Calvin Klein Gift Card Terms and Conditions
These terms and conditions (these “Terms”) govern our issue to you and your subsequent use of the Calvin Klein Gift Card (the “Gift Card”). When you purchase the Gift Card from our website, we will request that you indicate to us (for example by ticking a box) that you accept and agree to abide by all the terms and conditions of these Terms. Shortly after having received this indication, we will send you an order confirmation for your Gift Card order. Our sending of the order confirmation will create a binding agreement between you and we that incorporates the Terms (this “Agreement”).
These Terms are only applicable to the purchase of Gift Cards by consumers. They may be amended from time to time. Your purchase and use of a Gift Card will be subject to the Terms you accepted at the time of purchase of your Gift Card. The current set of Terms will be published at our website.
1. General Information Concerning Your Gift Card
1.1 This Agreement is between:
(a) The person who is purchasing or has purchased the Gift Card and/or who is using it (“you” or “your”); and
(b) PVH Stores Portugal Unipessoal Lda (“Calvin Klein”, “we”, “us” or “our”).
1.2 Each issued Gift Card provides for a contractual right to you to validly pay us for clothing and other products that you wish to purchase on our website or in our regular owned retail store(s) up to the amount of the current balance of the Gift Card. Gift Cards will not be accepted in stores that we do not own (e.g., franchise) or normally operate. You can only use a Gift Card provided we offer it as a means of payment for the concerned product. Your use is restricted to the channel in which you purchased the Gift Card. If you buy it on our website, you can only use it on our website and not in our retail store(s).
1.3 Gift Cards can only be purchased and used in the country from which you have purchased it. Additional geographic restrictions on purchase and use may exist due to changing regulatory requirements. Any such restrictions will be communicated to you prior to the time of purchase of your Gift Card.
1.4 The balance amount on the Gift Card is in EURO including VAT. A single Gift Card will have a maximum balance that we will communicate to you as part of our purchase process for the Gift Card. We limit the amount of Gift Cards to a maximum amount per transaction to limit the risk of fraud and for any applicable financial regulatory purposes. During the purchasing process you will be requested to select the balance amount of the Gift Card from the advertised range. The balance amount that you select is your full purchase price for the Gift Card.
2. Validity and use of your Gift Card
2.1 Shortly after the order confirmation, you will receive an e-mail with a unique barcode and/or associated number and a pin in the body of the e-mail. This e-mail will be sent to the e-mail address that you provided to us during the ordering process. This is your Gift Card. You will need the barcode/ number and pin to use the Gift Card on our website or in our retail store.
2.2 Never share the barcode, number or pin with unless your intent is to gift the balance of the Gift Card. You can gift the balance of a Gift Card by forwarding the Gift Card e-mail to the intended beneficiary. Please validate the receipt of the e-mail by the recipient prior to deleting your copy of the Gift Card e-mail.
2.3 Your Gift Card does not expire. We may however decide to cancel a transaction for which you have used your Gift Card or revoke your Gift Card altogether in the manner provided for in section 6.
2.4 You can check the balance on your Gift Card at any time. Check out our Gift Card FAQ to understand how you can do this.
2.5 You use your Gift Card by applying its balance as a means of payment for a transaction. As made clear in clause 1.2, your Gift Card can only be used in the channel in which you originally purchased it. Depending on whether you use it in our retail store or on our website, you will either need to: (i) present the barcode to our store associate and authorize the transaction using your pin or (ii) insert the Gift Card number on our website when you are requested to do so and authorize the transaction using your pin. All purchases of products are subject to our Terms and Conditions of sale as published on our website.
2.6 If the balance of your Gift Card is insufficient to purchase a specific product, you will need to provide a supplemental payment method to cover the delta. Initially this supplemental means of payment will be credit card only. We may add other means of payment when these become available. Check our Gift Card FAQ to get more information on the current available payment methods that can be used together with a gift Card. If you fail to do so when prompted by us, we may cancel your transaction as provided for in section 6.
2.7 Please take into consideration that your authorisation for transactions will be received by us almost instantaneously, and it is unlikely that you will be able to withdraw your authorisation for a transaction once you have inserted your pin for a particular transaction.
2.8 We do not guarantee that we are always able to let you use your Gift Card. For example, we may have a website bug, or our in-store cash register may be defective. When this happens, you should try again later. If you are having persisting problems with using your Gift Card, please contact our customer service.
3. Consumer Right of Withdrawal
3.1 You may withdraw from your purchase of a Gift Card without any reason within 14 days of the date of issuance of the Gift Card provided you have not yet used it. If you would like to withdraw from your purchase please contact our customer service.
3.2 We will refund the amount of the Gift Card to the original payment method that you used during the ordering process for the Gift Card within 14 days of having received your notice of withdrawal.
4. Refund for purchases made with your Gift Card
4.1 If you return a product to us that you paid for with your Gift Card, our refund to you will be paid out as a top-up of the balance of the Gift Card that was used by you. Make sure to retain the details of this Gift Card for at least the returns period to ensure that you can still use this card. In the event of a technical error, reach out to us to agree on a suitable method to receive the refund you are entitled to. If you have used multiple Gift Cards, we will inform you of the number of the Gift Card to which balance we will credit the refund. Alternatively, we may issue a new Gift Card to you with a balance that is equal to the refund amount.
4.2 If you return a product originally purchased with multiple payment methods, any refund due will first be refunded to the Gift Card(s) used for the original transaction up to the balance that you used to pay for the transaction (e.g., if 100 EURO of a EURO 250,- gift card was used, EURO 100,- will be refunded to the Gift Card(s)) following which any remaining refund will be returned using the other payment mean(s) used by you. In the event of a technical error, reach out to us to agree on a suitable method to receive the refund you are entitled to.
5. Lost or stolen Gift Cards
5.1 Title and risk of loss for your Gift Card passes on to you upon our transmission of the e-mail bearing the Gift Card details to the e-mail address that you provided to us. You are responsible for safeguarding your Gift Card barcode, number, and associated pin from unauthorised use. We will not be responsible if you lose or otherwise displace the details of your Gift Card, or your Gift Card details are used without your permission.
5.2 We have no obligation to replace your Gift Card in the event of a loss or theft. You can request that we revoke your Gift Card if it is lost or stolen to ensure that the unauthorised holder can no longer use it. This is only possible if you provide us with adequate proof of purchase of your Gift Card and you have not yet used your Gift Card.
6. Our cancellation and revocation rights
6.1 If you violate these Terms or if we have reasonable grounds to suspect that your Gift Card was purchased or used fraudulently or otherwise in violation of these Terms and/or applicable law, or your Gift Card is used in a manner that we may reasonably believe is unlawful or fraudulent, misleading, deceptive, unfair or otherwise harmful to us or our customers, we may revoke your Gift Card or refuse a transaction whereby you used your Gift Card.
6.2 If you use your Gift Card for a specific transaction and you fail to use an additional payment method to supplement any delta between the balance of your Gift Card and the purchase price for the product that you wish to purchase, we are entitled to cancel your transaction.
6.3 If we decide to cancel a transaction or revoke your Gift Card, as described in sub-section 6.1 and 6.2, we will inform you of our decision via e-mail or in our website purchase flow.
7. Term and Termination
7.1 This Agreement will start on the date of the Order Confirmation for your Gift Card. It will expire on the date that you used the full balance of your Gift Card or on the date on which we have revoked your Gift Card in accordance with section 6, whichever is earlier.
8. Our Liability
8.1 We will not be liable to you for any loss arising from: (i) any unauthorised transaction where you acted fraudulently, in direct violation of criminal law or where you wilfully failed to use your Gift Card in accordance with these Terms (including the obligation to keep your Gift Card details safe and/or to inform us that your Gift Card details have been lost or stolen), (ii) our compliance with any direction or order issued by a competent regulatory authority or court of law that is directly in relation to our Gift Card offer.
9.1 For more information about how we use any personal data that we may collect in relation to the purchase of your Gift Card, please read our Privacy Notice, found here.
10.1 If you have a complaint about your Gift Card or a particular transaction whereby you used your Gift Card, if you wish to withdraw from your purchase or have any other query concerning your Gift Card, please call our customer service using the means of contact provided in our Gift Card FAQ. We will deal with your query in an expedient manner and will keep you informed of any progress we have made.
11. Governing Law and Dispute Resolution
11.1 This Agreement is governed by the laws of the Netherlands, but not by the Vienna Convention on the International Sale of Goods. The competent court in Amsterdam, the Netherlands will have the non-exclusive jurisdiction to settle disputes in connection with this Agreement, without prejudice to the right of appeal and the right of appeal to the Supreme Court, which means that you can file a claim to enforce your consumer protection rights in connection with this Agreement in Amsterdam or in the EU country where you live.
11.2 You can access the Online Dispute Resolution (ODR) platform at http://ec.europa.eu/odr. Please note that we do not currently participate in an online dispute resolution process before any dispute resolution body.