Effective November 7, 2020
This eGift Card Agreement (“Agreement”) is between you and Stacy Kennedy Photography (“we” or “us”) and describes the terms and conditions that apply to your eGift Card. By buying or using your eGift Card, you agree to these terms.
About Your eGift Card
We issue the eGift Card to you. The dollar value that you purchase onto your eGift Card is a prepayment for high school senior portrait goods and services at Stacy Kennedy Photography. Unless otherwise required by law or permitted by this Agreement, the dollar value on your eGift Card is nonrefundable and may not be redeemed for cash. The value on your eGift Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
eGift Cards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use eGift Cards under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
The eGift Card (also known as an “eGift”) allows you to purchase and send a virtual eGift Card via email. You may choose dollar value (within certain limits) and complete your purchase using a credit card, debit card, or certain other electronic payment methods. You may choose when to have your eGift delivered, either the same day, provided that your form of payment is approved, or at a future date. You authorize us to charge your credit card, debit card or other chosen electronic payment method at the time you purchase your eGift regardless of the date you choose for delivery.
On the requested delivery date, we will send the recipient of your eGift an email notifying them that they have received an eGift from you. The recipient will have the option to use the eGift when booking a session or on prints, products, or digital files when using the coupon code provided. We will also send you an email confirming once we have emailed your eGift to the recipient. An eGift is like any other eGift Card and should be treated like cash by the recipient.
We will only give refunds for unused eGifts with in 60 days of purchase date.
If you have any questions or concerns about the status of an eGift, email us at email@example.com or call 1-701-566-4260.
From time to time, we may in our sole discretion, run promotional programs associated with the eGift Card (“Promotions”). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.
Expiration of Card Balances
Your eGift Card has no expiration date nor does the value on your eGift Card ever expire while Stacy Kennedy Photography is currently in business. In the event that Stacy Kennedy Photography closes business, we will post an announcement on our website of our doors closing and you’ll have 30 days to use your gift card.
Billing Errors, Corrections
We will correct the balance of your eGift 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 wish to dispute any Transaction or correction that has been applied to your eGift Card, please call Stacy Kennedy Photography at 1-701-566-4260. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.
Fraud Associated with Your eGift Card or Card Balance
We will not accept any eGift Card, or will limit use of any eGift Card or eGift Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. If Stacy Kennedy Photography discovers any eGift Card or eGift Card balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted eGift Cards and retain all related eGift Card balances without notice to you. We may use retained eGift Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase eGift Cards.
Liability for Unauthorized Transactions
When purchasing an eGift Card, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your eGift Card. If you believe your eGift Card has been disabled in error, please call 1-701-566-4260. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your eGift Card information.
You should treat your eGift Card like cash and not disclose your eGift Card information to anyone. If your eGift Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your eGift Card, including unauthorized transactions. However, if your eGift Card is lost, stolen or destroyed, your eGift Card can be replaced with the balance remaining on it at the time you contact us.
If your eGift Card becomes lost, stolen, or damaged, report it as soon as possible by emailing firstname.lastname@example.org, or by calling 1-701-566-4260. Your eGift Card balance is protected from the time you notify us. We will freeze the remaining balance on your eGift Card at the time you notify us and will load that remaining balance on a replacement eGift Card.
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website at https://www.stacykennedy.com/egift-card-terms-conditions/, and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing eGift Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your eGift Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your e-Gift Cards and refund any remaining balance to you as long as it’s within 60 days of original purchase.