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SOMA Gift Card Terms & Conditions

LAST UPDATED: November 20, 2019

These Gift Card Terms ("Terms") apply to all Soma® ("Soma") Gift Cards and eGift Cards, regardless of purchase location. PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PURCHASE, POSSESSION OR USE OF OUR GIFT CARDS. SECTION 1(I) OF THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT; HOWEVER, E-GIFT CARD DISPUTES ARE EXCLUDED FROM THE ARBITRATION REQUIREMENT AND ARE GOVERNED BY SECTION 2(k) BELOW

Table of Contents

1. General Terms Applicable to Gift Cards and eGift Cards

  1. Terms of Sale
  2. Returns
  3. Redemption
  4. Lost or Stolen Gift Cards or eGift Cards
  5. Additional Terms Only Applicable to Canadian SOMA Gift Cards
  6. Waiver
  7. Indemnification
  8. Limitation of Liability
  9. Choice of Law and Dispute Resolution for Gift Cards
  10. Entire Agreement

2. Additional eGift Card Agreement

  1. CashStar Website General Terms
  2. Our Policies
  3. Risk of Loss
  4. SOMA eGift Card Customer Service
  5. Payment Methods
  6. Delivery Information and Requirements for eGift Card Purchasers
  7. Reasons for Failed Delivery
  8. Personalized Messaging
  9. Uploaded Images
  10. Disclaimer
  11. Dispute Resolution for eGift Cards

1. General Terms Applicable to Gift Cards and eGift Cards

A. Terms of Sale

Special offers, coupons, Soma Passport discounts or rewards & other discounts do not apply to the purchase of SOMA Gift Cards or eGift Cards. SOMA Gift Cards and eGift Cards do not expire and have no fees. Gift Cards and eGift Cards are not reloadable; therefore, we cannot add value back onto your Gift Card or eGift Card for any reason.

The maximum Gift Card or eGift Card denomination available for purchase is five hundred dollars ($500.00) and total Gift Card or eGift Card purchases for any customer may not exceed five thousand dollars ($5,000.00) in one calendar day or ten thousand dollars ($10,000.00) in any seven (7) day period. SOMA has the right to refuse any sale of a Gift Card or an eGift Card for any reason and to cooperate with law enforcement. You may not use a Gift Card or an eGift Card to purchase other Gift Cards or eGift Cards.

Your Gift Card or eGift Card number may be deactivated if issued, procured or used fraudulently. We reserve the right to cancel or suspend transactions or to restrict future transactions at any time for any reason. Gift Cards and eGift Cards shall be void if reloaded, resold, or transferred for value, except to the extent required by law. Unused eGift Cards may not be transferred.

CashStar, Inc. ("CashStar") is the merchant of record for all eGift Card transactions. By clicking on the SHOP NOW link on any SOMA website, you will be taken to CashStar's website (the "CashStar Site") to complete your eGift Card purchase, and in addition to our own Site Terms of Use and Privacy Policy and these Terms, your eGift Card purchase transaction will be governed by the Agreement (defined below) and the CashStar Privacy Policy available on the CashStar Site.

B. Returns

SOMA Gift Cards are FINAL SALE and cannot be returned for any reason.

SOMA eGift Cards cannot be returned or cancelled after receipt. Purchasers who wish to cancel an eGift Card order purchased prior to its delivery to a recipient should contact CashStar Customer Support at (844) 455-2382 prior to the delivery date selected during the purchase process.

C. Redemption

SOMA Gift Cards and eGift Cards may be redeemed for your merchandise purchase at any SOMA boutique located in the United States, including SOMA Outlets ("Stores"), online (for U.S. orders only) at soma.com, or for phone transactions at (877) 948-2525. Except where required by law, Gift Cards are not redeemable for cash; eGift Cards are redeemable for cash when the balance is less than $10.

To redeem in-Store or via telephone provide your Gift Card or your eGift Card number and PIN to the Store sales associate. To redeem online, enter the Gift Card and PIN found on the back of your Gift Card or eGift Card number and PIN included in your eGift Card email.

When you make a merchandise purchase with your SOMA Gift Card or eGift Card, the amount of your purchase plus any shipping/handling fees and sales tax, if applicable, will be automatically deducted from your available balance. Purchases will be deducted from the amount of the Gift Card or eGift Card until the value reaches zero. You may check your Gift Card or eGift Card balance online at soma.com or by calling Customer Service at 866-768-7662.

Any merchandise purchased in-Store or online with a SOMA Gift Card or eGift Card is subject to the applicable SOMA Return Policy available at Soma.com. If you return any merchandise purchased using a SOMA Gift Card or eGift Card, any refund will be issued in the form of a SOMA merchandise return card.

D. Lost or Stolen Gift Cards or eGift Cards

Please safeguard your SOMA Gift Card or eGift Card number and PIN. The recipient assumes all risk of loss and is responsible for its loss, damage or theft. If you provide proper proof of purchase, we will cancel your current card and transfer any remaining balance to a replacement card. Replacement cards will only be issued for the dollar amount remaining on the Gift Card or eGift Card at the time you report it lost or stolen.

For lost, damaged or stolen SOMA Gift Cards, please contact SOMA Customer Service immediately at 866-768-7662. Your SOMA Gift Card number and PIN are required for all inquiries.

For lost or stolen SOMA eGift Cards, please contact CashStar Customer Support immediately at (844) 455-2382. SOMA eGift Cards will not be replaced if lost or stolen without the purchaser’s confirmation email as proof of purchase.

E. Additional Terms Only Applicable to Canadian SOMA Gift Cards

SOMA Gift Cards issued in Canada must be presented at the time of redemption and may be only redeemed for merchandise in Soma boutiques and outlets located in Canada. Available balance can be checked in Canadian stores or by calling 866-768-7662. You may not add value back onto your Canadian-issued SOMA Gift Card or redeem it for cash, except as required by law. Each Soma Gift Card issued in Canada is issued by CHICO’S FAS CANADA, CO.

F. Waiver

The waiver of any provision of these Terms or the additional Agreement below (applicable to eGift Cards) shall not be considered a waiver of any other provision or of SOMA’s and/or CashStar’s right to require strict observance of each of the terms herein. If any provision of these Terms and if applicable, the Agreement, is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. SOMA reserves the right to update these Terms at any time.

G. Indemnification

You agree to defend, indemnify and hold CashStar and SOMA, as applicable, and their Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of any SOMA Gift Card and the SOMA websites, or any eGift Card and the CashStar Site, if applicable and/or your breach of any representation, warranty, or other provision of these Terms, including the Agreement below.

H. Limitation of Liability

SOMA AND ITS AFFILIATES WITH RESPECT TO GIFT CARDS, AND SOMA AND CASHSTAR AND THEIR AFFILIATES WITH RESPECT TO EGIFT CARDS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN EGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND CASHSTAR AND ITS AFFILIATES SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFT CARD; SOMA AND ITS AFFILIATES BEAR NO LIABILITY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

I. Choice of Law and Dispute Resolution for Gift Cards

These Terms (including the Agreement below) and your use of any SOMA Gift Card shall be governed by Section 11 of our Site Terms of Use (Dispute Resolution and Binding Arbitration) ("TOU Section 11"), which are incorporated herein by reference. Any conflict relating to any SOMA Gift Card shall be resolved pursuant to the terms of TOU Section 11; any eGift Card Disputes (defined below) shall be resolved pursuant to the Agreement below.

Certain portions of TOU Section 11 are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Company agree that we intend that this Section 1(I) and TOU Section 11 satisfies the "writing" requirement of the Federal Arbitration Act. This Section 1(I) and TOU Section 11 can only be amended by mutual agreement. PLEASE READ TOU SECTION 11 CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.

Notwithstanding any other provision in these Terms to the contrary, to the extent Company makes a material change to this Section 1(I) or TOU Section 11, such change will not apply to any dispute that you provided Company notice of prior to the change.

J. Entire Agreement

These Gift Card Terms (including the Agreement below applicable to eGift Cards), the SOMA Site Terms of Use and Privacy Policy and all other policies and terms incorporated or referenced herein, as applicable, constitutes the entire agreement between SOMA (and as applicable, CashStar) and their Affiliates and you relating to your purchase or use of any SOMA Gift Card or any SOMA eGift Card and the CashStar Site, and shall be deemed binding on all Gift Card or eGift Card recipients.

2. Additional eGift Card Agreement

A. CashStar Website General Terms

SOMA eGift Cards may be purchased via the CashStar Site located at Soma.cashstar.com. Please review the following terms and conditions of use, which govern your use of the CashStar Site (the "Agreement") and together with the Terms, govern your use of SOMA eGift Cards. Your use of the CashStar Site constitutes your agreement to follow and be bound by the terms of the Terms, including this Agreement, which may be updated or modified at any time without prior notice. For this reason, please review the Terms, including this Agreement, whenever you use the CashStar Site. If you do not agree to these terms, please do not use the CashStar Site. As used in this Agreement, the term "we" "us" or "our" means (i) Soma Distribution Services, LLC, a Florida limited liability company, doing business as Soma, SOMA Outlets and soma.com ("SOMA") and (ii) CashStar, Inc., a Delaware corporation ("CashStar"). The term "you" or "your" means the purchaser and/or recipient of a SOMA eGift Card. The term "Affiliates" means any parent company and any subsidiary or related company of SOMA or CashStar, as applicable.

SOMA eGift Cards are issued by and represent an obligation of SOMA and are distributed by CashStar.

By visiting soma.cashstar.com, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern the Terms, including this Agreement. SOMA and CashStar reserve the right to change this Agreement from time to time in their discretion.

B. Our Policies

Information that you provide when purchasing a SOMA eGift Card is subject to CashStar's Privacy Policy. You may have the option from time to time to opt-in to certain marketing campaigns, loyalty programs, or promotional offers from SOMA or its Affiliates. Please visit soma.com for opt-out information from those programs or offers. Regardless of your elections regarding marketing communications, CashStar and SOMA may continue to contact eGift Card purchasers via email or other methods to provide information about the redemption status of eGift Cards and transactions.

C. Risk of Loss

Ownership and risk of loss of eGift Cards passes to the purchaser as soon as we send our confirmation to the recipient. We are not responsible for lost or stolen eGift Cards. If you have any questions, please see the FAQs on the CashStar Site.

D. SOMA eGift Card Customer Service

If you need assistance with any aspect of your purchase, ownership, or use of your eGift Card, please contact CashStar Customer Support. Please refer to your order number or be ready to supply your email address.

E. Payment Methods

SOMA eGift Cards may be purchased using a valid VISA, MasterCard, Discover, American Express card or Diner’s Club card.

F. Delivery Information and Requirements for eGift Card Purchasers

All orders of eGift Cards are subject to a process that compares purchaser information provided on the CashStar Site with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your eGift Card order may be delayed until it can be corrected; or cancelled if it cannot be reconciled. If the date on which you want an eGift Card delivered has passed and you have not received confirmation that the eGift Card was sent, please contact CashStar Customer Support at (844) 455-2382.

We are not responsible for eGift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact CashStar Customer Support if you suspect the recipient did not receive their eGift Card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.

G. Reasons for Failed Delivery

eGift Cards are delivered via email. If you have confirmed the recipient's email address but the eGift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:

  1. Spam filter blocked email or routed it to a bulk/spam folder
  2. Recipient's firewall blocked the email
  3. Email inbox is over size limit
  4. Invalid email address

If a spam filter is blocking Somagiftcards@cashstar.com emails from getting to an inbox, the email options will need to be modified so that SOMA and CashStar emails are not considered spam. If you need further assistance, contact CashStar Customer Support. Please refer to your order number or be ready to supply your email address.

H. Personalized Messaging

If you wish to add a personal message to an eGift Card, simply type your message in the Message field during the purchase process.

Personal messages are limited in length to the space provided on the eGift Card. For Gift Cards, you may enter a gift message by selecting. There is no additional charge to include a personalized message. If we find inappropriate, offensive or otherwise objectionable messages, we reserve the right to cancel them. Thanks for your cooperation.

I. Uploaded Images

You may upload your own image for display on an eGift Card. This feature is not currently available for physical Gift Cards. There is no additional charge to include your own image. We reserve the right to replace inappropriate, offensive, or otherwise objectionable images or that infringe upon trademark or copyright law. The following image will appear as a replacement image:

Soma

J. Disclaimer

The materials on the CashStar Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. We expressly disclaim any duty to update or revise the materials on the CashStar Site, although such materials may be modified at any time without notice. Your use of the CashStar Site is at your sole risk and you assume full responsibility for any costs associated with your use of the CashStar Site. We shall not be liable for any damages of any kind related to your use of the CashStar Site.

K. Dispute Resolution for eGift Cards

Mindful of the high cost of litigation, not only in dollars but also in time and energy, you and we agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the CashStar Site, an eGift Card, or the breach, enforcement, interpretation, or validity of these Terms (including this Agreement) or any part of it applicable to eGift Cards ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party(s) (by first class or registered mail) describing the facts and circumstances (including any relevant documentation and if notice is sent by you it shall include your current mailing address for Notice purposes) of the Dispute, and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to:

(1) SOMA at: SOMA Legal Department
11215 Metro Parkway
Fort Myers, FL 33966
Attn: General Counsel

and

CashStar, Inc.
25 Pearl Street
Portland, ME 04101

or

(2) you at: your last-used billing address and/or the email address in your online profile; or for any responses to a notice sent by you, to your address included in such notice.

You and we agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party. Thereafter, you and we agree that any litigation permitted to be initiated for any Dispute shall be brought and resolved exclusively by the state and/or federal courts of the State of Florida located in Lee County, or any U.S. District Court for the Middle District of Florida and you and we consent to the exclusive personal jurisdiction and venue of such courts for such matters. Notwithstanding the foregoing, either of us may bring a qualifying Dispute (but not Excluded Disputes) in any small claims court of competent jurisdiction after the dispute resolution procedure described above has been completed.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be litigated only on an individual basis and will not be joined or consolidated with any other proceedings that involve any claim or controversy of any other party, except in the event that substantially similar claims by the same or related counsel as to your claims are filed at or around the same time as your claim, you agree that your claim may be temporarily stayed, phased, or consolidated with such substantially similar claims to allow the courts to establish efficient and fair adjudication procedures with respect to all such claims. There shall be no right or authority for any Dispute to be litigated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or, except as set forth above, other persons or entities similarly situated.

SOMA’s eGift Card, powered by CashStar.