TOUS les JOURS Gift Card Terms and Conditions
The following Tous Les Jours (“TLJ”) Gift Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to the use of TLJ Gift Cards (“Cards”) issued in the United States. This Agreement is between you, the Cardholder, and TLJ. BY PURCHASING, ACCEPTING, OR USING YOUR CARD, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT PURCHASE, USE, OR ACCEPT THE CARD.
THIS AGREEMENT INCLUDES THE RESOLUTION OF DISPUTES BY ARBITRATION. PLEASE REVIEW THE PROVISIONS REGARDING ARBITRATION BEFORE PURCHASING, USING, OR ACCEPTING THE CARD.
- TLJ reserves the right to change this Agreement from time to time in its sole discretion. Any changes to the Agreement will be provided to you by any reasonable means including, without limitation, by posting the revised version of this Agreement at www.tljus.com. YOUR CONTINUED USE OF THE AGREEMENT AFTER THE POSTING OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
- The Cards do not expire and no fees for inactivity will apply.
- A Card is redeemable at any TLJ store in the United States for purchases. The Cards may not be redeemed for cash except to the extent required by law and are not “rechargeable” (ie. more value cannot be added on the Card).
- NO REFUNDS ARE PERMITTED WITH RESPECT TO THE CARDS.
- The value of any lost, damaged, altered, or stolen Cards will not be replaced.
- TO THE FULLEST EXTENT OF THE LAW, TLJ AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN THE EVENT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT CARD.
- ARBITRATION – You and TLJ agree that any dispute, whether at law or equity, arising out of, or related to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, will be resolved in its entirety by individual binding arbitration, except that you or TLJ may take claims to small claims court if they qualify for said court. You and TLJ agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated, or combined actions or arbitrations or proceedings as a private attorney general are not permitted. YOU AND TLJ WAIVE THE RIGHT TO TRIAL BY JURY. This agreement to arbitrate extends to claims asserted against other parties, including, without limitation, TLJ’s affiliates and related entities. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate will survive the termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate will still be considered valid and enforceable. If any of part of this agreement to arbitrate is deemed invalid or inapplicable, you and TLJ both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis. The parties will submit to final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with AAA’s commercial arbitration rules. The arbitration will take place in Los Angeles, California. Judgment on any arbitration award may be entered in any court having proper jurisdiction. The prevailing party in any arbitration will be entitled to reasonable costs and attorneys’ fees.
- This Agreement will be governed by the laws of the State of California without reference to its conflict of laws rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in Los Angeles, California.
- The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal, or unenforceable, such provision will be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by TLJ, or alternatively, by disposition of an arbitrator or court of law. If such provisions cannot under any circumstances be so modified or restricted, they will be excised from the Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions.
- TLJ reserves the right to refuse to honor a Card where TLJ suspects that the Card was obtained fraudulently.
Last updated: 5/26/2023
