Gift Certificate Terms and Conditions
Last Updated: 08/24/09
These Gift Certificate Terms and Conditions (hereinafter "Terms and Conditions") govern the purchase, use and redemption of gift certificates purchased online from Eva Day Spa LLC, d/b/a Eva Day Spa ("Eva Day Spa"). For questions, comments or suggestions, please contact Eva Day Spa at:
Eva Day Spa
49 1/2 S. Washington St, 2nd floor
Hinsdale, IL 60521
Purchasing, Sending and Receiving Gift Certificates
- Gift certificates are void where prohibited or restricted by law.
- Gift certificates cannot be used to purchase gift certificates.
- Except as provided herein, gift certificates have no cash value.
- Gift certificates are not valid until payment has been received and successfully processed by Eva Day Spa.
- Eva Day Spa reserves the right to refuse service or reverse any gift certificate purchase for any reason and return the funds to the purchaser.
- These terms and conditions also apply to spa gift certificates purchased via SpaEmergency.com and JoyOfSpa.com from Eva Day Spa, which is listed under Chicago Area Spas and Hinsdale, IL Spas.
Redeeming Gift Certificates
- Gift certificates are only redeemable at Eva Day Spa for the amount or service specified on the gift certificate, by the expiration date indicated. Eva Day Spa reserves the right to convert service-based gift certificates to their monetary value, equivalent to what was paid for the gift certificate, at its option and sole discretion.
- Except as required by law, gift certificates are not redeemable for cash and cannot be returned for a cash refund.
- Any unused balance of the gift certificate will remain until redeemed or the original expiration date indicated on the gift certificate, whichever occurs first.
- If a purchase exceeds the amount listed on the gift certificate, the redeemer is responsible for paying the difference at time of purchase.
- For security purposes, a recipient may be required to show valid ID before he or she can redeem the gift certificate.
- Eva Day Spa, its agents and vendors, may provide gift certificate purchasers with information about the redemption status of gift certificates.
Cancellation and Expiration of Gift Certificates
- Eva Day Spa reserves the right to immediately invalidate gift certificates, without notice, should it receive a credit card chargeback, returned check or other form of repudiated payment made towards the gift certificate.
- Eva Day Spa is not responsible for lost or stolen gift certificates. Reasonable and prudent steps are taken to verify the legitimacy of a redeemer and upon full redemption or at the expiration date, the gift certificate will be identified as not valid for payment of any kind.
- Eva Day Spa reserves the right to dishonor the gift certificate, if it reasonably believes it was not validly purchased, has already been redeemed, or the redeemer stole or is otherwise not the intended beneficiary of the purchaser.
- Gift certificates are not valid or redeemable after the expiration date indicated on the gift certificate.
- Eva Day Spa will replace a valid lost gift certificate, provided the original gift certificate hasn't been redeemed and the replacement is issued to either the original purchaser or a verifiable recipient.
- Eva Day Spa reserves the right to contact gift certificate purchasers, or known recipients, to remind them of upcoming expiration dates.
Miscellaneous Terms and Conditions
- Eva Day Spa reserves the right to change these Terms and Conditions from time to time in its sole discretion.
- Eva Day Spa is not responsible for emailed gift certificates that do not reach their intended recipient for reasons beyond its control. Bounced email is not monitored. Receipt of email cannot be verified. Eva Day Spa can only verify receipt of the gift certificate, if the recipient of the gift certificate actually uses the URL enclosed in the email message to access the gift certificate using an internet browser.
- Between 1am and 6am, MST, Eva Day Spa processes future email delivery requests and ships out previously scheduled email. Eva Day Spa is not responsible for late delivery of gift certificates.
- EVA DAY SPA, ITS AGENTS AND AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE NUMBER OR BAR CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND EVA DAY SPA'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE.
- Gift certificates, and these Terms and Conditions, are subject to and governed by the laws of Illinois, without reference to its principles of conflicts of law.
- If any provision of these Terms and Conditions should, for any reason, be held invalid, prohibited by law or unenforceable in any respect, such term will not apply. However, the remainder of these Terms and Conditions shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid, prohibited or unenforceable provision to make it valid and enforceable.
- Risk of loss will pass to the purchaser of the gift certificate upon the electronic transmission of such gift certificate to the recipient or purchaser.