FENDER MUSICAL INSTRUMENTS CORPORATION
Fender.com Gift Card Terms & ConditionsThese terms and conditions (“Terms & Conditions”) govern the purchase, redemption, acceptance, and use of Fender.com gift cards (“Gift Cards”). By purchasing, redeeming, accepting, or using a Gift Card, you agree to be bound by these Terms & Conditions, and further agree that these Terms & Conditions constitute a binding agreement between you and Fender Musical Instruments Corporation (“FMIC”). Please read these Terms & Conditions carefully before you purchase, redeem, accept, or use a Gift Card so that you fully understand your rights and responsibilities hereunder. Please print a copy of these Terms & Conditions for your reference.
If you do not wish to be bound by these Terms & Conditions, do not purchase, redeem, accept, or use a Gift Card.
These Terms & Conditions, and the purchase, redemption, acceptance, and use of Gift Cards are at all times subject to the Fender.com Terms of Use and Privacy Policy, both of which are incorporated by reference herein. By purchasing, redeeming, accepting, or using a Gift Card, you agree to be bound by the Fender.com Terms of Use and Privacy Policy.
1. General Terms
Gift Cards are distributed by FMIC, a Delaware corporation. FMIC reserves the right to change these Terms & Conditions, the Fender.com Terms of Use, and the Fender.com Privacy Policy at any time, in whole or in part, in its sole discretion with or without notice to you. If any of these Terms & Conditions shall be deemed invalid, void, or for any reason unenforceable, that term and/or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
2. Redemption
When a Gift Card is purchased, it is loaded with a balance equivalent to the purchase price of the Gift Card, less any applicable taxes and fees (“Balance”). Gift Cards may only be redeemed towards the purchase of eligible products and services available for sale by FMIC or one of its affiliates through Fender.com to customers in the United States of America. The availability and eligibility of goods and services are subject to change in FMIC’s sole discretion.
When a Gift Card is redeemed, the purchase price, including all applicable taxes and fees, of the eligible products and services for which the Gift Card is redeemed (the “Price”) is deducted from the Balance. If the Price is less than the Balance, the unused Balance will remain associated with the Gift Card and can be used toward later eligible purchases. If the Price is greater than the Balance, the remaining amount must be paid with a different payment method. The Balance of a Gift Card must be fully expended before another payment method will be accepted.
A Gift Card’s unused Balance expires ten years after the date of the Gift Card’s purchase, unless otherwise prohibited by applicable law, in which case you can contact FMIC Customer Service at (800) 856-9801 or [email protected] upon expiration of your Gift Card to receive a replacement Gift Card with the same value of the remaining unused Balance of your expired Gift Card. Gift Cards and Balances cannot be redeemed for cash or returned for a refund unless and only to the extent required by applicable law. For information on whether and to what extent a cash redemption or return for a refund is available to you, you can contact FMIC Customer Service at the aforementioned phone number or email address. You must provide Customer Service with your Gift Card code to be eligible to receive any legally required replacement, redemption, or refund set forth in this paragraph.
3. Limitations
Gift Cards cannot be used to purchase other Gift Cards and cannot be used to purchase any goods or services from any vendors or through any forum other than from FMIC through Fender.com. Gift Cards cannot be reloaded or resold and cannot be transferred (for value or for no value) without advance written consent from FMIC. Gift Cards cannot be redeemed for more than the available Balance remaining thereon. Gift Cards cannot be used for unauthorized marketing, promotional, advertising, sweepstakes, or public relations purposes. Gift Cards cannot be used for commercial purposes, or for purposes of purchasing items for resale. Gift Cards cannot be redeemed for cash or returned for a refund except and to the extent required by applicable law. Gift Cards cannot be used for any purpose or in any way that violates these Terms & Conditions, the Fender.com Terms of Use, the Fender.com Privacy Policy, or any applicable law, rule, or regulation. Gift Cards cannot be used for any purpose or in any way that is fraudulent, unlawful, deceitful, misleading, unfair, or otherwise harmful to FMIC, its affiliates, its customers, or any third party. Gift Cards cannot be used for any purchases outside of the United States. No more than 5 gift cards can be applied to a single order at time of checkout. There is a $3,000 limitation on amount added to a single gift card. Fender Gift Cards cannot be used towards the purchase of a subscription to Fender Play.
4. Checking Your Balance; Customer Support
You can check your Balance here.
5. Risk of Loss
Title to and risk of loss for Gift Cards and Balances passes to the purchaser upon FMIC’s electronic transmission of the Gift Card to the purchaser or designated recipient. FMIC is not responsible for Gift Cards transmitted to the improper recipient due to the purchaser’s entering incorrect contact information for themselves and/or for the designated recipient.
You are responsible for safeguarding your Gift Card and Balance, and FMIC is not responsible for any lost, damaged, or stolen Gift Cards or Balances, or for the use of your Gift Card or Balance without your permission. Further, while FMIC reserves the right to verify the identity of the person using a Gift Card at the time of purchase, FMIC is not required to verify, and takes no responsibility for verifying the identity of the person using a Gift Card at the time the Gift Card is used to make a purchase.
You should only purchase Gift Cards sold by FMIC. FMIC is not responsible for, and does not guarantee, the Balance of any Gift Card sold or purported to be sold by any person or entity other than FMIC. Further, FMIC is not responsible for any fraudulent, void, or invalid Gift Card or Balance sold or purported to be sold by any person or entity other than FMIC.
6. Violating These Terms & Conditions
If you or anyone using your Gift Card or Balance violates these Terms & Conditions, the Fender.com Terms of Use, the Fender.com Privacy Policy, or any applicable law, rule, or regulation, FMIC reserves the right to void or cancel your Gift Card and/or Gift Card Balance, and to cancel or limit any orders associated therewith, without refund or notice to you. FMIC further reserves the right to suspend or terminate your ability to use any FMIC properties or services, including, without limitation, Fender.com, and to bill alternative payment methods for any purchases made with a Gift Card or Balance in violation of these Terms & Conditions, the Fender.com Terms of Use, the Fender.com Privacy Policy, or any applicable law, rule, or regulation.
7. Governing Law; Dispute Resolution; Indemnification; Electronic Communications
The governing law, dispute resolution, indemnification, and electronic communications provisions of the Fender.com Terms of Use apply to these Terms & Conditions and any transactions made using Gift Cards and are incorporated herein by reference. By purchasing, redeeming, accepting, or using a Gift Card, you agree to be bound by the laws of the State of California and the United States of America, and to be subject to the personal jurisdiction of the state and federal courts residing in the State of California.
8. Returns of Goods or Services Purchased with Gift Cards
Goods and services purchased using Gift Cards may only be returned in accordance with FMIC’s return policy and the limited warranty applicable to each product or service. Goods and services eligible for return will be refunded as follows:
Eligible goods and services purchased with a Gift Card will be refunded with a new Gift Card equal in value to the Balance used for the given purchase and emailed directly to the email address on file with FMIC associated with the purchase of goods and/or services being refunded. Eligible goods and services purchased in part with a Gift Card and in part with another payment method will be refunded with a new Gift Card equal in value to the Balance used for the given purchase and emailed directly to the email address on file with FMIC associated with the purchase of goods and/or services being refunded, and the remainder of the Price will be refunded to the other payment method used for the purchase of goods and/or services being refunded.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FMIC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR GIFT CARD BALANCES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN THE EVENT A GIFT CARD PURCHASED FROM FMIC IS INVALID, VOID, OR NON-FUNCTIONAL, YOUR SOLE REMEDY, AND FMIC’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD WITH THE SAME BALANCE THAT WOULD BE REMAINING ON THE GIFT CARD WERE IT NOT INVALID, VOID, OR NON-FUNCTIONAL. IN NO EVENT WILL FMIC BE LIABLE UNDER THESE TERMS & CONDITIONS, THE FENDER.COM TERMS OF USE, THE FENDER.COM PRIVACY POLICY, OR IN ANY WAY RELATED TO THE PURCHASE, REDEMPTION, USE, OR ACCEPTANCE OF A GIFT CARD, FOR ANY LOSS OF USE, REVENUE, PROFIT, OR DATA, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT FMIC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. FMIC’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS & CONDITIONS, THE FENDER.COM TERMS OF USE, THE FENDER.COM PRIVACY POLICY, AND THE PURCHASE, REDEMPTION ACCEPTANCE, OR USE OF ANY GIFT CARD IS THE TOTAL ORIGINAL BALANCE OF THE GIFTCARD AT THE TIME OF PURCHASE.