Clarks U.S. Gift Card Terms and 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 OF THIS CARD CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. CLARKS RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME.

This gift card is issued by C. & J. Clark Retail, Inc. (“Clarks”), and is redeemable for merchandise only at Clarks retail stores and Clarks outlets in the United States and Puerto Rico, and online at https://www.clarks.com/en-us. Purchases with the card will be deducted from the balance until it reaches $0. This card may not be redeemed for cash except to the extent required by applicable law. There are no service fees or fees for non-use. 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-us/giftcardbalance for balance information. Any term is void where prohibited by law.

Disclaimer and Limitations on Our Liability

YOU USE THE GIFT CARDS AT YOUR OWN RISK. THE GIFT CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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. You agree that prior to submitting any dispute or claim to arbitration for resolution, 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 [insert], of the nature of this dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. During the sixty (60) days following receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing an arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this informal dispute resolution process. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

Arbitration Agreement & Waiver of Certain Rights

You and Clarks agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Clarks or you and a third-party agent of Clarks (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim to [insert]. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us.

Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Clarks will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Clarks from seeking action by federal, state, or local government agencies. You and Clarks also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and Clarks retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor Clarks may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated, or representative basis. The arbitrator can decide only your and/or Clarks individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

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 CLARKS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with Clarks.

Mass Arbitration Process Requirements

If twenty-five (25) or more similar claims are asserted against Clarks by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and Clarks’ counsel shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and Clarks will pay the mediator's fee. If the parties are unable to resolve the remaining matters through mediation at this time, then each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and Clarks will pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section regarding “Disputes” from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Clarks Should a court of competent jurisdiction decline to enforce these "Mass Arbitration Process Requirements," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

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 Retail, Inc. (“Clarks”). Clarks reserves the right to change these e-gift card Terms and Conditions (“Terms”) from time to time in their discretion.

E-Gift Cards

Clarks e-gift cards are redeemable for merchandise only at at Clarks retail stores and Clarks outlets in the United States and Puerto Rico, and online at www.clarks.com/en-us. 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-us/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 e-gift card email. 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.

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 have cash value and should be safeguarded accordingly. 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.

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. THE E-GIFT CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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.

Governing Law and Venue

Subject to the Arbitration provision below, you hereby consent that any dispute relating in any way to Clarks e-gift cards between you and Clarks or its affiliates shall be governed by the laws of Massachusetts and shall be adjudicated in the state or federal courts of Massachusetts.