUE OF THE GIFT CARD. CERTAIN STATE 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.

Notices

Any notifications and/or complaints regarding Gift Cards may be sent using the following link: http://us.intimissimi.com/ - “contact us”, or by registered mail with return receipt requested to CALZEDONIA U.S.A. INC. at 350 Fifth Avenue, 41st Floor, New York, NY 10118.

No Modifications

No modifications to any Gift Card terms, including those on the Gift Card and these Terms and Conditions, shall be accepted by or binding upon CALZEDONIA U.S.A. INC. CALZEDONIA U.S.A. INC. reserves the right to refuse to honor Gift Cards if it determines, at its sole discretion, that the Gift Card has been altered, tampered with or bears any indications other than the pre-printed indications. These Terms and Conditions are subject to change from time to time without notice.

Disputes

The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Conditions, including, without limitation, their validity, interpretation, construction, performance, and enforcement. With respect to international sales, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions. Any controversy or claim arising out of or relating to Gift Cards shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 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, the parties waive any rights to a jury trial.

General Terms

CALZEDONIA U.S.A. INC.’s terms and conditions of sale apply to the purchase of all Intimissimi-branded products using Gift Cards. Please find the terms and conditions of sale here http://us.intimissimi.com/. These Terms and Conditions constitute the entire and final agreement between the parties with regard to the subject matter hereof. No modification, amendment, rescission, waiver or other change in these Terms and Conditions shall be binding upon CALZEDONIA U.S.A. INC. unless specifically agreed to in writing by CALZEDONIA U.S.A. INC. The invalidity or unenforceability, in whole or in part, of any provision herein shall not affect the validity or enforceability of any other provision herein. Failure or delay on the part of CALZEDONIA U.S.A. INC. to exercise any right, power, privilege or remedy herein shall not constitute a waiver hereof.