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ORVEDA GIFT CARD TERMS AND CONDITIONS
The following Orveda Gift Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to use of a Orveda Gift Card(s) (each, a “Card and collectively, the “Cards”) issued in the United States. This Agreement is between you (the Orveda Gift Card holder) and HFC Prestige Products, Inc. (“Orveda”).
BY PURCHASING, ACCEPTING, REDEEMING, OR USING YOUR CARD, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (INCLUDING THE CLASS ACTION AND JURY TRIAL WAIVERS BELOW). IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT PURCHASE, USE, REDEEM, OR ACCEPT THE CARD.
IMPORTANT NOTE
THIS AGREEMENT CONTAINS LANGUAGE THAT GOVERNS HOW YOU CAN BRING CLAIMS BETWEEN YOU AND ORVEDA, INCLUDING REQUIRING MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER IN SECTION 13 BELOW. REVIEW THE ARBITRATION LANGUAGE IN SECTION 13 CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH ORVEDA ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. BY PURCHASING, USING, REDEEMING, OR ACCEPTING A CARD(S), YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS IN THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE AFFECT TO YOUR LEGAL RIGHTS.
Please also read carefully the sections titled “RETURNS OF MERCHANDISE PURCHASED WITH CARDS”, “LIMITATION OF LIABILITY “, “EXCLUSIONS AND LIMITATIONS OF LIABILITY”, AND “INDEMNIFICATION”.
We reserve the right to update the terms of this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all purchases, uses, redemptions, or acceptances of the Cards.
The Cards are issued by Orveda and can be purchased at the Maison Orveda location in New York, New York (1020 Madison Ave, New York, NY 10075, USA) or online at us.orveda.com in the United States.
Your Card balance is an estimate only. Do not attempt to check your balance through any third-party sites. Orveda is not responsible for the safety or reliability of non-Orveda systems or platforms, or any loss of a Card(s) as a result of the use of such sites.
The Cards do not expire. No fees for inactivity or service fees apply. Orveda reserves the right to refuse or honor any Card in the event of a disputed credit card charge, bounced check, or other failure of consideration.
The Cards are redeemable only for purchases of merchandise at the Maison Orveda New York, New York location (1020 Madison Ave, New York, NY 10075, USA) and online at us.orveda.com in the United States. The Cards have no cash value and may not be redeemed for cash (except as required by law) or used to purchase another Card.
No refunds are permitted with respect to Cards except as required by law. The Cards may not be resold without Orveda’s express written authorization. If the Card is obtained from an unauthorized seller or reseller, including through any online auction site, the Card is not valid and will not be honored, and Orveda will not be liable for the value of the Card.
The value of any Card will not be replaced if the Card is lost, stolen, altered, destroyed, or used without authorization.
Merchandise or services purchased with an Orveda Gift Card and returns of such will be subject to Orveda’s Returns policy linked here: Terms.
Orveda and its affiliates reserve the right to refuse to honor a Card where Orveda suspects that the Card was obtained fraudulently. Orveda and its affiliates are not responsible for unauthorized use of any Card, and Orveda and its affiliates will not replace or refund any Card that purchased and given to a person engaged in fraudulent activities.
IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, ORVEDA’S SOLE LIABILITY AND YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF SUCH CARD.
ORVEDA AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
You (and also any third party for or on behalf of whom you purchase, use, redeem or accept the Card) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the Cards or those conducted on your behalf): (a) your breach or alleged breach of this Agreement; (b) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (d) any misrepresentation made by you.
You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent
You and Orveda Agree to Arbitrate. You and Orveda agree that any and all claims arising from or relating to the Cards or this Agreement, or any good or service provided by us (HFC Prestige Products, Inc. and its parents and subsidiaries) to you and/or the person or entity you represent shall be subject to binding arbitration under the Federal Arbitration Act (“FAA”). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, us, and/or others providing or receiving any product or service related to this Agreement or your purchase(s) or transaction(s) with us. However, at the election of any party, any claims subject to the jurisdiction of a small claims court are not required to be arbitrated; nor are claims for injunctive relief to protect intellectual property rights.
Arbitration Procedures. A single, neutral arbitrator shall decide all claims and shall render a final, binding written decision pursuant to the Commercial Arbitration Rules & Procedures of the American Arbitration Association (“AAA”), which rules are found at www.adr.org. In the arbitration proceeding, the parties shall be entitled to conduct only essential discovery, as determined by the arbitrator, which is adequate to prove the claims or defenses at issue, but in no event will discovery be allowed that is greater than that permitted by the State of New York Rules of Civil Practice Law and Rules.
Each party to the arbitration shall pay his, her, or its own costs of arbitration, unless otherwise required by the relevant arbitration rules. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules.
Class Action Waiver. Each party waives any right to bring representative claims on behalf of a class of individuals or entities or on behalf of the general public or a consolidation with other arbitrations (the “class action waiver”). The arbitration provision may be severed or modified if necessary to render it enforceable. For example, if a California court determines that this class action waiver is not enforceable to the extent it prohibits any right to public injunctive relief, if any, all other claims subject to arbitration shall be arbitrated under this provision, with a court to decide any claim for public injunctive relief.
Opt-Out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing Orveda at concierge@orveda.com and providing the requested information as follows: (1) Your Name; (2) Your Address; (3) Your Phone Number; and (4) a clear statement that you wish to opt out of this arbitration provision in this Agreement. This opt-out notice must be emailed no later than thirty (30) days after the date you first accept this Agreement by purchasing, using, redeeming or accepting a Card.
All trademarks, service marks, trade names, logos, copyright and other intellectual property rights displayed on or used in the Cards as well as its contents, features, and functionalities are either owned by us or licensed to us. All such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law laws, and all rights are reserved. Any use of the Cards, other than as specifically authorized herein, is strictly prohibited.
Any trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Cards (collectively, “Third Party Mark(s)”) are owned by their respective owners. Display of Third Party Marks on the Cards does not indicate endorsement by or affiliation of Orveda with such third party owner.
Except as expressly provided in this Agreement, nothing in this Agreement or on or via the Cards should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are displayed on or via the Cards, without the respective owner’s prior written permission, in each instance.
By using the Card, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use the Card. If you are between 13 and 17 years of age, when you purchase, use, redeem, or accept the Card(s), you represent that you have the permission of a parent or guardian to do so and who agrees to this Agreement on your behalf, and you may not submit any personal information.
We may give you all required notices (including legal process) by any lawful method, including by posting notices on us.Orveda.com or by sending it to any email address that you provide to us. You agree to send us notices by email to concierge@orveda.com or by mailing them to the following address:
HFC Prestige Products, Inc.
350 5th Avenue, 19th Floor
New York, NY 10118-0110
Except for the arbitration provision, which is governed by the Federal Arbitration Act, this Agreement, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with United States law in the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. For any action where Section 13 permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, New York.
You and Orveda acknowledge and agree that any controversy that may arise under this Agreement or any documents they refer to is likely to involve complicated and difficult issues and, therefore, each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement and any documents they refer to, or the transactions contemplated hereby.
The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Orveda, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions.
If there is a discrepancy between the terms printed on Orveda Gift Cards and the information provided above, the information provided above governs.
ORVEDA GIFT CARD TERMS AND CONDITIONS
The following Orveda Gift Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to use of a Orveda Gift Card(s) (each, a “Card and collectively, the “Cards”) issued in the United States. This Agreement is between you (the Orveda Gift Card holder) and HFC Prestige Products, Inc. (“Orveda”).
BY PURCHASING, ACCEPTING, REDEEMING, OR USING YOUR CARD, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (INCLUDING THE CLASS ACTION AND JURY TRIAL WAIVERS BELOW). IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT PURCHASE, USE, REDEEM, OR ACCEPT THE CARD.
IMPORTANT NOTE
THIS AGREEMENT CONTAINS LANGUAGE THAT GOVERNS HOW YOU CAN BRING CLAIMS BETWEEN YOU AND ORVEDA, INCLUDING REQUIRING MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER IN SECTION 13 BELOW. REVIEW THE ARBITRATION LANGUAGE IN SECTION 13 CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH ORVEDA ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. BY PURCHASING, USING, REDEEMING, OR ACCEPTING A CARD(S), YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS IN THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE AFFECT TO YOUR LEGAL RIGHTS.
Please also read carefully the sections titled “RETURNS OF MERCHANDISE PURCHASED WITH CARDS”, “LIMITATION OF LIABILITY “, “EXCLUSIONS AND LIMITATIONS OF LIABILITY”, AND “INDEMNIFICATION”.
We reserve the right to update the terms of this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all purchases, uses, redemptions, or acceptances of the Cards.
The Cards are issued by Orveda and can be purchased at the Maison Orveda location in New York, New York (1020 Madison Ave, New York, NY 10075, USA) or online at us.orveda.com in the United States.
Your Card balance is an estimate only. Do not attempt to check your balance through any third-party sites. Orveda is not responsible for the safety or reliability of non-Orveda systems or platforms, or any loss of a Card(s) as a result of the use of such sites.
The Cards do not expire. No fees for inactivity or service fees apply. Orveda reserves the right to refuse or honor any Card in the event of a disputed credit card charge, bounced check, or other failure of consideration.
The Cards are redeemable only for purchases of merchandise at the Maison Orveda New York, New York location (1020 Madison Ave, New York, NY 10075, USA) and online at us.orveda.com in the United States. The Cards have no cash value and may not be redeemed for cash (except as required by law) or used to purchase another Card.
No refunds are permitted with respect to Cards except as required by law. The Cards may not be resold without Orveda’s express written authorization. If the Card is obtained from an unauthorized seller or reseller, including through any online auction site, the Card is not valid and will not be honored, and Orveda will not be liable for the value of the Card.
The value of any Card will not be replaced if the Card is lost, stolen, altered, destroyed, or used without authorization.
Merchandise or services purchased with an Orveda Gift Card and returns of such will be subject to Orveda’s Returns policy linked here: Terms.
Orveda and its affiliates reserve the right to refuse to honor a Card where Orveda suspects that the Card was obtained fraudulently. Orveda and its affiliates are not responsible for unauthorized use of any Card, and Orveda and its affiliates will not replace or refund any Card that purchased and given to a person engaged in fraudulent activities.
IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, ORVEDA’S SOLE LIABILITY AND YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF SUCH CARD.
ORVEDA AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
You (and also any third party for or on behalf of whom you purchase, use, redeem or accept the Card) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the Cards or those conducted on your behalf): (a) your breach or alleged breach of this Agreement; (b) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (d) any misrepresentation made by you.
You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent
You and Orveda Agree to Arbitrate. You and Orveda agree that any and all claims arising from or relating to the Cards or this Agreement, or any good or service provided by us (HFC Prestige Products, Inc. and its parents and subsidiaries) to you and/or the person or entity you represent shall be subject to binding arbitration under the Federal Arbitration Act (“FAA”). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, us, and/or others providing or receiving any product or service related to this Agreement or your purchase(s) or transaction(s) with us. However, at the election of any party, any claims subject to the jurisdiction of a small claims court are not required to be arbitrated; nor are claims for injunctive relief to protect intellectual property rights.
Arbitration Procedures. A single, neutral arbitrator shall decide all claims and shall render a final, binding written decision pursuant to the Commercial Arbitration Rules & Procedures of the American Arbitration Association (“AAA”), which rules are found at www.adr.org. In the arbitration proceeding, the parties shall be entitled to conduct only essential discovery, as determined by the arbitrator, which is adequate to prove the claims or defenses at issue, but in no event will discovery be allowed that is greater than that permitted by the State of New York Rules of Civil Practice Law and Rules.
Each party to the arbitration shall pay his, her, or its own costs of arbitration, unless otherwise required by the relevant arbitration rules. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules.
Class Action Waiver. Each party waives any right to bring representative claims on behalf of a class of individuals or entities or on behalf of the general public or a consolidation with other arbitrations (the “class action waiver”). The arbitration provision may be severed or modified if necessary to render it enforceable. For example, if a California court determines that this class action waiver is not enforceable to the extent it prohibits any right to public injunctive relief, if any, all other claims subject to arbitration shall be arbitrated under this provision, with a court to decide any claim for public injunctive relief.
Opt-Out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing Orveda at concierge@orveda.com and providing the requested information as follows: (1) Your Name; (2) Your Address; (3) Your Phone Number; and (4) a clear statement that you wish to opt out of this arbitration provision in this Agreement. This opt-out notice must be emailed no later than thirty (30) days after the date you first accept this Agreement by purchasing, using, redeeming or accepting a Card.
All trademarks, service marks, trade names, logos, copyright and other intellectual property rights displayed on or used in the Cards as well as its contents, features, and functionalities are either owned by us or licensed to us. All such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law laws, and all rights are reserved. Any use of the Cards, other than as specifically authorized herein, is strictly prohibited.
Any trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Cards (collectively, “Third Party Mark(s)”) are owned by their respective owners. Display of Third Party Marks on the Cards does not indicate endorsement by or affiliation of Orveda with such third party owner.
Except as expressly provided in this Agreement, nothing in this Agreement or on or via the Cards should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are displayed on or via the Cards, without the respective owner’s prior written permission, in each instance.
By using the Card, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use the Card. If you are between 13 and 17 years of age, when you purchase, use, redeem, or accept the Card(s), you represent that you have the permission of a parent or guardian to do so and who agrees to this Agreement on your behalf, and you may not submit any personal information.
We may give you all required notices (including legal process) by any lawful method, including by posting notices on us.Orveda.com or by sending it to any email address that you provide to us. You agree to send us notices by email to concierge@orveda.com or by mailing them to the following address:
HFC Prestige Products, Inc.
350 5th Avenue, 19th Floor
New York, NY 10118-0110
Except for the arbitration provision, which is governed by the Federal Arbitration Act, this Agreement, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with United States law in the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. For any action where Section 13 permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, New York.
You and Orveda acknowledge and agree that any controversy that may arise under this Agreement or any documents they refer to is likely to involve complicated and difficult issues and, therefore, each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement and any documents they refer to, or the transactions contemplated hereby.
The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Orveda, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions.
If there is a discrepancy between the terms printed on Orveda Gift Cards and the information provided above, the information provided above governs.
