Crocs Gift Card
Card Terms/Conditions (separate from the Card):
Effective Date of this version: December 1, 2009
Updated: September 15, 2010
IMPORTANT – PLEASE READ, print and retain a copy of these card terms/conditions for your records.
The following describes the terms and conditions that apply to Crocs Gift Cards. By purchasing or using your Crocs Gift Card you agree to all of the terms and conditions contained herein.
DORMANCY FEE. Crocs Gift Cards are subject to monthly dormancy fees. The fee is only charged if you do not increase or decrease the balance of your Crocs Gift Card for 12 consecutive months. After 12 consecutive months of non-use, a $2.00 service fee will be deducted each month from any balance on your Crocs Gift Card, except where prohibited by applicable law.
EXPIRATION DATE. Funds on your Crocs Gift Cards are subject to expiration. After 5 consecutive years of non-use, any balance on your Crocs Gift Card will expire and become void unless specifically prohibited by applicable law. If your funds expire, any unused balance will be handled according to applicable state escheatment law.
OTHER TERMS. The Crocs Gift Card is issued to you by Crocs Retail, Inc. It allows you to load a dollar value onto your Crocs Gift Card for purchases of retail merchandise at Crocs-owned stores in the U.S., Crocs-owned kiosks in the U.S. (“Participating Locations”), and online at www.crocs.com.
For a list of Participating Locations and addresses, go to www.crocs.com/stores.
The dollar value that you load onto your Crocs Gift Card is a pre-payment only for the goods and services of Participating Locations. Your Crocs Gift Card is not a credit card or credit line and no deposit account is associated with a Crocs Gift Card. The value associated with the Crocs Gift Card is not insured by the Federal Deposit Insurance Corporation (FDIC). There are no fees when using the Crocs Gift Card for purchase of goods or services at Participating Locations. Unless otherwise required by law or permitted by these terms and conditions, any amount on your Crocs Gift Card is non-refundable and may not be redeemed for cash. No interest, dividends, or any other earnings on funds loaded to a Crocs Gift Card will accrue or be paid or credited to you by Crocs Retail, Inc.
These terms and conditions are the complete and exclusive statement of agreement between you and Crocs Retail, Inc., and supersedes any and all prior information, proposals and all agreements regarding Crocs Gift Cards. In the event that any provision of these terms and conditions are determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of these terms and conditions.
We reserve the right not to accept any Crocs Gift Card or otherwise limit use of a Crocs Gift Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
LOADING VALUE ON YOUR CARD. You can load a dollar value on the Crocs Gift Card by using a credit card, debit card or cash by visiting any Participating Locations. You may not load more than $500 worth of value to your Crocs Gift Card. The minimum amount that must be loaded onto your Crocs Gift Card is $10.00 at Participating Locations. You may only add value in $10, $25, $50 and $100 increments. Crocs Retail, Inc. may change the maximum and minimum amounts at any time by notifying you at Participating Locations or by any other reasonable manner including posting notice at www.crocs.com/giftcard, and such change shall not constitute an amendment to these terms and conditions.
You can check the balance by request at a Participating Location or by calling 1-877-260-9280 or by calling customer service at 1-866-306-3179. You will need to have your Crocs Gift Card or your 19-digit Crocs Gift Card number in order to check your balance. The account balance for a Crocs Gift Card also will appear on your receipt from a point-of-sale register. When you use your Crocs Gift Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Crocs Gift Card and will provide the remaining balance of your Crocs Gift Card. You should keep your receipts and check your balance periodically to ensure that your account balance is correct.
BILLING ERRORS/CORRECTIONS. We reserve the right to correct the balance of your Crocs Gift Card if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Crocs Gift Card, please call our customer service department at 1-866-306-3179. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.
LIABILITY. Because your Crocs Gift Card is used like cash for purchases from Crocs Retail, Inc., you are responsible for all transactions associated with your Crocs Gift Card, including unauthorized transactions. If your card is damaged, lost or stolen, it cannot be replaced.
CHANGES TO TERMS AND CONDITIONS. We may amend the terms and conditions at any time, including any rights or obligations you or we may have. We will post the modified terms in our stores and on our web site at www.crocs.com/giftcard. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised terms and conditions to our web site [or generally in our stores]. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Crocs Gift Cards. You are deemed to accept the chances, additions or deletions if your Crocs Gift Card is used after such notice. If you choose not to accept the changes, additions or deletions, your Crocs Gift Card will be cancelled and any amounts remaining on your Crocs Gift Card will be refunded to you.
CANCELLATION. We may suspend or terminate the terms and conditions and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from fraudulent or unauthorized use of the Crocs Gift Card. If we terminate without cause, we will refund or issue store credits equal to the balance of your Crocs Gift Card less any amounts that you may owe us. In the event that our agreement is terminated, the other important legal terms shall survive in accordance with its terms.
DISPUTE RESOLUTION. At our request or your request, any dispute between us will be decided by arbitration under the applicable rules of either JAMS or the American Arbitration Association. Arbitration involves the review and resolution of the dispute by a neutral party. If either you or we choose arbitration, neither you nor we will have the right to litigate that claim in court or to have a jury trial on that claim. In addition, you will not have the right to participate as a representative or member of any class of claimants pertaining to any dispute subject to arbitration. The arbitrator’s decision will generally be final and binding.
There shall be no authority for any disputes to be arbitrated on a class action basis. Arbitration can only decide our or your dispute and may not consolidate or join claims of other persons who may have similar claims. Any arbitration hearing that you attend will take place in the federal judicial district where you reside. This arbitration provision shall survive termination of the terms and conditions or any transfer of a Crocs Gift Card. For more detail regarding arbitration pursuant to these terms and conditions, go to www.crocs.com/arbitration.
DISCLAIMER AND LIABILITY LIMITS. CROCS RETAIL, INC. AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CROCS 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. CROCS RETAIL, INC. DOES NOT REPRESENT OR WARRANT THAT YOUR CROCS GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IN THE EVENT THAT CROCS RETAIL, INC. OR ITS AFFILIATES ARE FOUND LIABLE TO YOU FOR ANY REASON, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR CROCS GIFT CARD. CROCS RETAIL, INC. AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CROCS RETAIL, INC. OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A CROCS GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL. The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in these terms and conditions. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
ASSIGNMENT. We may assign all or part of our agreement without such assignment being considered a change to the terms and conditions, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions.