Gift Card - Terms and Conditions
The Convertible Castle, Inc. d/b/a Bernie & Phyl’s Furniture (“Bernie & Phyl’s”) may offer gift cards at its store locations or electronic gift cards through text messages, emails, notifications on the Bernie and Phyl’s Website or through other means of communications or promotions. These terms and conditions for gift cards (“Gift Card Terms”) apply to all users of gift cards made available by Bernie and Phyl’s (“you” or “your”).
In addition to these Gift Card Terms, you also are bound by and subject to the Bernie and Phyl’s Website Terms and Conditions (https://www.bernieandphyls.com/terms-and-conditions.html) and Bernie and Phyl’s Privacy Policy (https://www.bernieandphyls.com/privacy-and-security.html), and Bernie and Phyl’s Text Message Terms and Conditions https://www.bernieandphyls.com/mmstermsandconditions, when you use a gift card. These Terms and Conditions and Privacy Policies are incorporated by reference into these Gift Card Terms. By using a gift card you receive from Bernie and Phyl’s, you acknowledge that you are eighteen (18) years of age or older and you hereby agree to be bound by and subject to the Bernie and Phyl’s Website Terms and Conditions, Privacy Policy and Text Message Terms and Conditions, as well as these Gift Card Terms.
Bernie and Phyl’s reserves the right to change these Gift Card Terms without notice at any time. We will post any updated version of these Gift Card Terms to the Bernie and Phyl’s Website, and the updated version will be effective once posted. Please check the Bernie and Phyl’s Website regularly for updates. All terms and conditions in these Gift Card Terms are applicable to the extent permitted by law.
Use of Gift Cards
Gift cards are intended for personal use only. You or the intended gift card recipient may receive a text message or email with a link to an online location with a promo code or other information you may use to access certain gift cards. Gift cards cannot be used to purchase other gift cards. Gift cards are only intended for use by individuals located in the United States, and will not be issued to compensate you for unshipped products.
If the total amount of your purchase using the gift card exceeds the balance of any entered gift card codes, you may be required to select or add an additional method of payment, such as a debit or credit card, to cover the difference or the transaction will be cancelled. Unless otherwise provided, no activation, dormancy, inactivity, service or other added fees apply to gift cards, and gift cards generally do not expire. However, please note that any eligible goods and services are subject to change at the sole discretion of Bernie & Phyl’s. If an unused gift card balance is deemed legally abandoned after a period of time under applicable laws and regulations, there may be an obligation for Bernie & Phyl’s to send the unused balance to a government entity if Bernie & Phyl’s reasonably believes it is required by law to do so.
If a gift card is offered as part of a promotion, please see those specific terms for any additional details that apply to that promotion. The terms of any gift card promotion may be changed or terminated at any time and for any reason without prior notice. To the extent any portion of those special terms conflict with these Gift Card Terms, the special terms will govern for that specific portion unless stated otherwise.
Other Gift Card Restrictions and Limitations
Gift cards generally cannot be reloaded or have any monetary value or amounts added to a specific gift card code. Gift cards cannot be returned or cancelled unless required by law. Gift card balances cannot be resold or transferred, and cannot be redeemed, exchanged, or returned for cash or any other prepaid payment mechanism or instrument except as required by law.
In connection with the use of gift cards you receive from Bernie and Phyl’s, you also may not:
- Engage in any unauthorized commercial, advertising, marketing, or promotional efforts, such as for giveaways, sweepstakes, or for purchasing products for resale or export;
- Engage in any behavior that is fraudulent, deceptive, disruptive, unfair, illegal, and/or harmful to Bernie and Phyl’s or its affiliates, reputation, or customers;
- Redeem a gift card if you are not the intended recipient;
- Purchase a gift card from an unauthorized third party; and/or
- Use a gift card as payment for unauthorized third-party goods or services.
The above list is not exhaustive. Any use of a gift card in violation of these Gift Card Terms may result in the gift card being cancelled or suspended in whole or in part without a refund to the extent allowed by law. Bernie and Phyl’s reserves the right, without notice to you, to suspend or permanently cancel or void any gift card without a refund to the extent allowed by law. Any gift card that is suspended, cancelled, or voided in whole or in part may result in the cancellation of any orders that were paid in whole or part with the applicable gift card.
The title to any gift card and the associated risk of loss pass to you once the gift card is given to you, or otherwise transmitted to you, or sent to you or the intended recipient by text message or email.
You are responsible for making sure any gift card balance is not used by an unauthorized party. Bernie and Phyl’s is not legally responsible for, and does not assume any liability to you or anyone else, if your gift card information is stolen, lost, used by an unauthorized party, or used by you as a result of some third-party fraud or gift card scam. Bernie and Phyl’s makes no guarantee it can help stop the unauthorized behavior. Bernie and Phyl’s reserves the right to request additional information or verification related to your identity before a gift card is used.
If you have any questions regarding gift cards, please contact Bernie and Phyl’s at 1-800-244-9350.
Disclaimer of Warranties and Limitation of Liability
BERNIE AND PHYL’S, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, ADMINISTRATION, OR TRANSMISSION OF GIFT CARDS YOU RECEIVE FROM BERNIE AND PHYL’S (COLLECTIVELY, THE “COMPANY PARTIES”), MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO ANY GIFT CARDS TO THE FULLEST EXTENT PERMITTED BY LAW. MORE SPECIFICALLY, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN THE EVENT THAT A GIFT CARD DOES NOT WORK OR FUNCTION PROPERLY, YOUR SOLE REMEDY (AND THE COMPANY PARTIES’ SOLE LIABILITY) SHALL BE THE REPLACEMENT OF THE NON-FUNCTIONING GIFT CARD TO THE EXTENT PERMITTED BY LAW.
Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold the Company Parties harmless from and against any claims, actions, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including, without limitation, reasonable legal and accounting fees, attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) the Company Parties suffer in relation to, arising or resulting from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of a gift card you receive from Bernie and Phyl’s, your breach of these Gift Card Terms, or any violation of an applicable law or regulation by you. The Company Parties shall provide notice to you of any such claim, suit or proceeding. The Company Parties reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist the Company Parties in defense of such matter. Your indemnification obligations shall survive the termination of these Gift Card Terms.
Other General Provisions
These Gift Card Terms, any dispute involving the use of a gift card you received from Bernie and Phyl’s, and the relationship between you and Bernie and Phyl’s, shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts without regard to any principles of conflicts of law. You specifically consent to personal jurisdiction in Massachusetts in connection with any dispute between you and Bernie and Phyl’s arising out of these Gift Card Terms or pertaining to their subject matter. The exclusive venue for any dispute arising out of these Gift Card Terms or pertaining to the subject matter hereof shall be in the state and federal courts of Massachusetts. You covenant not to sue Bernie and Phyl’s in any other forum.
Your use of a Bernie & Phyl’s gift card is at your own risk.