Gift Card Policies
Gift Card Terms and Conditions
The following Mirbeau Gift Card Terms and Conditions (referred to as the “Agreement”) describe the terms and conditions that apply to use of the Mirbeau Gift Cards (the “Cards”). This Agreement is between you, the Cardholder, and Mirbeau Card Services, LLC (“Card Company”) and Mirbeau Management Company, LLC and its affiliates/subsidiaries (collectively, “Mirbeau”). By purchasing, accepting, or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use, or accept the Card. IMPORTANT: This Agreement includes a class action waiver and resolution of disputes by arbitration in Paragraph 9 instead of in court.
2. Balance Inquiry. You may also inquire about your balance by calling 1-877-647-2328. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
3. Expiration/Fees. Gift Cards do not expire. No fees for inactivity or service fees apply to any Cards. However, Mirbeau reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
4. Redemption. Your Card is redeemable only for purchases of lodging, spa services, food, beverages, and merchandise at the Mirbeau Properties. The Cards have no cash value and may not be redeemed for cash (except as required by law) or used to purchase another Card.
5. No Refunds. No refunds are permitted with respect to the Cards; all sales are final.
6. Risk of Loss; Lost, Damaged, or Stolen Cards. The value of any lost, damaged or stolen Cards will not be replaced. With respect to mailed Cards, ownership and risk of loss of Cards passes to the recipient as soon as the Card is delivered to the designated carrier.
7. Resale Prohibited. You may not sell a Card or otherwise barter for its exchange. However, you may transfer a Card to another person for no monetary consideration (e.g., as a gift).
8. Maximum Value. You may not purchase any single Card with a value of more than $2,000 in any one day. Moreover, you may not purchase multiple Cards with a total value of more than $10,000 in any one day.
9. Mandatory Binding individual Arbitration. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
A. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and Card Company agree that any dispute, controversy or claim arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Card Company may take claims to small claims court if they qualify for hearing by such a court. You also agree that this arbitration agreement, Paragraph 9, shall apply to any dispute with other parties, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court.
You and Card Company agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations.
You and Card Company agree to waive the right to trial by jury.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Card Company both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
B. ARBITRATION PROCEDURES
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Card Company’s registered agent for service of process at Corporation Service Company, Bank of America Center, 16th Floor, 1111 East Main Street, Richmond, VA 23219 United States.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Card Company will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Card Company will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
10. Limitation of Liability. CARD COMPANY AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND CARD COMPANY’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
11. Unclaimed Property. In the event you do not use your Card for a certain period of time, Card Company may be required to turn over the remaining Card balance to a state under such state’s unclaimed or abandoned property law. Although your Card does not expire, if Card Company is obligated to turn over the remaining balance of your Card under a state’s unclaimed property law, by operation of law Card Company will be released from any further liability or obligation with respect to your Card and you may be required to contact the state’s unclaimed property administrator to attempt to recover your unused Card balance. To protect your right to continue to use your remaining Card balance at the Mirbeau Properties, Card Company will make reasonable efforts to exempt your Card from state unclaimed property laws.
12. Governing Law. The laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, apply to this Agreement and use of your Card. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
13. Changes to Agreement. Card Company and Mirbeau reserve the right to change this Agreement from time to time in their discretion, which changes Card Company and/or Mirbeau may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at http://shop.mirbeau.com/returns (“Updated Terms”). Your use of a Card after Card Company and/or Mirbeau have posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of a Card from that point forward.
14. Fraud/Violation of Terms. Card Company reserves the right to refuse to honor, or to suspend or deactivate a Card where Card Company suspects that the Card was obtained fraudulently, in violation of this Agreement, or in violation of applicable laws or other applicable Mirbeau terms and conditions.