Gift Card Terms & Conditions:

The following

CzechWineDirect.com Gift Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to the use of CWD digital gift cards (“Cards”) that are purchased on our site online and this agreement is between you, the Cardholder, and the CWD (“Issuer”). By purchasing, accepting, or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card. IMPORTANT: This Agreement includes the resolution of disputes by arbitration instead of in court.

About Your Card:

The Cards are issued by Issuer. The issuer is responsible for the operation and maintenance of the Card program. The issuer is the sole legal obligor to the Cardholder; provided, however, that Issuer may assign its obligations with respect to the Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder. Issuer’s affiliates and related entities (other than Issuer) bear no responsibility or liability for any Cards, and you hereby knowingly release Issuer’s affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Card. Cards can be purchased online at http://www.czechwinesdirect.com/gift-cards

Not for Resale:

The Gift Card cannot be resold. The card is valid only if obtained at a CzechWineDirect.com or authorized third-party distributor. The card is not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites.

Balance Inquiry:

For balance inquiry, please contact us. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.

Expiration/Deactivation:

Cards do not expire. There are NO fees for inactivity and NO service fees apply. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, or payment, or other failures of consideration.

Redemption:

Cards are redeemable only for purchases of goods or services at CzechWineDirect.com in the United States. Cards are not redeemable online in the State of New York. Cards are not debit or credit cards. Cards have no cash value and may not be redeemed for cash (except as required by law). Cards are not redeemable to purchase another Card or towards previously purchased goods or services.

Reloads:

Cards may not be reloaded with value.

No Refunds:

No refunds are permitted with respect to Cards. Upon purchase, the buyer must identify a recipient's name, which becomes attached to the gift card's unique serial number. THE CARD SHOULD BE TREATED LIKE CASH, SO KEEP IT IN A SAFE PLACE. NO REFUNDS ARE PERMITTED FOR GIFT CARDS; NO CASHBACK GIFT CARDS MUST BE APPLIED TOWARDS PURCHASES OF MERCHANDISE OR SERVICES ON THE CWD WEBSITE.

Lost, Destroyed, or Stolen Card:

The value of any lost, destroyed or stolen Cards, or any Cards used without authorization, will not be replaced or replenished. If the card is lost or stolen, you should contact us immediately so that we may place a "hold" on the card and issue you a new one. The service charge for a gift card replacement is $10.

Mandatory Binding Individual Arbitration:

Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.

ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER

You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, including but not limited to the arbitrability of any dispute, shall be resolved in its entirety by individual (not class-wide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court.

You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. You and Issuer agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

You and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages. This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Issuer’s affiliates and related entities.

The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of this Agreement. If it is decided that applicable law precludes enforcement of any of this arbitration agreement’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court. In addition, notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.

Nothing herein shall be construed as consent by Issuer to the jurisdiction of any court with regard to claims unrelated to the use of your Card or this Agreement.

ARBITRATION PROCEDURES

The arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve the Issuer’s registered agent for service of process.

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees. In addition, for claims of less than $1,000, the Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.

Any arbitration will take place in or near the Los Angeles county and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).

Judgment on the award may be entered in any court of competent jurisdiction.

Limitation of Liability:

ISSUER 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. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law:

The laws of the State of California, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.

Severance:

Notwithstanding anything herein to the contrary, if any part of this Agreement is deemed invalid or inapplicable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality, or enforceability of the remainder of this Agreement, which shall be fully enforced.

Changes to Agreement:

Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at http://www.czechwinesdirect.com/gift-cards.

Fraud:

Issuer reserves the right to refuse to honor a Card where Issuer suspects that the Card was obtained fraudulently.

Please feel free to contact us if you have additional questions.