Gift Card Terms and Conditions

GIFT CARD TERMS AND CONDITIONS

Last updated June 16, 2023

The following terms and conditions (the “Terms”) apply to the purchase and use of the Debra Brooks Gift Card (“Gift Card”.) Your purchase and use of the Gift Card constitutes your agreement to follow and be bound by these Terms. Gift Cards denominated in U.S. dollars are issued by Debra Brooks Corporation (“we,” “our”).

Redemption and Use

Gift Cards are redeemable online at debrabrooks.com. Gift Cards may not be redeemed for cash except as required by law. Gift Cards may be shipped to valid street addresses within the United States and Canada. For your protection, we do not ship to Post Office Boxes. Gift Cards can be used multiple times until the face value is depleted. Consumers can use more than one gift card per purchase. You may not sell the Gift Card or otherwise barter for its exchange without our consent which will not be unreasonably withheld.

Returns

No refunds are permitted with respect to Gift Cards, all sales of Gift Cards are final.
If a Gift Card is used to place an order and items from that order are returned, generally, refunds are credited back to the original Gift Card.

Balance Inquiry

For balance inquiries and to obtain information about Gift Cards,
https://debrabrooks.com/gift-card-balance with your Order Confirmation Number and Gift Card Number or, call us +1 626 773 6868.

Expiration and Fees

Gift Cards do not expire, and there are no fees associated with them.

Lost, Damaged or Stolen Cards and Fraud

Lost or stolen Gift Cards will not be replaced. Debra Brooks will not be responsible for lost or stolen Gift Cards or if your Gift Card is used without your permission. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly. Debra Brooks reserve the right to refuse to accept Gift Cards that we suspect or believe were obtained fraudulently.

Compliance with laws

By purchasing or using a Gift Card, you are certifying and representing to Debra Brooks that the activities in connection with which the Gift Card will be used will comply with these Terms and all applicable laws, rules and regulations, and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Debra Brooks. In addition, you agree to defend and indemnify Debra Brooks, Corporation and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Card or violation of any of these Terms.

Limitation of Liability

GIFT CARDS ARE PROVIDED ON AN “AS IS” BASIS, AND DEBRA BROOKS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEBRA BROOKS AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. DEBRA BROOKS AND ITS AFFILIATES AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT DEBRA BROOKS OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

Dispute Resolution & Applicable Law

Any dispute or claim relating in any way to Gift Cards will be resolved in accordance with the dispute resolution terms in the Terms of Use and Conditions.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR DEBRA BROOKS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Applicable Law

The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Gift Cards or use of the Gift Cards, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.

General Terms

We reserve the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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