Terms and Conditions Applicable to Albert and Brown Supply Company Electronic Gift Cards
About Albert and Brown Supply Company Gift Cards:
Albert and Brown Supply Company offers electronic gift cards as determined that can be redeemed for the purchase of products and services, as applicable, from Albert and Brown Supply Company, unless otherwise indicated on the Gift Card or in these Terms and Conditions.
- The terms “you” and “your” refer to the person who purchased the Gift Card and/or the person who uses the Gift Card.
- The purchase and/or use of a Gift Card constitutes your acceptance of these Terms and Conditions, as amended from time to time by Albert and Brown Supply Company in its sole discretion.
- Gift Cards cannot be resold.
- Gift Cards are not redeemable for cash and are non-refundable, except where required by law.
- Gift Cards are not re-loadable.
- The available balance on Gift Cards does not expire.
- Gift Cards are not credit or debit cards, but constitute a prepayment on the cost of purchases from Albert and Brown Supply Company
- There is no cash back for unused balances on Gift Cards, except where required by law.
Purchasing a Gift Card:
- Gift Cards can be purchased online at www.albertandbrown.ca.
- Gift Cards must be purchased in Canadian dollars.
- Gift Cards purchased online may be paid for by any payment method that Albert and Brown Supply Company accepts at time of purchase. Albert and Brown Supply Company reserves the right to change the permitted methods of payment, including without limitation, the credit cards Albert and Brown Supply Company is able to accept, at any time.
- All Gift Card sales are final. You cannot cancel an online order once it has been paid for.
- Gift Card purchases will only be shipped to a valid mailing address within Canada.
- Electronic Gift Cards will be emailed to the indicated recipient on the date specified in the online order.
- Albert and Brown Supply Company will use commercially reasonable efforts to deliver your order as quickly as possible within the time period(s) indicated; however, Albert and Brown Supply Company will not be responsible for any delays in delivery which are beyond its control.
- Albert and Brown Supply Company reserves the right to hold, suspend, cancel or refuse an order for which fraud, a violation of these Terms and Conditions, or a security risk is suspected. If your order is affected, you will be notified via email.
Albert and Brown Supply Company is not responsible for Gift Cards that are not delivered or not received due to inaccurate delivery information.
- By making an online purchase of a Gift Card, you represent and warrant to Albert and Brown Supply Company as follows:
- You are responsible for the accuracy of all information that you provide to Albert and Brown Supply Company;
- For electronic Gift Cards to be delivered to any person other than yourself, you have a personal or family relationship with the Gift Card recipient as described in Canada’s Anti-Spam Legislation (“CASL”), and you have the full and complete authority and consent of the Gift Card recipient to provide the recipient’s name and email address to Albert and Brown Supply Company.
- You are not breaching any contract, duty or law or infringing anyone’s intellectual property, privacy or other legal rights.
Redeeming a Gift Card:
- Gift Cards cannot be replaced if already redeemed.
- The full stored value of the Gift Card will be applied to the total eligible amount of your in-store purchase. Any unused portion will remain on the Gift Card and can be applied towards future in-store purchases.
- Gift Cards may be void if altered, damaged or defaced.
- You can use multiple Gift Cards to pay for your in-store purchases. If there is an amount owing once your Gift Cards have been used, you must select another method of payment to complete your transaction.
Lost, Stolen or Damaged Gift Cards:
- Gift Cards cannot be recovered or replaced if lost or stolen. Gift Cards may be void if altered, damaged or defaced.
- For online purchases, once the order has been emailed to the indicated recipient, Albert and Brown Supply Company is not responsible for such Gift Cards, including where such Gift Cards are lost, stolen or damaged by any third party handling the Gift Card other than Albert and Brown Supply Company.
- If you ordered an electronic Gift Card online and the intended recipient has not received the electronic Gift Card, ask them to check their junk mail or deleted items. If they still have not received it, please contact us by emailing [email protected] or calling 1‑613-771-9990 If the electronic Gift Card has not been redeemed, we can cancel the Gift Card and re-issue the electronic Gift Card.
- You are responsible for ensuring that any delivery information, including email delivery addresses, is correct and accurate. Albert and Brown Supply Company is unable to correct delivery information after an order has been confirmed. Albert and Brown Supply Companyw is not responsible for Gift Cards that are not delivered or not received due to inaccurate delivery information.
- The risk of loss and title for Gift Cards passes to the purchaser upon electronic transmission of the electronic Gift Card to the recipient or once the plastic Gift Card order has been shipped and placed with a mail delivery carrier. Albert and Brown Supply Company is not responsible for lost, damaged or stolen Gift Cards. Gift Cards should be safeguarded just like cash. If you suspect that someone has copied or stolen your Gift Card number contact Albert and Brown Supply Company via email at [email protected] or phone on 1-613-771-9990 immediately.
Refunds on Redeemed Gift Cards:
- A receipt is required for returns of purchases made with a Gift Card.
- If you return your in-store purchase that you paid for using a Gift Card, Albert and Brown Supply Company will issue you a refund on the same Gift Card or issue you a new Gift Card with the refund amount.
- If you split payment between Gift Cards, the refund is based on what portion of the transaction was billed in each Gift Card.
Cancelling or Refusing a Gift Card:
- Albert and Brown Supply Company reserves the right to cancel or refuse a Gift Card associated with an unauthorized transaction at any time.
- The laws of the Province of Ontario, without regard to the principles of conflict of law, govern these Terms and Conditions and all matters relating to or arising out of the purchase and/or use of the Gift Cards. Any dispute relating in any way to a Gift Card will be adjudicated by the courts of the Province of Ontario and you submit to the exclusive jurisdiction and venue of such courts.
- Albert and Brown Supply Company reserves the right to change these Terms and Conditions at any time in its sole discretion. You agree to accept any changes as a condition of your maintaining or continuing to use the Gift Cards.
- Gift Cards cannot be used in a manner that is indecent or illegal, or negatively impacts Albert and Brown Supply Company‘s reputation or goodwill.
Limitation of Liability and Indemnification:
Albert and Brown Supply Company IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY , WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, FOR ANY CLAIMS, COSTS, DAMAGES OR EXPENSES ARISING OUT OF: (I) YOUR NEGLIGENT ACT OR OMISSION, WILLFUL MISCONDUCT OR FRAUD; (II) ANY BREACH OR DEFAULT BY YOU OF THE OBLIGATIONS UNDER THESE TERMS AND CONDITIONS; (III) Albert and Brown Supply Company‘s FAILURE TO CARRY OUT ITS OBLIGATIONS IF THE FAILURE IS CAUSED BY A THIRD PARTY, A SYSTEM OR DATA PROCESSING FAILURE OR ANY OTHER ACT OR OMISSION OUTSIDE OF Albert and Brown Supply Company‘s CONTROL; AND (IV) ANY LOSS OF PROFITS OR INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES REGARDLESS OF HOW THEY ARISE.
Albert and Brown Supply Company MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO the Gift CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, or non-infringement. if there is any issue with or related to a gift card (including without limitation IF A GIFT CARD CODE IS NON-FUNCTIONAL), YOUR SOLE REMEDY, AND Albert and Brown Supply Company‘s SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
You shall indemnify and hold harmless Albert and Brown Supply Company and its officers, directors, employees, agents, subcontractors or representatives from and against any and all third party charges, claims, losses, demands, damages, liabilities, costs, expenses, causes of action or suits (collectively, “Losses”) incurred or suffered by Albert and Brown Supply Company or its officers, directors, employees, agents, subcontractors or representatives to the extent resulting from: (a) your negligent act or omission, willful misconduct or fraud; and (b) any breach or default (including without limitation breach of a representation or warranty hereunder) by you of the obligations under these Terms and Conditions.