The following terms and conditions (the "Terms") apply to the purchase and use of Andrews In-Store Gift Cards. Your purchase and use of the In-Store Gift Cards constitute your agreement to follow and be bound by these Terms. In-Store Gift Cards denominated in Canadian dollars are issued by Andrews.
Redemption & Use
In-Store Gift Cards can only be purchased in a store and can only be redeemed in a store. In-Store Gift Cards may not be returned or applied as payment on any account. Gift Cards may not be redeemed for cash except as required by law.
Balance Inquiry
Balance inquiries can be made in store or over the phone. To make a balance inquiry over the phone, the customer can call any store location and provide the gift card number for the balance.
Expiration & Fees
In-Store Gift Cards do not expire, and there are no fees associated with them.
Lost, Damaged or Stolen Cards & Fraud
Andrews will not be responsible if your In-Store Gift Card is used without your permission. If we learn our customers were negatively impacted by an issue with our Gift Card systems, we’ll work quickly to take care of them. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly. Andrews reserve the right to refuse to accept In-Store Gift Cards that Andrews suspects or believes were obtained fraudulently. If a physical gift card purchased in store has been lost the customer can get in touch with the store that they purchased it from to have it replaced.
Limitation of Liability
GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS, AND ANDREWS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANDREWS DO NOT REPRESENT OR WARRANT THAT YOUR ONLINE GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. ANDREWS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE ONLINE GIFT CARDS OR USE OF SUCH ONLINE GIFT CARDS. IN THE EVENT THAT ANDREWS ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE PROVINCE ON ONTARIO OR OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
Dispute Resolution & Applicable Law
In the event that our Customer Service team is unable to resolve your concern, any disputes arising out of your purchase or use of the In-Store Gift Cards or these Terms will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Consumer Protection Act and law in Ontario apply to this agreement.
Note: There is no judge or jury in arbitration, no class action, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered offices: 89 Tycos Drive, Unit 101, Toronto, Ontario M6B 1W3, Canada. Payment of all filing, administration and arbitrator fees will be governed by the applicable rules. We will reimburse those fees for claims totaling less than $10,000. Likewise, Andrew’s will not seek lawyers’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions or in person in the county where you live or at another mutually agreed location.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
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 AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ANDREWS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Applicable Law
The law applicable to the interpretation and construction of these Terms shall be the Consumer Protection Act, applicable federal laws and the laws of the province of Ontario, Canada, without regard to principles of conflict of laws, but subject to the Consumer Protection Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Online Gift Cards or use of the Online Gift Cards, including all disputes, will be governed by the laws of Canada and by the laws of the province of Ontario.
General Terms
We reserve the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
