Gift Card Terms & Conditions

CLARKS CANADA GIFT CARDS TERMS & CONDITIONS

Physical Gift Cards | e-Gift Cards

PHYSICAL GIFT CARDS

The following terms and conditions apply to the purchase and use of a Clarks gift card.

YOUR PURCHASE OR ACCEPTANCE OR USE OF THIS CARD CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS (“TERMS”).

CLARKS RESERVES THE RIGHT TO AMEND, MODIFY, OR UPDATE ALL OR ANY PORTIONS OF THESE TERMS FROM TIME TO TIME. WHERE REQUIRED BY LAW, OR AT OUR DISCRETION, WE WILL NOTIFY YOU (FOR EXAMPLE, BY EMAIL AND/OR BY POSTING AN UPDATED VERSION OF THESE TERMS ON OUR WEBSITE) AT LEAST 30 DAYS BEFORE WE MAKE CHANGES TO THESE TERMS AND GIVE YOU AN OPPORTUNITY TO REVIEW THEM BEFORE THEY GO INTO EFFECT. SUCH NOTICE WILL SET OUT THE NEW CLAUSE ONLY, OR THE AMENDED CLAUSE AND THE CLAUSE AS IT READ FORMERLY, AND THE DATE OF THE COMING INTO FORCE OF THE AMENDMENT. IF YOU DO NOT AGREE WITH ANY MODIFICATION, THEN YOU MAY TERMINATE THE AGREEMENT, WITHOUT COST, PENALTY OR CANCELLATION INDEMNITY, BY SENDING US NOTICE TO THAT EFFECT NO LATER THAN THIRTY (30) DAYS AFTER THE AMENDMENT COMES INTO FORCE.

This gift card is issued by C. & J. Clark Canada Limited (“Clarks”’ “us”, or “we”), and is redeemable for merchandise only at Clarks retail stores and Clarks outlets in Canada (specifically excluding Clarks stores located in Quebec), and online at www.clarks.com/en-ca. Purchases with the card will be deducted from the balance on the card until it reaches $0. This card may not be redeemed for cash except where required by law. There are no service fees or fees for non-use. This card may not be used to make a payment on a credit account. There is no expiration date. This card is not returnable and is non-refundable. Protect this card like cash. Lost, stolen, destroyed cards or cards used without your permission will not be replaced. Visit www.clarks.com/en-ca/giftcardbalance for balance information. Any term is void where prohibited by law. Return policy for purchases of unworn product made with this card: 60 days for a full refund or exchange.

DISCLAIMER AND LIMITATIONS ON OUR LIABILITY

YOU USE THE GIFT CARDS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) THE GIFT CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND (B) CLARKS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLARKS OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLARKS AND ITS AFFILIATES’ TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE LAST BALANCE HELD ON THE GIFT CARD GIVING RISE TO THE APPLICABLE DISPUTE.

INFORMAL DISPUTE RESOLUTION

We try to address any disputes without the need to initiate a formal legal case. To the fullest extent permitted by applicable law, and other than for individual residents of Quebec, you agree that prior to initiating legal proceedings, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute, you agree to notify us in writing at C. & J. Clark Canada Limited, 4090 Ridgeway Drive, Unit 1, Mississauga, ON L5L 5X5, and include the nature of this dispute, the basis for your claims and the resolution that you are seeking, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. You may have a lawyer attend the call with you if you wish.

GOVERNING LAW AND VENUE

For residents of Quebec only: To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations thereunder will be governed by and construed in accordance with the domestic laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Quebec in any action to enforce (or otherwise relating to) these Terms.

For residents of provinces/territories other than Quebec: To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations thereunder will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms.

e-Gift Cards

By purchasing or using your e-gift card, you agree to these Terms.

General Terms

Clarks’ e-gift cards are issued by C. & J. Clark Canada Limited (“Clarks”, “us”, or “we”). Clarks reserves the right to amend, modify, or update all or any portions of these e-gift card Terms and Conditions (“Terms”) from time to time in their discretion. Where required by law, or at our discretion, we will notify you (for example, by email and/or by posting an updated version of these terms and conditions on our website) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless changes are required by law. Such notice will set out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment. If you do not agree with any modification, then you may terminate the agreement, without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force.

E-Gift Cards

Clarks e-gift cards are redeemable for merchandise only at at Clarks retail stores and Clarks outlets in Canada (specifically excluding Clarks stores located in Quebec), and online at www.clarks.com/en-ca. No fees of any kind will be imposed on purchasers or recipients in connection with the sale or delivery of e-gift cards. While no shipping or other fees will be charged for the sale or delivery of Clarks e-gift cards, if you use a Clarks e-gift card to purchase products from Clarks, applicable fees to ship your product(s) may be charged. Purchaser of e-gift card is charged any applicable sales tax. For e-gift card balance inquiry, please visit www.clarks.com/en-ca/giftcardbalance. To redeem your e-gift card in store, present the email containing the e-gift card, with the bar code contained therein, to a Clarks associate at point of sale. To redeem your e-gift card online, enter the e-gift card number and pin contained in the confirmation email you received which contains your e-gift card. Purchases with the e-gift card will be deducted from the balance until it reaches $0.00. This e-gift card has no expiration date and incurs no dormancy fees. Any term is void where prohibited by law. This card may not be used to make a payment on a credit account.

Returns; Lost or Stolen E-Gift Cards

You may not return or cancel your Clarks e-gift card anytime, including after you have placed your order online, or after it is received. If you suspect that someone has copied or stolen your e-gift card, contact Customer Care immediately. We are not responsible for lost or stolen e-gift cards. E-gift cards will not be replaced if lost or stolen. E-gift cards should be safeguarded like cash. If you delete the email via which you access your Clarks e-gift card, you should contact Customer Care. Ownership and risk of loss of e-gift cards passes to the purchaser as soon as we send our confirmation to the recipient via email. For the return policy that applies to purchases made using the e-gift card, please click here.

Limitations

The maximum value that can be associated with any one e-gift card is $250. Total purchases of Clarks’ e-gift cards for any one individual may not exceed ten thousand dollars ($10,000.00) in one calendar day. You may not use an e-gift card to purchase other e-gift cards. E-gift cards cannot be reloaded, and, except to the extent required by law, cannot be redeemed for cash.

Delivery Information

If the date on which you want an e-gift card delivered has passed and you have not received confirmation that the e-gift card was sent, please contact Customer Care. We are not responsible for e-gift 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 Customer Care if you suspect the recipient did not receive their e-gift card.

If you have confirmed the recipient’s email address but the e-gift card has not been received within a reasonable period after the requested delivery date, the following is a list of common reasons why delivery may have failed (although there could be others):

• Spam filter blocked email or routed it to a bulk/spam folder. If a spam filter is blocking ____________________ emails from getting to an inbox, the email options will need to be modified so that ___________________ emails are not considered spam.

• Recipient’s firewall blocked the email

• Email inbox is over size limit

• Invalid email address

Personalized Messaging

If you wish to add a personal message to an e-gift card, simply type your message in the Message field on the e-gift card preview. Personal messages are limited in length to the space provided on the e-gift card. Do not include any content in your personal message that is inappropriate, offensive, illegal or otherwise objectionable. If we find inappropriate, offensive, illegal or otherwise objectionable messages, we reserve the right to cancel them in our sole and absolute discretion.

Our Privacy Policy

Data that you provide when purchasing an e-gift card is subject to Clarks Privacy Policy.

Customer Care

If you need assistance with any aspect of your purchase, ownership, or use of your e-gift card, please contact Customer Care.

Disclaimer and Limitation of Liability

YOU USE THE E-GIFT CARDS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) THE E-GIFT CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND (B) CLARKS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLARKS OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLARKS AND ITS AFFILIATES’ TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE LAST BALANCE HELD ON THE E-GIFT CARD GIVING RISE TO THE APPLICABLE DISPUTE.

Informal Dispute Resolution

Governing Law and Venue

For residents of Quebec only: To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations thereunder will be governed by and construed in accordance with the domestic laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Quebec in any action to enforce (or otherwise relating to) these Terms.

For residents of provinces/territories other than Quebec: To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations thereunder will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms.