Presh Hair Boutique® Gift Card Terms & Conditions
Depending on the type of Presh Hair Boutique Gift Card that you have, it may be used for making authorized purchases at participating Presh Hair Boutique® locations in the United States ("Participating Locations") or for making authorized purchases at Participating Locations and online at www.thePreshHair Boutique.com (“Presh Hair Boutique Online”). Presh Hair Boutique Gift Cards will only be sold in and from the United States. Presh Hair Boutique Gift Cards will not be shipped to destinations outside of the United States. A Presh Hair Boutique Gift Card is eligible for redemption at Presh Hair Boutique Online if it contains a pin number and states that it is redeemable “online at PreshHair Boutique.com.”
To redeem your Presh Hair Boutique Gift Card at a Participating Location, present your Presh Hair Boutique Gift Card to the cashier at the time of purchase and the card's available balance will be applied toward your authorized purchase. If your Presh Hair Boutique Gift Card is eligible for redemption at Presh Hair Boutique Online, enter the serial number and pin number located on the back of your Presh Hair Boutique Gift Card in the appropriate field during your online checkout and the card’s available balance will be applied toward your authorized purchase. Presh Hair Boutique Gift Cards may not be used towards the purchase of a Presh Hair Boutique membership or to purchase a Presh Hair Boutique Gift Card.
Presh Hair Boutique Gift Cards have no expiration date and no fees. They are re-loadable up to a maximum value of $500.
Presh Hair Boutique Gift Cards cannot be transferred, exchanged or resold and cannot be redeemed for cash, except where required by law. Presh Hair Boutique Gift Card LLC, its parent, subsidiaries and affiliates ("Presh Hair Boutique") are not responsible for lost or stolen cards or any unauthorized card use. Except as otherwise provided herein, no refunds will be provided on any Presh Hair Boutique Gift Card.
Presh Hair Boutique Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, social media platforms, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Presh Hair Boutique's prior written approval. Such approval shall be conditioned on, among other things, execution of and compliance with Presh Hair Boutique's standard license agreement. If you are ordering more than 100 cards or are interested in using the Presh Hair Boutique Gift Cards for any promotional or charitable purpose, please email info@PreshHairBoutique.com and a representative will contact you, or call us at (877) 379-2279, Monday-Friday, 9 a.m. – 5 p.m (Pacific Time).
Use of Presh Hair Boutique's name, logo, trade dress (including any image/likeness of the Presh Hair Boutique Gift Cards) or trademarks (or those of any of its subsidiaries, franchisees or affiliates) in connection with the purchase or use of Presh Hair Boutique Gift Cards is strictly prohibited. Furthermore, the use of Presh Hair Boutique Gift Cards in any manner that states or implies that any person, Website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Presh Hair Boutique or any of its subsidiaries, franchisees or affiliates is prohibited.
The value on your Presh Hair Boutique Gift Card, monetary or otherwise, will not be replaced if your card becomes lost, stolen, or damaged.
Presh Hair Boutique® EGifts
When you buy or receive a Presh Hair Boutique® EGift, the following additional terms and conditions shall apply. A Presh Hair Boutique® EGift is an electronic version of the Presh Hair Boutique Gift Card that may be purchased online where available or received and/or awarded as a prize in connection with certain Presh Hair Boutique online and social media promotional activities. Presh Hair Boutique® EGifts are not re-loadable and are delivered to the recipient in the form of a fourteen (14) or sixteen (16) digit code via email or on the recipient's designated social media web page, including a Facebook or Instagram page. Presh Hair Boutique® EGifts can only be redeemed by presenting the fourteen (14) or sixteen (16) digit code at Participating Locations (or at Presh Hair Boutique Online if your Presh Hair Boutique® EGift contains a pin number and online purchases are not excluded by the particular promotion as set forth at the time of purchase) by showing a Presh Hair Boutique employee the code on your smartphone or in printed format or by entering the code and pin number into the designated field during your checkout online.
The value of your Presh Hair Boutique® EGift, monetary or otherwise, will not be replaced by Presh Hair Boutique if your Presh Hair Boutique® EGift is lost, stolen or damaged. You should protect your Presh Hair Boutique® EGift account number. If you share your account number, others may redeem the gift resulting in a depletion or total loss of the value of your Presh Hair Boutique® EGift.
Balance and Billing Inquiries
We reserve the right to correct your Presh Hair Boutique Gift Card account if we believe that a clerical, billing, or accounting error occurred. If you have questions or concerns regarding your Presh Hair Boutique Gift Card, including your transaction history, please contact us at (firstname.lastname@example.org)
** Reload your Presh Hair Boutique Gift Card at Participating Locations.
** For email, drop us a line at info@PreshHairBoutique.com.
Delivery of Presh Hair Boutique Gift Cards
Please allow fourteen days for fulfillment and for shipment of your Presh Hair Boutique Gift Card, unless otherwise noted on the Website. Unused Presh Hair Boutique Gift Cards cannot be returned.
By using the Website you acknowledge that technical processing and transmission of the Website, including the information you may enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Presh Hair Boutique and its service providers are not responsible for incorrect or inaccurate transcription of information, for the failure of any information to be received, for problems related to any of the equipment or programming associated with the Presh Hair Boutique Gift Card, for any human error or printing error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or on-line service, or for any other technical or non-technical error or malfunction.
You accept all responsibility for, and hereby agree to indemnify and hold harmless Presh Hair Boutique Gift Card LLC, its parent, subsidiaries and affiliates and each such company's respective officers, directors, employees, shareholders, agents, franchisees and successors, assigns, and service providers, from and against any claims that may arise from actions taken by you or for any unauthorized access to or use or misuse of your Presh Hair Boutique Gift Card.
As a condition of use of the Website and the Presh Hair Boutique Gift Card, you unconditionally consent and agree that except where otherwise provided by law, (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Presh Hair Boutique Gift Card LLC, and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “company entities”) arising out of, relating to, or connected in any way with the Presh Hair Boutique Gift Card, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in San Diego, California; (4) the arbitrator’s decision shall be controlled by the Terms and Conditions of this Website and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Website; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable company entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any company entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Presh Hair Boutique entity exceeds $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Presh Hair Boutique agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at http://www.jamsadr.com
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of you and Presh Hair Boutique in connection with the Presh Hair Boutique Gift Cards, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
Presh Hair Boutique is working with Square ("square") to provide services for Presh Hair Boutique with respect to the Presh Hair Boutique Gift Cards purchased from the Website. Presh Hair Boutique Holdings LLC is the merchant of record associated with payments on the Website, and "Presh Hair Boutique e-commerce" will appear on your credit card or bank statements. Booker is issuing the Presh Hair Boutique Gift Cards purchased from the Website on behalf of Presh Hair Boutique.
Acceptance of Terms
The Presh Hair Boutique Gift Card program has no predetermined termination date and may continue until such time as Presh Hair Boutique decides to terminate the issuance of the Presh Hair Boutique Gift Cards. Presh Hair Boutique may terminate the issuance of Presh Hair Boutique Gift Cards at any time, with or without notice. Presh Hair Boutique may modify any of the terms and conditions governing use of the Presh Hair Boutique Gift Cards at any time, with or without notice, even though these changes may affect your ability to use your Presh Hair Boutique Gift Card, subject to our compliance with applicable laws. Your continued use of the Presh Hair Boutique Gift Cards constitutes your acceptance of any changes to these Terms and Conditions. You are responsible for remaining knowledgeable as to any changes that Presh Hair Boutique may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions of these Terms and Conditions.
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Effective Date: December 31, 2019