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The following Perricone MD® Gift Card Terms and Conditions (“Gift Card Terms”) shall govern your ability to obtain certain electronic gift cards (“E-Gift Cards”) and/or physical gift cards (“Physical Gift Cards,” and together with the E-Gift Cards, the “Gift Cards”) as made available and serviced by N.V. Perricone LLC (“Perricone MD®,” “we,” “our” or “us”). These Gift Card Terms are incorporated into, and governed by, the Perricone MD® Terms of Use (“Terms of Use”). Please review these Gift Card Terms carefully prior to purchasing any Gift Cards. Capitalized terms that are used but not defined herein shall have the meaning set forth in the Terms of Use.

NOTICE: THESE GIFT CARD TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES AND INDEMNIFICATION PROVISIONS. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THESE GIFT CARD TERMS.

Purchasing Gift Cards

Upon completing the applicable Form associated with the purchase of a Gift Card that you have added to your shopping cart, and upon providing the requisite Registration Data, your Active Credit Card will be charged the applicable purchase price for the Gift Card. The information that you provide in connection with Gift Card purchases shall be governed by the Perricone MD® Privacy Policy. All purchases must be made in U.S. Dollars. No sales tax will be charged to your Active Credit Card when purchasing Gift Cards. Gift Cards may not be purchased as part of a Perricone MD®-featured sale, promotion or discount, unless otherwise expressly indicated to the contrary. Additionally, Gift Card purchases do not qualify towards rewards program points, discounts and/or free shipping. All Gift card sales, other than where prohibited by applicable law, are final and non-refundable, and such sales are ineligible for an exchange, cancellation, store credit or refund.

E-Gift Card Delivery

Once your order is confirmed, your E-Gift Card will be e-mailed directly to the e-mail address entered on your Form at checkout. Please ensure that your e-mail address is correct, and update your e-mail address as necessary, to ensure prompt delivery. We are not responsible for E-Gift Cards that are undeliverable for any reason, including your failure to enter an accurate e-mail address. Should an e-mail be returned to us as undeliverable, we will attempt to contact you for a valid e-mail address.

​If your E-Gift Card has not been received within a reasonable period of time after the purchase date, please call us at: 1-888-823-7837; or e-mail us at: info@perriconemd.com. The following is a list of the most common reasons why the e-mail delivery of an E-Gift Card may have failed:

  • Spam filter blocked the e-mail or routed it to a bulk/spam folder;
  • Your firewall blocked the e-mail;
  • Your e-mail inbox is over size limit; and
  • You entered an invalid or incorrect e-mail address.

If a spam filter is blocking Gift Card e-mails from reaching your inbox, you should modify the e-mail settings associated with your e-mail account so that our Gift Card e-mails are not considered spam.

Redeeming Gift Cards; Merchandise Purchases

Gift Cards can only be used to purchase products and/or services on the Perricone MD® website located at www.perriconemd.com (the “Site”). Gift Cards cannot be used at any other website, retail establishment or business. Gift Cards cannot be exchanged or redeemed for cash, and no change will be given (except in CA, CO, CT, MA, ME, NJ, OR, RI, TX, WA and VT to the extent required by law and wherever else required by law). Gift Cards have no expiration date or service fees; provided, however, that Some states may require us to turn over funds from unused gift cards to that state as early as two (2) or three (3) years from the date of purchase, to be held by the state in your name. While no sales tax is charged when buying Gift Cards, purchases paid for with Gift Cards are subject to applicable sales tax.

When making a purchase on the Site, please select the items that you want to purchase and click "checkout." On the billing information page, please enter your Gift Card number and PIN Code along with valid credit card information. When the total amount of your order exceeds the total value on your Gift Card, your credit card will be charged the remaining balance. All of the value on your Gift Card will be used first before any amount is charged to your credit card. When the amount of your order is less than the value on your Gift Card, your credit card will not be charged. Any unused balance will remain on your Gift Card. Only one Gift Card may be used per order. You may not use a Gift Card to purchase other Gift Cards. Gift Cards cannot be reloaded or resold. Refunds for returned items will be credited to the original payment method.

Checking Balance on Gift Cards

You may check your balance on the Site on the Gift Card page or during checkout. You may also call us at 1-888-823-7837 to check the balance on Gift Cards.

Risk of Loss

Ownership and risk of loss of Gift Cards passes to the purchaser as soon as we: (a) send our confirmation to the recipient of an E-Gift Card; We are not responsible for lost or stolen Gift Cards.

Lost or Stolen Gift Cards

Please safeguard your gift card number. If you suspect that someone has copied or stolen your Gift Card, please call us at: 1-888-823-7837; or e-mail us at: info@perriconemd.com immediately. Gift Cards will not be replaced if lost or stolen without proof of purchase. Your gift card number is required for all inquiries.

Dispute Resolution Provisions

The dispute resolution provisions set forth in the Terms of Use shall apply to any and all disputes applicable to the Gift Cards and/or otherwise arising under these Gift Card Terms.

Disclaimer of Warranties

THE GIFT CARDS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PERRICONE MD® MAKES NO WARRANTY THAT THE GIFT CARDS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; AND/OR (C) WILL BE ACCURATE OR RELIABLE. THE GIFT CARDS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PERRICONE MD® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PERRICONE MD® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE GIFT CARDS; (B) THE UNAUTHORIZED ACCESS TO YOUR GIFT CARD(S); AND/OR (C) ANY OTHER MATTER RELATING TO THE GIFT CARDS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE PERRICONE MD® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF PERRICONE MD® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE AS SET FORTH IN THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS OF USE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PERRICONE MD®. ACCESS TO THE GIFT CARDS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF PERRICONE MD® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Modification/Termination of the Gift Card Program and/or Gift Card Terms

Perricone MD® may modify these Gift Card Terms and/or terminate the Gift Card program at any time, in its sole discretion, by posting amended Gift Card Terms, or a termination notice, by and through the Site, or by sending an e-mail to the e-mail addresses associated with the applicable Gift Card purchasers. Such notice shall be effective immediately after it is posted or e-mailed, as applicable; provided, however, that no such modification or termination shall affect Gift Cards purchased prior to the date of such modification/termination. If any such modification is unacceptable to you, your only recourse is to cease purchasing new Gift Cards.

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