Gift Card Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING STEVE MADDEN GIFT CARDS. YOUR USE OF STEVE MADDEN GIFT CARDS CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS OF USE, THE STEVE MADDEN WEBSITE TERMS OF USE, AND THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR THE TERMS OF OUR PRIVACY POLICY, PLEASE DO NOT USE THE GIFT CARDS. PLEASE NOTE THAT THESE TERMS OF USE REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN NEW YORK, NEW YORK (OR THE CITY NEAREST TO YOU WHERE THE AMERICAN ARBITRATION ASSOCIATION HAS AN OFFICE), THAT YOU WAIVE ANY RIGHT TO JURY TRIAL, AND THAT YOU WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. PLEASE REVIEW SECTION 9 REGARDING GOVERNING LAW, ARBITRATION AND NO CLASS ACTIONS FOR COMPLETE DETAILS.
STEVE MADDEN GIFT CARDS TERMS OF USE AGREEMENT
By purchasing or using a Steve Madden Gift Card, you agree to the following terms and conditions, which govern the issuance, purchase, retention, use and disposal of such gift cards.
1. Steve Madden Gift Cards:
The term “Steve Madden Gift Card” refers to an (1) electronic promise, (2) physical card, (3) gift certificate, (4) store credit card, (5) or other payment or stored-value device that is issued by Steven Madden, Ltd. and is: (i) redeemable at Steven Madden, Ltd. stores, Steve Madden Outlet stores and at stevemadden.com; (ii) issued in a specified amount; (iii) purchased on a prepaid basis in exchange for full payment; and (iv) upon presentation, honored by Steven Madden, Ltd. for goods or services.
We offer Steve Madden Gift Cards to make it easier for you to shop with us and to make your relationship with us more rewarding. The dollar value that you load onto your card is a prepayment for eligible goods and services. Steve Madden Gift Cards can be issued up to a maximum value of $250.00 and may be redeemed only towards the purchase of eligible goods and services sold by Steven Madden, Ltd. in Steve Madden stores, Steve Madden Outlet stores, and at stevemadden.com. Eligible goods and services are subject to change, in the company’s sole discretion.
Steve Madden Gift Cards may not be used or redeemed with certain promotional offers, may not be applied as payment on any account, and may not be used to purchase other Steve Madden Gift Cards. The term Steve Madden Gift Card does not include a gift card or similar stored-credit device issued by any merchant other than Steven Madden, Ltd. Steve Madden Gift Cards are non-refundable, non-reloadable, cannot be increased in value, may not be resold or transferred for value, may not be returned or cancelled after purchase, and may not be redeemed for cash, except pursuant to the limited redemption provision set forth below.
After entering your Steve Madden Gift Card during checkout, the balance will immediately be deducted from the order total. If your order total exceeds the amount on your gift card, you can pay the remainder with a credit or debit card, PayPal account, product voucher, additional gift card(s) or cash. Any remaining balance on a Steve Madden Gift Card after a purchase can be used for future purchases.
Refunds for orders paid with a Steve Madden Gift Card are applied to the gift card. If you return an order purchased with multiple Steve Madden Gift Cards, the total dollar value will be refunded to the most recently purchased gift card. If you return a product purchased with multiple methods of payment, the refund is first applied to the credit or debit card or PayPal account, up to the original amount charged, and then to the gift card.
The value on your Steve Madden Gift Card is not insured by the Federal Deposit Insurance Corporation (FDIC), and does not earn interest.
You can check the balance for Steve Madden Gift Cards purchased in Steve Madden retail stores by calling 1-800-426-0282 or by visiting a Steve Madden retail store.
For DIGITAL Gift Cards balance check please check here.
2. Expiration Dates:
Steve Madden Gift Cards do not expire. However, under some states’ laws, gift cards, gift certificates, and similar forms of customer credit that are not used by the holder within, or are inactive for, a prescribed period of time will be deemed to be abandoned and to escheat either to the state or to the merchant.
3. Fees:
Steven Madden, Ltd. does not impose dormancy, inactivity, maintenance or service fees on Steve Madden Gift Cards.
4. Redemption for Cash:
The holder of a Steve Madden Gift Card with a balance of less than $10.00 in California, and a balance of $5.00 or less in all other states, may redeem that balance by requesting redemption in a Steve Madden store, or by phone at 1- 888-SMADDEN (1-888-762-3336). In such instances, Steven Madden, Ltd. will provide the customer with the refund by a check to be issued by mail within 30 calendar days after the customer’s request. No purchase by the holder is required to initiate redemption as long as the Steve Madden Gift Card has a balance that qualifies for redemption. Steven Madden, Ltd. will not redeem or refund the value of Steve Madden Gift Cards absent a request by the holder to do so.
Steven Madden, Ltd. may require personal information about the person who presents the Steve Madden Gift Card for redemption or who will receive the refund, including but not limited to the person’s name, physical address, email address, telephone number and driver’s license. The personal information provided will be used only for the purpose for which it is collected, i.e., identification of the person who requests or will receive the refund, and processing of the refund.
5. Reloading the Gift Card:
Steve Madden Gift Cards are not reloadable and may not be increased in value by the purchaser or the holder of the Steve Madden Gift Card.
6. Replacement:
Lost or stolen Steve Madden Gift Cards are the responsibility of the holder, and will not be replaced by Steven Madden, Ltd. At Steven Madden, Ltd.’s discretion, inoperable gift cards with remaining value may be replaced when the gift card is presented in person at a Steve Madden store by the gift card holder and the account is verified by Steven Madden, Ltd.
7. Fraud:
Steven Madden, Ltd. reserves the right to not accept any Steve Madden Gift Card, and to limit or prohibit use of any Steve Madden Gift Card and the balance associated therewith, if we reasonably believe that the use is unauthorized, fraudulent, otherwise unlawful, the result of a card mistakenly issued in an incorrect denomination, or the result of violation of these terms and conditions. Steven Madden, Ltd. does not accept, or recognize the validity of, Steve Madden Gift Cards purchased from third-party sellers and re-sellers of pre-paid gift cards, and does not guarantee the legitimacy of any such cards. Such cards may be fraudulent, and may have been purchased from Steven Madden, Ltd. using stolen credit cards or credit card information.
If Steven Madden, Ltd. discovers that any Steve Madden Gift Card or balance was sourced or derived from fraud or other unlawful means, or in the event of any violation of these terms and conditions, in our sole discretion we may cancel, suspend, reject or hold any or all impacted Steve Madden Gift Cards or orders, and retain any or all related funds or card balances, without notice or liability to you. We may use retained Steve Madden Gift Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Steve Madden Gift Cards.
Steven Madden, Ltd. has no liability to you for any third party fraud or unlawful activity associated with any balance on your Steve Madden Gift Card.
8. Cancellation:
Steven Madden, Ltd. reserves the right to terminate at any time any or all Steve Madden Gift Cards without cause. In such event, we will refund or issue store credits equal to the balance on the cancelled card(s), less any amounts that you may owe us.
9. Governing Law, ARBITRATION and NO CLASS ACTIONS
These terms and conditions constitute an agreement between you and Steven Madden, Ltd. regarding your acquisition and use of Steve Madden Gift Cards. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
Use of a Steve Madden Gift Card or website constitutes acceptance of these terms and conditions and of the Steven Madden, Ltd. Privacy Policy.
We reserve the right to change these terms and conditions from time to time, without notice and in our sole discretion.
Should any dispute arise between Steven Madden, Ltd. and the purchaser or holder of a Steve Madden Gift Card, the purchaser or holder agrees that such dispute will be resolved as described below.
(a) GOVERNING LAW. THESE TERMS AND THE INTERPRETATION OF THESE TERMS OF USE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES, AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
(b) ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND STEVEN MADDEN LTD., AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO STEVE MADDEN GIFT CARDS, TO STEVE MADDEN WEBSITES, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITES AND GIFT CARDS CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE NEW YORK STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN NEW YORK, NEW YORK, OR IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
(c) NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO STEVE MADDEN GIFT CARDS, TO STEVE MADDEN WEBSITES, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE GIFT CARDS OR WEBSITES, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS OF USE.
