eGIFT CARDS - TERMS AND CONDITIONS
- Gift Cards; Saleha Beauty eGift Cards.
Saleha Beauty Gift Cards are issued by CherryKiss LLC., an ILLINOIS LLC, and include Saleha Beauty eGift Card. Your Saleha Beauty Balance displays the total remaining balance of all eGift Cards that have been applied to your Saleha Beauty account but not yet applied to a purchase. Purchases are deducted from your Saleha Beauty eGift Card Balance. Any unused Saleha Beauty Balance will remain associated with your Saleha Beauty eGift Card account. If a purchase exceeds your Saleha Beauty Balance, the remaining amount must be paid with another payment method. eGift Cards may only be redeemed toward the purchase of eligible goods and services provided by Saleha Beauty CherryKiss LLC and on www.SalehaBeauty.com, Redemption of eGift Card on any affiliated website is subject to change in our sole discretion. Your Saleha Beauty eGift Card Balance cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your Saleha Beauty Balance may be transferred to another Saleha Beauty account.
- Risk of Loss.
The risk of loss and title for eGift Card pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any eGift Card is lost, stolen, or destroyed, or if your Saleha Beauty Balance or any eGift Card is used without your permission.
- Use of Saleha Beauty eGift Card in Violation of these Terms and Conditions.
We reserve the right to void eGift Card (including as a component of your Saleha Beauty Balance), close customer accounts, and bill alternative forms of payment if we suspect that a eGift Card is obtained, used, or applied to an Saleha Beauty account (or your Saleha Beauty Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
- Limitation of Liability.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFT CARDS OR YOUR SALEHA BEAUTY BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A EGIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT EGIFT 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.
Any dispute or claim relating in any way to eGift Card or your Saleha Beauty Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would. We and you agree that any 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 we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- General Terms.
No fees apply to eGift Cards. When you purchase, receive, or apply a eGift Card to your account, or your Saleha Beauty Balance to a purchase, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Cherrykiss LLC and its affiliates related to your use of a eGift Card or your Saleha Beauty Balance. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.