Promotional Gift Cards or Code
TERMS & CONDITIONS FOR PROMOTIONAL E-GIFT CARDS or PROMOTIONAL CODEThe following terms and conditions (the "Agreement") apply to any Promotional e-gift card or code that expire given by Dell or through its partners for free, including "free with purchase" or otherwise (the "Promotional Card/Code"). For terms applying to non-expiring Dell gift cards please see the Purchased Gift Card terms and conditions.
Promotional Card/Code Program Privileges1. By accepting and retaining the Promotional Card/Code or using the Promotional Card/Code, 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 Promotional Card/Code program at any time without notice. The Promotional Card/Code 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, and provides the funding for, the Promotional Card/Code.
Use of the Promotional Card/Code2. The Promotional Card/Code is not a credit card and cannot be used as one. Use of the Promotional Card/Code is limited to the amount of funds associated with the Promotional Card/Code . You cannot increase the funds on the Promotional Card/Code . The Promotional Card/Code may only be used by customers in the 50 United States and the District of Columbia to make purchases of merchandise and services directly from Dell. The Promotional Card/Code is redeemable at dell.com, 1-800-727-6000. In the event of technical difficulties at the time of purchase using the Promotional Card/Code, not all means of redeeming the Promotional Card/Code 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 Promotional Card/Code elsewhere. If you attempt to use the Promotional Card/Code at a non-participating establishment, your purchase will be declined. This Promotional Card/Code is intended for use as a gift to an individual. Resale of this Promotional Card/Code 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, to purchase other Dell gift cards, or to purchase non-Dell branded smartphones or mobile accessories, which are sold through third party partners. Your right to use the funds on the Promotional Card/Code 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 Promotional Card/Code, up to the total funds available on the Promotional Card/Code. Except where required by applicable law, Promotional Card/Code cannot be redeemed for cash or replaced if lost or stolen.
Additional Information on Promotional Card/Code3. You may check the balance remaining on your Promotional Card/Code by calling 1-800-242-5353.
Delivery and Restrictions4. Promotional Card/Code ships separately from purchase and typically arrives in 10-20 days from ship date via email and carries a 90 day expiration (except where prohibited by law). Email address required for eGift Card delivery. Limit of 5 Promotional Cards/Codes per order and per promotional offer for PC sales and limit of 10 Promotional Cards/Codes per order and per promotional offer for electronic & accessory sales. Excludes Dell Advantage rewards which are issued per qualifying purchase without limitation. Not valid for resellers and/or online auctions. Large Enterprise, Federal and Public orders are excluded from Promotional Card/Code offers.
Governing Law5. The laws of Texas govern the Promotional Card/Code and the terms and conditions of this Agreement.
Card Expiration6. Please note that the Promotional Card/Code has an expiry or "valid thru" date. Promotional Card/Code expiry or valid thru date can be found on the carrier to which the Promotional Card/Code was affixed, or by calling 1-800-242-5353. After that date, the funds will expire, and the Promotional Card/Code will not be accepted by Dell. After the expiry or valid thru date, please cut up Promotional Card/Code and dispose of it. Invalid Promotional Card/Code are not replaceable or returnable.
Returns7. You agree to use the Promotional Card/Code only for legitimate purchases of merchandise or services through Dell and not for the purpose of obtaining cash from an establishment. You may not return merchandise or cancel services obtained with the Promotional Card/Code for a cash refund. Credits for returns accepted by Dell will be allocated back to the Promotional Card/Code (in the amount of the portion of the purchase paid with your Promotional Card/Code ) as long as the Promotional Card/Code has not expired. If you receive a credit, the portion paid with your Promo Card (excluding shipping & handling) will be allocated back to the Promotional Card/Code within 3 to 7 business days after Dell receives and processes your returned merchandise. However, if the card has expired, no credit or cash refund will be issued and remaining funds on the card are forfeited.
If you return the purchase that qualified you for a Promotional Card/Code, the Promotional Card/Code will no longer be valid. If the qualifying product is returned for a refund after the Promotional Card/Code has been redeemed, the value of the redeemed card will be deducted from any refund amount.
Supplemental Payment8. It is your responsibility to know the amount of funds available on the Promotional Card/Code 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 any credit card accepted by Dell. Except for the Dell Preferred Account and such credit cards, Promotional Card/Code 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/Code Balance9. If you attempt to use the Promotional Card/Code 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 Promotional Card/Code, 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 Promotional Card/Code (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 Promotional Card/Code results in a Shortage, subject to applicable law.
Lost or Stolen Promotional Card/Code10. Dell is not responsible for loss, theft, or unauthorized use of the Promotional Card/Code. You should safeguard the Promotional Card/Code as if it were cash. Promotional Card/Codes cannot be replaced or reissued if lost or stolen, unless you provide verifiable proof of eligibility deemed sufficient by Dell in its discretion.
Using Multiple Promotional Card/Code11. Dell will only accept a limited number of Promotional Cards/Codes per purchase. Funds from Promotional Cards/Codes cannot be merged with funds from any other Promotional Cards/Codes or other Dell gift cards of any kind.
Misuse of the Promotional Card/Code12. If we suspect misuse of the Promotional Card/Code, it may be suspended or terminated. We may cancel the Promotional Card/Code at any time, without notice. We may condition reimbursements upon return of the Promotional Card/Code . The Promotional Card/Code is the property of Dell.
Arbitration14. 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.