Ralph Lauren Gift Card Terms and Conditions

The following Ralph Lauren Gift Card Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to use of Ralph Lauren Gift Cards and Virtual Gift Cards that are purchased in the United States, Canada or Puerto Rico at retail stores or online, or that are given in exchange for merchandise returned in certain circumstances (collectively “Cards”).  This Agreement is between you, the Cardholder, and RL Finance B.V., a Netherlands affiliate of Ralph Lauren Corporation (“Issuer”).  By purchasing, accepting or using your Card, you agree to be bound by this Agreement.  If you do not agree with this Agreement, do not purchase, use or accept the Card.  IMPORTANT:  Except where prohibited by applicable law (which may include the province of Quebec), this Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver.

1. About Your Card.  The Cards are issued by Issuer.  Issuer is responsible for the operation and maintenance of the Card program.  Issuer is the sole legal obligor to the Cardholder; provided, however, that Issuer may assign its obligations with respect to the Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder.  Ralph Lauren Corporation and its affiliates (other than Issuer) (collectively, “Ralph Lauren”) bear no responsibility or liability for any Cards, and you hereby knowingly release Ralph Lauren from any and all liability or claims of any nature whatsoever arising in connection with your Card. Cards can be purchased at participating Ralph Lauren, RRL, and Polo Factory Stores, online at RalphLauren.com, or from an authorized third-party distributor.  Cards may also be provided to you in exchange for merchandise returned in certain circumstances.  Cards cannot be purchased at a discount.
    
2. Not for resale.  Card cannot be resold.  Card is valid only if obtained at Ralph Lauren, RRL, and Polo Ralph Lauren Factory Stores, online at RalphLauren.com, or from an authorized third-party distributor.  Card is not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites.

3. Balance Inquiry.  For balance inquiries, call 1-855-284-3911 or visit RalphLauren.com/GiftCard.  The balance you receive when inquiring over the telephone or online is an estimate only.  In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.  Please have your Card number available.

4. Expiration/Deactivation.  Cards do not expire.  No fees for inactivity or service fees apply.   Issuer and Ralph Lauren reserve the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration.

5. Redemption.  Cards are redeemable up to balance only to purchase merchandise at participating Ralph Lauren, Polo Ralph Lauren, RRL, and Polo Ralph Lauren Factory stores in the United States, Canada and Puerto Rico and online at RalphLauren.com.  Card is issued in the currency of the country in which it was purchased.  A currency exchange rate applies if the Card is redeemed in a different country.  PIN is required for online redemptions.  Cards are not debit or credit cards.  Cards have no cash value and may not be redeemed for cash, except as required by law.  Cards are not redeemable to purchase another Card or towards previously purchased merchandise, and cannot be applied towards the payment of a credit account.  Refunds for any return of merchandise purchased using the Card will be issued in the form of a Card.

6. Not Reloadable.  Cards cannot be reloaded with value.

7. No Refunds.  No refunds or exchanges are permitted with respect to Cards, except as required by law.

8. Lost, Damaged or Stolen Card.  Safeguard your Card, as Card will not be replaced if lost, stolen, damaged or used without authorization, unless the Card is unused and you provide proof of purchase of the Card.

9. Online Purchases.  If you purchase a Card online, the online Terms of Use will be applicable to your purchase.  In the event of a conflict between the Terms of Use and these Gift Card Terms and Conditions, these Gift Card Terms and Conditions shall control.

10. MANDATORY BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER CLAUSE APPLIES TO YOU. Please read this section carefully.  It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.

DISPUTES

Issuer, including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and you agree that any and all disputes or claims relating in any way to this Agreement and your use of the Card, including disputes concerning the scope or applicability of this agreement to arbitration (“Disputes”), as well as questions as to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Agreement became effective, will be resolved in a confidential and individual arbitration process, and not in court.  Each of us agrees to give up our right to sue in court (except small claims court), our right to have our claims heard by a jury, and our right to participate in a class action or represent, in a class action or otherwise, anyone but ourselves. 

The only exceptions to this arbitration agreement are that (i) each of you and we retain the right to sue in small claims court and (ii) each of you and we may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.

This arbitration agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, and federal arbitration law apply and govern the interpretation and enforcement of this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

COMMENCING DISPUTES           

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808.  During the first 45 days after we receive your notice (the “Pre-Arbitration Period”), we may try to reach a settlement of the dispute.  If we do not resolve the dispute ourselves within the Pre-Arbitration Period, you may commence arbitration.  The arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this arbitration agreement. The JAMS Rules are available at http://www.jamsadr.com/rules-streamlined-arbitration/, www.adr.org or by calling 1-800-352-5267.

Arbitration firms ordinarily charge fees to both sides to conduct arbitrations.  In the event you commence arbitration for an amount less than $10,000, after we receive notice that you have done so, we will reimburse you for your payment of this filing fee and we will pay JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator’s services, pursuant to the JAMS Rules.  We will not seek to recover the filing fee we reimbursed to you unless the arbitrator determines that you brought your claim frivolously or for an improper purpose.

Each of us may incur attorneys’ fees during the arbitration.  Each of us will bear our own attorneys’ fees, except in the following circumstances.  If applicable law permits a prevailing party to recover attorneys’ fees, the prevailing party may seek fees as applicable law permits.  If applicable law does not permit a prevailing party to recover its attorneys’ fees, but you prevail in the arbitration and win an award at least 25% greater than our highest pre-arbitration settlement offer, then we will pay your reasonable attorneys’ fees for time reasonably expended at rates that prevail for attorneys in your home county, in an amount not to exceed the greater of $10,000 or 20% of the arbitrator’s damages award to you.  If we prevail in the arbitration, we will seek to recover our reasonable attorneys’ fees and reimbursement of arbitration costs only if applicable law permits a prevailing party to seek fees or if the arbitrator finds that you brought a claim frivolously or for an improper purpose and applicable law does not preclude us from seeking our fees and costs.

THE ARBITRATION

The arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both parties pursuant to the JAMS Rules. 

If your claim is for $10,000 or less, we agree, pursuant to the JAMS Rules, that the dispute should be resolved solely on the basis of documents submitted to the arbitrator or through a non-appearance based telephonic hearing, unless the arbitrator requests otherwise.  Any in-person hearing for a claim of less than $10,000 will be conducted in your hometown area.  If your claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the JAMS Rules.

Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

CLASS ACTION WAIVER; NO CONSOLIDATION OF ARBITRAL CLAIMS

You and we agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.  The arbitrator may not order us to pay any monies to or take any actions with respect to persons other than you, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.  YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING.  Further, unless we both agree in writing, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding.  If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court.  If a court decides that applicable law precludes enforcement of any other provision in this Agreement, then such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable.  If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of the remainder of this Agreement, which shall be fully enforced.

If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

11. Limitation of Liability.  THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR CERTAIN DAMAGES OR LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD.

12. Governing Law.  Except where prohibited by law (which may include the Province of Quebec), the laws of the Netherlands, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.

13. Changes to Agreement.  Issuer reserves the right to change this Agreement at any time in its discretion.  When any changes are made, Issuer will post the revised version of this Agreement at RalphLauren.com/GiftCard.

14. Fraud.  Issuer and Ralph Lauren reserve the right to refuse to honor a Card where they suspect that the Card was obtained fraudulently.