TERMS & CONDITIONS FOR PROMOTIONAL BENIQUE PHYSICAL AND/OR E-GIFT CARDSThe following terms and conditions (the "Agreement") apply to any Benique physical and/or e-gift card that expire given by Benique or through its partners for free, including "free with purchase" or otherwise (the "Promo Card").
Card Program Privileges1. By accepting and retaining the Promo Card or using the Promo Card, you agree to these terms and conditions, as well as future terms and conditions and program/service changes. We reserve the right to change the format, elements, and terms and conditions of the Promo Card program at any time without notice. The Promo Card and associated offers are void where prohibited by law. Benique, along with its subsidiaries and affiliates, ("Benique", "we", "our", or "us") is the issuer of, and provides the funding for, the Promo Card.
Use of the Card2. The Promo Card is not a credit card and cannot be used as one. It is not cash, and has no cash value. Use of the Promo Card is limited to the amount of funds associated with the Promo Card. You cannot increase the funds on the Promo Card. The Promo Card is redeemable at benique.com for purchase only. In the event of technical difficulties at the time of purchase using the Promo Card, not all means of redeeming the Promo Card may be available and Benique will provide additional instructions on the method of redemption. Except as set forth herein, you agree that you shall not use the Promo Card elsewhere. This Promo Card is intended for use as a gift to an individual. Resale of this Promo Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Your right to use the funds on the Promo Card is a limited right, subject to the terms and conditions of the Agreement and applicable law. Benique is not responsible for technical, site system programming, pricing, typographical, or other errors, in any offer by Benique and reserves the right to cancel any orders resulting from such errors. The full amount of each purchase, including taxes, will be deducted from the funds held on the Promo Card, up to the total funds available on the Promo Card. Except where required by applicable law, Promo Cards cannot be redeemed for cash or replaced if lost or stolen.
Additional Information on Card Usage
3. You may check the balance remaining on your Promo Card by contacting us, here.
Delivery and Restrictions
4. Promotional e-Gift Card sends separately from purchase and typically via email and carries an expiration (except where prohibited by law). Email address required for eGift Card delivery. Limit of 1 Promo Card per order.
Card Expiration5. Please note that the Promo Card has an expiry or "valid thru" date. Your Promo Card's expiry or valid thru date can be found on the eGift Card, or by contacting us. After that date, the funds will expire, and the Promo Card will not be accepted by Benique. Invalid Promo Cards are not replaceable or returnable.
Returns6. You agree to use the Promo Card only for legitimate purchases of merchandise through Benique and not for the purpose of obtaining cash from an establishment. You may not return merchandise obtained with the Promo Card for a cash refund. Credits for returns accepted by Benique will be allocated back to the Promo Card (in the amount of the portion of the purchase paid with your Promo Card) as long as the Promo Card has not expired. If you receive a credit, the portion paid with your Promo Card (excluding shipping & handling) will be allocated back to the Promo Card within 3 to 7 business days after Benique receives and processes your returned merchandise. However, if the card has expired, no credit or cash refund will be issued and remaining funds on the card are forfeited.
If you return the purchase that qualified you for a Promo Card, the Promo Card will no longer be valid. If the qualifying product is returned for a refund after the Promo Card has been redeemed, the value of the redeemed card will be deducted from any refund amount.
Supplemental Payment7. It is your responsibility to know the amount of funds available on the Promo Card at the time of purchase. To obtain your fund availability, contact us here. If your desired purchase amount is greater than your available funds, supplemental payment may be made using any credit card accepted by Benique. Benique reserves the right to solely determine payment methods shall accept. All the acceptable payment methods are subject to change without notice.
Shortages/Negative Card Balance8. If you attempt to use the Promo Card for an amount greater than your available fund balance, the transaction will prompt you to use an additional form of payment to cover the remaining balance. To use supplemental payment (see Supplemental Payment above), you should instruct Benique to apply an amount not to exceed the funds available on the Promo Card, and inform Benique that you will pay the balance with a credit card accepted by Benique. If, for any reason whatsoever, a transaction is processed despite insufficient available funds on the Promo Card (creating a "negative" amount, referred to herein as a "Shortage"), you agree to reimburse us, upon request, for the amount of the Shortage. In addition, we reserve the right to charge a Shortage fee of $25 per transaction every time your use of the Promo Card results in a Shortage, subject to applicable law.
Lost or Stolen Cards9. Benique is not responsible for loss, theft, or unauthorized use of the Promo Card. You should safeguard the Promo Card as if it were cash. Promo Cards cannot be replaced or reissued if lost or stolen, unless you provide verifiable proof of eligibility deemed sufficient by Benique in its discretion.
Using Multiple Cards10. Benique will only accept 1 Promo Card per purchase. Funds from Promo Cards cannot be merged with funds from any other Promo Cards or other Benique gift cards of any kind.
Misuse of the Card11. If we suspect misuse of the Promo Card, it may be suspended or terminated. We may cancel the Promo Card at any time, without notice. We may condition reimbursements upon return of the Promo Card. The Promo Card is the property of Benique.
Notice of Data Protection and Privacy
The laws of New York govern the gift card, as well as the terms and conditions of this Agreement.