Terms and Conditions of Rag & Bone Gift Cards, Merchandise Credit and Promotional Cards
The following Terms and Conditions of Rag & Bone Gift Cards, Merchandise Credit and Promotional Cards (“Agreement”) set forth the terms and conditions that apply to the use by you of Rag & Bone Gift Cards, Rag & Bone Merchandise Credit, and Rag & Bone Promotional Cards (collectively, “Rag & Bone Cards” and, each, a “Rag & Bone Card”) issued in the United States and United Kingdom. This Agreement is between you, the Cardholder, and Rag Card Services LLC (“RCS LLC”), an affiliate of Rag & Bone Holdings LLC (“Rag & Bone”).
IMPORTANT: BY PURCHASING, ACCEPTING OR USING YOUR RAG & BONE CARD, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT PURCHASE, ACCEPT OR USE A RAG & BONE CARD. THIS AGREEMENT INCLUDES RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. PLEASE REVIEW THE PROVISIONS REGARDING ARBITRATION BEFORE PURCHASING, ACCEPTING OR USING A RAG & BONE CARD.
1. Changes to this Agreement
RCS LLC reserves the right to change the terms of 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 on the Rag & Bone website. THE CONTINUED USE BY YOU OF YOUR RAG & BONE CARD AFTER THE POSTING OF ANY SUCH CHANGES ON THE RAG & BONE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
2. About Your Rag & Bone Card
Rag & Bone Cards are issued in card or e-card formats by RCS LLC. RCS LLC is an affiliated entity of Rag & Bone Holdings LLC and is authorized to issue the Rag & Bone Cards for sale, distribution and redemption, as the case may be, at participating Rag & Bone stores located in the United States and United Kingdom and online through the Rag & Bone website, as more fully described in Section 5 below. RCS LLC is the sole legal obligor to the Cardholder. Rag & Bone Holdings LLC and its affiliates and related entities (other than RCS LLC) shall not be responsible or liable for the use or malfunction of any Rag & Bone Cards, and you hereby knowingly release Rag & Bone Holdings LLC and its affiliates and related entities (including RCS LLC) from any and all liability or claims of any nature whatsoever arising in connection with the use of a Rag & Bone Card.
Rag & Bone Gift Cards can be purchased at participating Rag & Bone locations. Coupons and other discounts cannot be applied to purchases of Rag & Bone Gift Cards, and sales tax shall not be applied to purchases of Rag & Bone Gift Cards. Rag & Bone Merchandise Credit is distributed to customers by Rag & Bone in exchange for merchandise returned by a customer without a receipt (or where a customer requests Rag & Bone Merchandise Credit instead of a cash or credit card refund), in accordance with Rag & Bone’s returns policy. Rag & Bone Promotional Cards are distributed to customers by RCS LLC pursuant to various reward or promotional programs.
No more than an amount equivalent to $1,000.00 may be loaded onto a single Rag & Bone Gift Card or Rag & Bone Promotional Card at any given time, and no more than an amount equivalent to $2,000.00 may be loaded onto a single Rag & Bone Merchandise Credit at any given time (in each case including by purchasing additional value or otherwise adding value to such Rag & Bone Card). Rag & Bone Cards are not reloadable.
3. Additional Information and Balance Inquiries
For information on your Rag & Bone Card, including any balance inquiries, please call (US) 844-278-6835 or (INTL) +800-2425-1111 and follow the prompt to leave a voicemail. You will be contacted by a representative from RCS LLC with your balance information Monday through Friday, 9:00 AM to 5:00 PM ET. Please note that the balance you hear 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.
Rag & Bone Gift Cards and Rag & Bone Merchandise Credit do not expire. Rag & Bone Promotional Cards may be subject to expiration depending on the particular promotion. Accordingly, please refer to the specific terms and conditions on your Promotional Card for information regarding the expiration of your Promotional Card.
No fees for inactivity or service fees apply. RCS LLC reserves the right to refuse to honor any Rag & Bone Card in the event of a disputed credit card charge, bounced check or other failure of consideration, as applicable.
Except as may be set forth in the specific terms and conditions on your Rag & Bone Card, Rag & Bone Cards are redeemable for purchases of merchandise at participating Rag & Bone retail and outlet stores in the United States and United Kingdom. Rag & Bone Cards have no cash value and cannot be (x) transferred, exchanged or resold, (y) redeemed for cash (except as required by law) or (z) used to purchase another Rag & Bone Card. The Rag & Bone Card remains the property of RCS LLC.
RCS LLC reserves the right to refuse to honor the redemption of a Rag & Bone Card where RCS LLC suspects that such Rag & Bone Card was obtained or manipulated in a fraudulent or otherwise unlawful manner.
6. No Refunds
NO REFUNDS ARE PERMITTED WITH RESPECT TO RAG & BONE CARDS.
7. Lost, Damaged or Stolen Rag & Bone Card
A lost, damaged or stolen Rag & Bone Card shall be replaced with a new Rag & Bone Card containing the remaining balance as shown in RCS LLC’s records only on presentation by the Cardholder of an original receipt or proof of purchase.
8. Limitation of Warranties
RCS LLC AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO RAG & BONE CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN THE EVENT THAT A RAG & BONE CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND RCS LLC’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH RAG & BONE CARD.
You and RCS LLC agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of a Rag & Bone Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual binding arbitration, except that you or RCS LLC may take claims to small claims court if they qualify for hearing by such a 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.” 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 set forth in this Agreement.
You and RCS LLC agree that any arbitration under this Agreement shall 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 RCS LLC agree to waive the right to trial by jury. This Agreement to arbitrate extends to claims that you assert against other parties, including (without limitation) claims against any affiliates and related entities of Rag & Bone Holdings LLC. This Agreement evidences a transaction in interstate commerce and, as such, the Federal Arbitration Act and federal arbitration law governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything herein 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. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and RCS LLC both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis. Reasonable attorneys’ fees and expenses shall be awarded only to the extent such allocation or award is available under applicable law.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to RCS LLC’s registered agent for service of process: United Corporate Services, Inc. The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer‐Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1‐800‐778‐7879. Payment of all filing, administration and arbitrator fees shall be governed by the AAA rules, except that for claims of less than $1,000, you shall be obligated to pay $25 and RCS LLC shall pay all other administrative costs and fees. In addition, for claims of less than $1,000, RCS LLC shall reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses shall be awarded only to the extent such allocation or award is available under applicable law.
Upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by AAA 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. You also agree that RCS LLC may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
11. Choice of Law/ Forum Selection
In any circumstances where the agreement to arbitrate permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue in New York and waive any defenses or objections based on lack of jurisdiction, improper venue and forum non conveniens.
The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by RCS LLC, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.