Terms of Sale
VIRTUAL COMMERCE, LLC (“VIRTUAL COMMERCE, LLC,” “we” or “us”) makes MERCHANT-ISSUED VIRTUAL GIFT CARDS (Exchange Card) available for purchase through our website and mobile applications. Your purchase of any Exchange Card is governed by these Terms of Sale (“Terms”). Your purchase of an Exchange Card, described in Section 1.3 below, is governed by the applicable terms and conditions of that Exchange Card and these Terms will cease to apply at the time of such purchase.
These Terms are a legal agreement between you (“you,” or “your”) and VIRTUAL COMMERCE, LLC. By purchasing VIRTUAL COMMERCE, LLC. Exchange Card and/or clicking to “Accept” these Terms where that option is made available to you, you agree to be bound by these Terms. If you do not agree to these Terms, do not make any purchases from VIRTUAL COMMERCE, LLC.
VIRTUAL COMMERCE, LLC reserves the right to change, modify, add or remove all or part of these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting such changes on our websites or mobile applications and updating the “Last Updated” date at the top of these Terms. We encourage you to review these Terms each time you make a purchase from VIRTUAL COMMERCE, LLC to ensure you understand the terms and conditions that apply to such purchase. Your continued use of VIRTUAL COMMERCE, LLC Exchange Card indicates your acceptance of any changes to the Terms.
1. Exchange Card
1.1 MERCHANT-ISSUED VIRTUAL GIFT CARDS.
Our websites and mobile applications allow you to buy and send our MERCHANT-ISSUED VIRTUAL GIFT CARDS(“Exchange Card)”). The Exchange Card may be initially loaded in variable amounts with specified increments but no more than $2,000 per Exchange Card and is only valid for the purchase by you (or the recipient of your Exchange Card) via the VIRTUAL COMMERCE, LLC websites or mobile applications. If you purchase multiple Exchange Card on a single day, the total amount that you load on all the cards should not exceed $10,000. Unless otherwise stated, Exchange Card have no fees and will never expire; however, based upon the laws in the applicable state, if you (or the recipient of your Exchange Card) do not use the Exchange Card your funds may be escheated to such applicable state. Exchange Card are not redeemable for cash and no refunds or exchanges will be provided for Exchange Card (except as required by law).
1.2 Gift Cards and Exchange Card.
We offer a variety of gift cards and Exchange Card (collectively, “Exchange Card or Gift Cards”) for purchase via our websites or mobile applications. VIRTUAL COMMERCE, LLC accepts various forms of payment, including credit or debit cards (each, a “Payment Card”) All Exchange Card or Gift Cards are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice and the price charged to you will be the price displayed at the time you place your order.
Exchange Card or Gift CardMerchant Terms and Liability.
Exchange Card or Gift Cards purchased via our websites or mobile applications are issued and activated by participating third-party merchants. Your purchase of each Exchange Card or Gift Card will be governed by certain terms and conditions established by the issuing Merchant. Depending on the applicable law of your jurisdiction and the promotional nature of certain Exchange Card or Gift Cards, Merchants may set expiration dates for such Exchange Card or Gift Cards, in addition to other restrictions and requirements. You should review and familiarize yourself with all applicable Merchant terms and conditions prior to purchasing any Exchange Card or Gift Card. If you have questions regarding the applicable Vendor terms, please contact the issuing Merchant.
As issuers of the Exchange Card or Gift Cards, Merchants (and not VIRTUAL COMMERCE, LLC ) are fully responsible for all aspects of their Exchange Card or Gift Card programs. While VIRTUAL COMMERCE, LLC strives to work with reputable Merchants, VIRTUAL COMMERCE, LLC has no liability for (i) the sale of products or services to you by a Merchant through the use of any Exchange Card or Gift Card; and (ii) any Merchants failure to honor an Exchange Card or Gift Card. You will need to look solely to the Merchant for any remedy in connection with the foregoing issues.
Exchange Card or Gift Card Errors.
We attempt to be as accurate as possible and to eliminate errors on the products that we sale; however, VIRTUAL COMMERCE, LLC does not represent or warrant that any Exchange Card or Gift Card and information about the Exchange Card or Gift Card (including the description, Merchant information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing an Exchange Card or Gift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.
1, In addition to the disclaimers, limits on liability and indemnification obligations set forth in the Terms of Service, which apply to these Terms and are incorporated herein by this reference, you waive and release VIRTUAL COMMERCE, LLC and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities, damages and costs arising from or related to (i) your loss or the theft of any VIRTUAL COMMERCE, LLC product (including Exchange Card or Gift Cards); and (ii) any act or omission of a Merchant in connection with an Exchange Card or Gift Card it provides.
2, With respect to the VIRTUAL COMMERCE, LLC products, risk of loss and title for such products pass to you when you complete your purchase of the applicable product. VIRTUAL COMMERCE, LLC is not responsible for any damage or loss resulting from stolen or lost VIRTUAL COMMERCE, LLC product (including Exchange Card or Gift Cards) or any use of your VIRTUAL COMMERCE, LLC product (including Exchange Card or Gift Cards) without your permission. VIRTUAL COMMERCE, LLC is not responsible for replacing your damaged or lost VIRTUAL COMMERCE, LLC product or Exchange Card or Gift Card.
3, VIRTUAL COMMERCE, LLC and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to the VIRTUAL COMMERCE, LLC products, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
4, All VIRTUAL COMMERCE, LLC products are freely transferrable within the USA or those countries acceptable and agreeable to the Merchant.
These disclaimers and limitations may or may not apply to you and are void where prohibited.
3. Payment Options
When making a purchase on the websites or a mobile application, VIRTUAL COMMERCE, LLC accepts Payment Cards and may accept PayPal, Apple Pay, Google Wallet and Bitcoin. Unless otherwise indicated, the denominated value of the VIRTUAL COMMERCE, LLC product (including Exchange Card or Gift Card) will be billed in full at the time you purchase, and VIRTUAL COMMERCE, LLC provides, the VIRTUAL COMMERCE, LLC product or Exchange Card or Gift Card. By making the purchase, you acknowledge that you are authorized to use the designated Payment Card or other payment method and you authorize us to charge your purchase order to that Payment Card or other payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process your payment. In the event that the Payment Card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment Card processing fees may apply even if the Payment Card has expired or changed by the time VIRTUAL COMMERCE, LLC submits the charges. You are responsible for resolving any problem we encounter in order to proceed with your order.
With respect to the Exchange Card or Gift Cards that you purchase on the website or mobile applications, the amount paid for any Exchange Card or Gift Card does not include sales, value added or use taxes, which may be charged to you separately by the applicable Merchant at the time you purchase products or services from the Merchant using the Exchange Card or Gift Card.
5. Cancellations; No Returns
All purchases made on the websites or mobile applications are final. Purchased Exchange Card or Gift Cards are non-returnable and non-refundable, provided, however, that if an Exchange Card or Gift Card does not function, we may, in our sole discretion, either refund you the Exchange Card or Gift Card purchase amount or replace the defective Exchange Card or Gift Card with an alternative Exchange Card or Gift Card or with products or services of equal value for the same Exchange Card or Gift CardMerchant. If you have any questions or problems with your order, please contact firstname.lastname@example.org
6. Excluded Users and Territories
You are not permitted to make purchases from VIRTUAL COMMERCE, LLC if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
10. Contact Us
If you have any questions or concerns regarding these Terms or the VIRTUAL COMMERCE, LLC products, please contact us at: email@example.com