TERMS AND CONDITIONS OF CLUTCH GIFT CARD PROGRAM
Description of Services
Clutch, LLC, a limited liability company organized under the laws of the State of Delaware (“Clutch”), partners with Merchants (“Merchants”) to offer consumers the opportunity to purchase Merchant-branded gift cards through a link on the Merchant’s website to a dedicated Merchant-branded landing page on Clutch’s Gift Card Program online website. After purchase, Clutch physically delivers the Gift Card to the designated recipient by U.S. mail (“Physical Cards”) (if the Gift Card is a physical card) or via email if the Gift Card is electronic (“E-Gift Cards”), all as designated by the consumer in the order. Your use or purchase of a Physical Card or an E-Gift Card (collectively, the “Gift Cards”) indicates your acceptance of these terms and conditions applicable to all Gift Cards. Clutch may, from time to time, change these Terms and Conditions and you agree that any such changes or modifications shall apply to you and to any Gift Cards you purchase.
In purchasing a Gift Card, consumers have the opportunity to select from among a variety of Merchant-branded gift card styles, and to select a Gift Card amount or denomination (up to $500.00 in value). Consumers may then add a standard greeting to the Gift Card recipient. Consumers purchasing an E-Gift Card also have the option to upload a digital photograph for inclusion on the E-Gift Card. [LS1] Physical Cards are mailed to designated recipients with the customized greeting through the U.S. postal service within seven days of purchase. E-Gift Cards are sent via email with the purchaser’s customized greeting within one hour of purchase.
Costs and Fees
Clutch charges the following fees in connection with the purchase of a Gift Card: [LS2]
Physical Gift Card
Order Service Fee (paid by the
no fee to customer
no fee to customer
Clutch does not charge any additional fees or charges for mailing Physical Cards. Clutch may change these fees and charges from time to time and you agree to abide by any changes or modifications to the Gift Card Program upon receipt of written notice of these changes from Clutch.
Secure, Fast Payment
Clutch processes all customer payments securely using a premier third-party processor. Merchants get paid via ACH credit to their designated bank account within 48 hours of purchase. Clutch remits to the Merchants the face value of the Gift Card purchased by the Consumer, less the amount of the credit card processing and service fee (the “Processing Fee”). If the Merchant is a franchisor, then Clutch also reconciles the purchase, payment and use of Gift Cards online or at participating Merchant retail locations (including franchisee locations). If a Gift Card is used to purchase products or services at a franchisee location, the franchisee will ultimately be charged and will pay the Processing Fee, through a monthly reconciliation by Clutch of the Merchant’s Gift Card Program in which the franchisor and the franchisees credits and debits are reconciled. Franchisors do not need to employ any additional reconciliation procedures to be paid for any Processing Fees properly charged to the franchisees.
Clutch provides support to participating Merchants Monday through Friday from 8:00 a.m. to 7:00 p.m. (Eastern Time) Clutch also offers participating Merchants emergency support services at no additional charge 24 hours a day, 7 days each week.
Merchants can contact us online at our Client Support Center. Clutch is available to assist participating Merchants with any questions or issues relating to the Gift Card Program, but Clutch does not have access to information relating to the payment processing side of a Gift Card transaction. Clutch will refer Merchants to the Merchant’s internal support, or to the consumer purchasing a Gift Card to resolve any issues related to processing the payment for Gift Cards.
Orders placed for Physical Cards that are received by 12pm CST will mail the same day; all other orders are processed the next day. All orders are printed, addressed, stamped and delivered to a U.S. Postal Service facility, for further delivery to the recipient designated by the consumer.
E-Gift Cards are delivered via email to the designated recipient’s email address within [one hour] of order placement (or on the scheduled delivery date, if the purchaser specifies a delivery date other than the date of purchase). Clutch is not responsible for any misdirected or undeliverable Gift Cards as a result of incorrect recipient information, email addresses or delivery information, or if the email account designated for delivery is de-activated, disabled, full, rejects the email or is no longer in use.
Physical Gift Cards are activated for use prior to mailing and E-Gift Cards are activated prior to the email sent to the designated recipient. As such, all Gift Cards are active and may be used by the recipient immediately upon receipt. Gift Cards are stored value cards and are not specifically linked to or identified with any particular individual. Risk of loss of and title for Gift Cards passes to the consumer immediately upon electronic transmission of the E-Gift Card or Clutch’s delivery of the Physical Card to a carrier for further delivery to the recipient. Clutch is not responsible for loss or theft of any Gift Cards, the destruction or mutilation of any Gift Cards, or the use of any Gift Cards by any unintended recipient. Clutch is not responsible for any loss or destruction of a Gift Card as a result of the error of the consumer purchasing the Gift Card. Clutch also is not responsible for and is not able to correct any spelling, grammar, text, placement of photographs, fonts, sizing of text or other inaccuracy once an order is placed. Once placed, orders for Gift Cards may not be cancelled or exchanged.
Terms and Conditions of Gift Cards
Participating Merchants in Clutch’s Gift Card Program agree that Gift Cards may be used to purchase products and services at any participating Merchant location nationwide or globally, or online at the participating Merchant’s website. Gift Cards may not be used to purchase Gift Cards. Gift Cards are not redeemable for cash, except to the limited extent required by law. Gift Cards may not be reloaded with additional funds. Each Gift Card is limited in amount to $500.00. Purchases by a single purchaser of all Gift Cards are limited to an aggregate of $10,000 in stored value, calculated on a daily basis.
Orders include the Processing Fee and other service fees payable to Clutch, which fees are non-refundable. You agree that Gift Card balances will not be charged or subject to any maintenance, dormancy of service fees after purchase. Gift Cards do not have an expiration date. You agree that Clutch is not obligated to redeem or honor any Gift Card if the number is invalid or cannot be identified or verified via the Clutch platform. We have the right to not accept any Gift Card if it has been fraudulently obtained or has been reported as stolen.
As the Merchant, you are the issuer of the Gift Cards in your program. You agree to comply with all applicable laws and regulations governing the issuance, redemption and maintenance of stored value cards that are applicable to your issuance of Gift Cards, including state escheat laws.
We currently do not accept returns on gift card purchases.
Warranties Disclaimed by Clutch
Clutch takes no responsibility for any claims or warranties that Merchant may make to consumers regarding its participation in the Gift Card Program or with respect to any Gift Cards. Merchants are solely responsible for any claims and warranties that the Merchant may make to the consumers. Clutch expressly disclaims any warranties or responsibility for any claims relative to the Gift Card Program, except to the extent made in writing by an authorized Clutch representative in a binding agreement with the Merchant. Clutch expressly disclaims any warranties to or any responsibility for claims made by any consumer purchasing or seeking to purchase Gift Cards from Merchant through the Gift Card Program. In furtherance and not in limitation of the foregoing, Clutch is not responsible for the specific content of any Gift Cards, for any photographs, images, marks or logos included in any Gift Card design by the consumer or by the Merchant. Consumers utilizing the Clutch website to purchase Gift Cards expressly agree to comply with all applicable laws and regulations including without limitation, Federal, State and local laws and regulations governing intellectual property, commerce and postal regulations. Clutch expressly reserves the right to cancel or modify any Gift Card order that is not fully in compliance with these Terms and Conditions, and Merchant acknowledges and agrees that Clutch shall have no liability for or relating to any such cancelled or modified Gift Card order.
CLUTCH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, THE SOLE REMEDY, AND CLUTCH’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH THE CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
[LS1]Could this be turned off?
No – its part of the “hard” configuration
[LS2]These fees should NOT be passed onto the customer. JV will cover the cost at the start of the program and may opt to change this at a later point –
the cost for your physical fulfillment is $7.95 – we can remove any fee to the customer on the site
[LS3]Yes, could we change the refund period to 14 days?