The following terms and conditions apply to gift cards purchased from Ultimate Ears Custom.
TERMS AND CONDITIONS ULTIMATE EARS CUSTOM GIFT CARDS
The following terms and conditions (the "Terms") apply to the purchase and use of Ultimate Ears Gift Cards ("Gift Cards") for Ultimate Ears Custom products and/or accessories available for purchase at https://custom.ultimateears.com.
Your purchase and use of one or more Gift Cards constitute your agreement to follow and be bound by these Terms. Gift Cards are issued by Logitech Inc. (“Logitech”) and denominated in U.S. dollars.
Note: This Agreement includes a binding arbitration provision, a class action and jury trial waiver, and limitations on liability and damages.
Gift Card Purchase
- A Gift Card can be sent either to the recipient in physical form to the address you provide, or emailed to the recipient at the email address you provide.
- The denominations available for Gift Cards are as specified on https://custom.ultimateears.com.
- Gift Card purchases can be made using a credit card, debit card, or certain other electronic payment methods.
- You authorize us to charge your credit card, debit card or other chosen electronic payment method at the time you purchase your Gift Card.
- Title to and risk of loss for Gift Cards pass to the purchaser or the designated recipient once the amount is charged to the chosen electronic payment method.
- Logitech is not responsible for any Gift Card that may be lost or stolen and lost or stolen Gift Cards will not be replaced.
Redemption & Use
- may only be purchased online and redeemed online from the Ultimate Ears Custom website at https://custom.ultimateears.com;
- may not be used to purchase other Gift Cards;
- have a unique card number to be used for redemption purposes;
- are not reloadable;
- may not be returned or applied as payment on any account;
- may not be redeemed for cash except as required by law;
- may be purchased only in the U.S.;
- may be redeemed for products shipped only to addresses within the U.S.;
- do not expire;
- and have no associated fees.
Additional payment will be required for any purchase where the the total purchase price exceeds the value of the Gift Card.
Logitech reserves the right to refuse to accept Gift Cards that Logitech reasonably suspects or believes were obtained fraudulently or unlawfully.
If you have any problems with a Gift Card or need assistance with any aspect of the purchase, ownership, or use of a Gift Card, please contact Customer Support at firstname.lastname@example.org. Please refer to the unique card number for the Gift Card in question.
Limitation of Liability
GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS. LOGITECH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOGITECH SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM GIFT CARDS OR USE OF GIFT CARDS. IN THE EVENT LOGITECH IS FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES (AND MAY NOT INCLUDE ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) WHICH ACTUAL DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
Any disputes arising out of the purchase or use of the Gift Cards or these Terms will be resolved entirely through binding individual arbitration. To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to Logitech Inc., Attn: General Counsel, 7700 Gateway Blvd., Newark, CA 94560. You agree the arbitration will be conducted by the American Arbitration Association (“AAA”) and in accordance with AAA’s applicable rules (available at www.adr.org). Payment of all filing, administration and arbitrator fees will be governed by the AAA applicable rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR LOGITECH WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Gift Cards or use of the Gift Cards, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.
Void where prohibited or restricted by law. Logitech reserves the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Different or additional terms and conditions for Logitech promotions may apply to Gift Cards.
Offer, terms, conditions, and products are subject to change without notice. Offer void where prohibited by law or otherwise restricted.
This site is owned and operated by Logitech Europe S.A.
These terms are dated November 8, 2019