By purchasing, accepting or using the BKLYN CBD Gift Card in physical or digital form ("Gift Card") and in consideration for your right to use the Gift Card, you agree to be bound by these terms and conditions (the "Terms and Conditions") and the terms and conditions contained in the BKLYN CBD use agreement (the "BKLYN CBD User Agreement"). In these Terms and Conditions, "you" and "your" means the cardholder who has purchased or received a Gift Card. "We" or "our" means BKLYN CBD Gift Card Services, and Brooklyn CBD LLC, as applicable.
The terms and conditions of the BKLYN CBD User Agreement are incorporated herein by reference. Please be advised that the BKLYN CBD User Agreement contains provisions that govern how claims you and we have against each other are resolved (see section entitled "Legal Disputes" in the BKLYN CBD User Agreement). It also contains an arbitration agreement section entitled "Agreement to Arbitrate", which will, with limited exceptions, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the arbitration agreement (see the "Legal Disputes" provision in the BKLYN CBD User Agreement). In the event of any conflict between these Terms and Conditions and those contained in the BKLYN CBD User Agreement, these Terms and Conditions shall prevail.
- You must have an BKLYN CBD account with a registered address in the U.S., and a U.S. shipping address to redeem the Gift Card. If you attempt to circumvent this or any of these Terms through technical means or otherwise, BKLYN CBD may, in its sole discretion take steps to cancel your transaction and/or terminate your BKLYN CBD account. For security purposes, you may be required to enter credit card or bank account information to open an BKLYN CBD account.
- You must be 18 years of age to buy or use a Gift Card.
- You may be required to have a PayPal account for certain transactions. Use of your PayPal account is subject to the PayPal User Agreement.
- Invalid or unidentifiable Gift Card numbers will not be redeemed.
- As a security feature, upon first use the Gift Card (including funds on the Gift Card) links to the BKLYN CBD account associated with the Gift Card's first use and becomes non-transferable.
- The Gift Card may only be used for purchases on bklyncbd.com.
- The Gift Card is not refundable or redeemable for cash or credit, unless required by law.
- The Gift Card may be used to make purchases only up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by law.
- If you want to use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.
- The Gift Card may not be used to pay BKLYN CBD service fees. The Gift Card also may not be used to buy BKLYN CBD Gift Cards, third party gift cards, gift certificates, coupons, coins, paper money, virtual currency, or items generally considered to be "bullion" (for example, gold, silver, and other precious metals in the form of coins, bars, or ingots).
- No more than a total of $100 in Gift Cards may be redeemed per day, and no more than a total of $150 in Gift Cards may be redeemed per calendar month. Further, you may only redeem a maximum of four Gift Cards in any single transaction (and fewer if you are redeeming Gift Cards in combination with other redemption codes, such as coupons or vouchers).
- The Gift Card is not redeemable outside the U.S. or its Territories.
Disclaimer of Warranties; Limitation of Liability
- WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE BKLYN CBD USER AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARD OR ANY PURCHASES MADE WITH THE GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
- IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN THE BKLYN CBD USER AGREEMENT, YOU AGREE THAT WE AND OUR RESPECTIVE AFFILIATES SHALL HAVE NO LIABILITY FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE AFFILIATES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY; (B) ANY CIRCUMSTANCES BEYOND OUR CONTROL; (C) THE USE OF THE GIFT CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE; (D) THROUGH NO FAULT OF OURS, YOUR NOT HAVING SUFFICIENT FUNDS ON A GIFT CARD TO COVER A TRANSACTION; OR (E) INABILITY TO USE A GIFT CARD BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY. YOU AGREE THAT WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE. The laws of certain states or other jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you. NOTWITHSTANDING THE FOREGOING AND THE DISCLAIMER OF WARRANTIES IN THE BKLYN CBD USER AGREEMENT AND IN SECTION 11 OF THESE TERMS AND CONDITIONS, IN THE EVENT THAT WE OR OUR RESPECTIVE AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT LOADED ONTO YOUR GIFT CARD.
- The funds on the Gift Card do not expire unless stated otherwise. No fees apply.
- Protect the Gift Card like cash. Lost, stolen or damaged Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law.
- We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card if we suspect fraud, unlawful activity or improper Gift Card use. You agree that you will not use a revoked Gift Card.
- The Gift Card is not a credit, debit, or charge card. No implied warranties attach to it.
- Use of the BKLYN CBD services is subject to BKLYN CBD's User Agreement. Gift Card users must be 18 years of age or older. Gift cards and their orders can only be shipped to a U.S. address.
- The Gift Card is issued by BKLYN CBD Gift Card Services, Inc., a New York LLC , which reserves the right to change the terms of the BKLYN CBD Gift Card program or amend these Terms and Conditions at any time or to contract with a third party to administer this program. Any amendment to the Terms and Conditions will be effective when posted on bklyncbd.com.
- We may assign these Terms and Conditions at any time without notice to you. However, if we assign the Terms and Conditions, the Terms and Conditions will remain substantially the same unless you are notified.