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By accepting and using Your Gift Card, You are agreeing to these Terms and Conditions. Please read them carefully and keep a copy for Your records.
In these Terms and Conditions, 'You' and 'Your' means the person who has received the Gift Card. 'We', 'Us' and 'Our' means AvantGuardeMall.com and each of their successors, affiliates or assigns.
Your Gift Card. The Gift Card is offered to individuals over the age of 18 that lawfully enter into and form contracts under applicable law, and by using the Gift Card You represent and warrant to Us that You are such an individual. We, in Our sole discretion may refuse to issue a Gift Card for any reason. The amount of funds shown on the records of AvantGuardeMall.com shall be deemed the balance on the Gift Card, unless You can prove to Our satisfaction in Our sole discretion that there should be a different balance.
Card Access. The Gift Card is not a credit Card. The Gift Card is a prepaid Card that can be used for purchases of merchandise from AvantGuardeMall.com. The Card may not be used to make purchases from other merchants, to obtain cash from automated teller machines (ATMs) or for any other type of purchase or cash advance.
Card Limitations. You must have sufficient, available funds to pay for all Gift Card transactions. If the purchase amount is greater than the available funds, the difference may be paid for with cash, check or credit or debit Card, subject to the policy of AvantGuardeMall.com. If Your Card balance is zero or becomes zero the Card will be terminated. You may confirm Your available balance or transactions by calling 1-866-388-0054 during business hours (9:00 am – 5:00 pm cst). You may only use Your Card in the manner and for the purposes described in these Terms and Conditions. Your Card may not be used for illegal transactions or for any type of pre-authorized transactions such as recurring monthly payments, dues or fees.
Disclosure of Information to Third Parties. We will disclose information to third parties about Your Card or a transaction that You make where it is necessary for completing the transaction in connection with examinations by any taxing or other regulatory authorities as required by law or Our Privacy Policy. We will disclose information to other third parties about Your Card or a transaction that You make only if You give Us written permission.
Disputes with Merchants. You agree to make a good faith effort to settle all disputes about purchases You make using Your Card with AvantGuardeMall.com.
Lost and Stolen Cards. We are not responsible for lost or stolen Gift Cards. Treat your Gift Card like cash, because lost or stolen Gift Cards will not be replaced.
Disclaimer of Liability. In providing the Gift Card services to You, We disclaim any duty or responsibility other than those expressly set forth in these Terms and Conditions. The issuer is not liable expressly for the following:
If through no fault of ours, cardholder does not have enough money on the Gift Card to cover the transaction; or
If the transaction would exceed the cardholder’s available funds; or
If the terminal or system was not working properly; or
If circumstances beyond Our control prevent the transaction, despite reasonable precautions that We may have taken; or
If there are other exceptions stated in these Terms and Conditions or provided by law.
Termination. The Card shall remain Our property. We may, at any time and without prior notice, cancel the Gift Card Program and have You return the Card to Us in which case You will be entitled to a refund on the unused portion Your card. Any attempt to fraudulently use Your card on AvantGuardeMall.com will result in immediate termination of the card and any unused amounts on the card will not be refunded. You may terminate Your Card by returning the Card to Us. However, the purchase price paid for the Card may be non-refundable. Termination of the Card will not affect prior transactions or obligations existing at the time of termination, and may not entitle You to any refund.
Amendment. We may amend these Terms and Conditions at any time in Our sole discretion by posting a revised copy on AvantGuardeMall.com at least 30 days prior to the effective date of any amendment that results in an increased fee or charge, an increase in Your liability, a reduction in Card services, or stricter transaction limitations.
Severability/No Waiver. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of Our right to subsequently enforce such provision or any other provision of these Terms and Conditions.
Governing Law. These Terms and Conditions, the Gift Card and all transactions hereunder are subject to the laws of the State of Illinois.
