TERMS & CONDITIONS FOR PURCHASED DELL PHYSICAL AND/OR E-GIFT CARDS
The following terms and conditions (the “Agreement”) apply to any non-expiring Dell physical and/or e-gift card (the “Card”). For terms applying to Dell gift cards that have an expiration date, including cards given “free with purchase” please see the Promotional Dell Gift Card terms and conditions is available here. To determine which card you have please reference the back of the card.
Card Program Privileges
1. By purchasing the Card, accepting and retaining the Card, or using the Card, you agree to these terms and conditions, as well as future terms and conditions and program/service changes. We reserve the right to change the format, elements, and terms and conditions of the Card program at any time without notice. The Card and associated offers are void where prohibited by law. Dell Marketing USA LP, along with its subsidiaries and affiliates, (“Dell”, “we”, “our”, or “us”) is the issuer of the Card.
Use of the Card
2. The Card is not a credit card and cannot be used as one. Use of the Card is limited to the amount of funds held on the Card. You cannot increase the funds on the Card. The Card may only be used by customers in the 50 United States and the District of Columbia to make purchases of merchandise and services from Dell. The card is redeemable at dell.com, 1-800-727-6000. In the event of technical difficulties at the time of purchase using the Card, not all means of redeeming the Card may be available and Dell will provide additional instructions on the method of redemption. Except as set forth herein, you agree that you shall not use the Card elsewhere. If you attempt to use the Card at a non-participating establishment, your purchase will be declined. Resale of this Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Funds cannot be used as a payment on a Dell Preferred Account, Dell Business Credit, Dell Account, Dell Lease, or to purchase other Dell Cards. Your right to use the funds on the Card is a limited right, subject to the terms and conditions of the Agreement and applicable law. Dell is not responsible for pricing, typographical, or other errors, in any offer by Dell and reserves the right to cancel any orders resulting from such errors. The full amount of each purchase, including taxes, will be deducted from the funds held on the Card, up to the total funds available on the Card.
Additional Information on Card Usage
3. You may check the balance remaining on your Card by calling 1-800-242-5353 or www.dell.com/gcbalance
4. The laws of Texas govern the Card and the terms and conditions of this Agreement.
5. The funds on Cards do not expire. Please note that while Card funds do not expire, gift cards given by Dell or through its partners for free, including cards given “free with purchase,” (“Promotional Cards”) are subject to an expiration date. More information on Promotional Card terms and conditions can be found at dell.com/giftcard/promoterms. To determine if your card expires please see the information on the back of the card.
6. Funds on the Card are redeemable for the purchase of merchandise or services at dell.com or 1-800-727-6000. Credits for returns accepted by Dell will be allocated back to the Card.
7. It is your responsibility to know the amount of funds available on the Card at the time of purchase. To obtain your fund availability, call 1-800-242-5353. If your desired purchase amount is greater than your available funds, supplemental payment may be made using the Dell Preferred Account or any credit card accepted by Dell. Except for the Dell Preferred Account and such credit cards, Cards will not be accepted by Dell in combination with any other form of payment including, without limitation, Dell Account or Dell Business Credit. Dell reserves the right to solely determine which credit cards it shall accept. Such credit cards are subject to change without notice.
Shortages/Negative Card Balance
8. If you attempt to use the Card for an amount greater than your available fund balance, the transaction will prompt you to use an additional form of payment to cover the remaining balance. To use supplemental payment (see Supplemental Payment above), you should instruct Dell to apply an amount not to exceed the funds available on the Card, and inform Dell that you will pay the balance with a credit card accepted by Dell. If, for any reason whatsoever, a transaction is processed despite insufficient available funds on the Card (creating a "negative" amount, referred to herein as a "Shortage"), you agree to reimburse us, upon request, for the amount of the Shortage. In addition, we reserve the right to charge a Shortage fee of $25 per transaction every time your use of the Card results in a Shortage, subject to applicable law.
Lost or Stolen Cards
9. You should safeguard the Card from unauthorized use. Except where required by applicable law, Cards cannot be redeemed for cash or replaced if lost or stolen, and only then after providing proof of purchase.
Using Multiple Cards
10. Dell will only accept a limited number of Cards per purchase. If you would like to use more than one Card, you can merge funds from multiple Cards onto one Card by calling Dell’s Customer Service department at 1-800-624-9897. Your Card can only be merged with other non-expiring Cards issued by Dell or through its retailers and affiliates. When you call you will be asked to fax photo copies of the Cards to verify possession. Gift cards that were not originally purchased but were distributed by Dell or its partners for free may not be merged with purchased Cards. Dell reserves the right to reject request for consolidation of any Cards at its own discretion for any reason.
Misuse of the Card
11. If we suspect misuse of the Card, it may be suspended or terminated. We may cancel the Card at any time, without notice. We may condition reimbursements upon return of the Card. The Card is the property of Dell.
Notice of Data Protection and Privacy
13. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND DELL arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between you and Dell. NEITHER YOU NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Dell will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if you prevail on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.