Burberry x Vestiaire Collective Gift Card Terms and Conditions
Last updated: October 2023
Section A
1. These terms and conditions (“Gift Card Terms”) apply to gift cards issued as part of the Burberry x Vestiaire Collective partnership. The Gift Cards (as defined below) are issued to you by Burberry when you have agreed to sell your preloved Burberry piece to Vestiaire Collective via Vestiaire Collective’s webform located here and Vestiaire Collective has agreed to buy your preloved Burberry piece in accordance with Vestiaire Collective’s terms and conditions located here. Please see Section B for details of the Burberry company issuing your gift card and the additional terms applicable to residents in the UK and US.
2. These Gift Card Terms set out the terms and conditions that apply to the: (a) issuance of digital gift cards by Burberry as part of the Burberry x Vestiaire Collective partnership (the "Gift Card(s)"); and (b) the redemption of Gift Cards by you in Burberry physical stores (excluding concessions in department stores or outlet stores) (“Burberry Stores”), online and with Customer Service, as set out below. Additional terms and conditions apply to the sale of Burberry products to you, as made available to you online, in-store and/or by Customer Service.
3. If you have any questions regarding Gift Cards or these Gift Cards Terms, please contact Customer Service by clicking here.
4. By selling your preloved Burberry pieces to Vestiaire Collective as described in paragraph 1 above and by using the Gift Card, you agree to these Gift Card Terms.
5. Gift Cards can only be redeemed in the country in which they were issued.
6. Gift Cards cannot be used to purchase additional or other Burberry gift cards. Any monogramming and/or alteration services (if available), are to be requested at the point of sale (any applicable charges will be made known to you at such time).
7. The balance on the Gift Card will not at any time be refunded, or exchanged for cash. It is not possible to transfer the balance of one Gift Card to another Gift Card. Where a purchase is in excess of the available balance on the Gift Card, the difference may be paid through any other payment means accepted at the relevant Burberry Store, online or via Customer Service or online. Burberry’s cash payments policy applies.
8. You can view the remaining balance on your Gift Card on the cash register receipt every time a purchase is made with the Gift Card at a Burberry Store, or via Customer Service.
9. Gift Cards can be used multiple times and for multiple purchases, until the total balance of the Gift Card has been used up. When using the Gift Card via Customer Service or online, you will be required to give the long number and PIN as shown on the Gift Card.
10. Products purchased with the Gift Card in a Burberry Store will be subject to the same exchange and returns policy as any other products purchased at that Burberry Store. Products purchased with the Gift Card via Customer Service or online will be subject to the exchange and return policy shown on Burberry’s website.
11. Where appropriate, refunds for products purchased with the Gift Card (whether in a Burberry Store, with assistance from Customer Service or online) which are returned, shall be made by Burberry, in accordance with the relevant return policy and in the following manner (which shall not affect your statutory rights):
a. if the product was purchased in a Burberry Store, Burberry shall credit the price of the returned product(s) onto a new Gift Card. This shall not affect the remaining amount (if unused) left on the original Gift Card used to purchase the returned product; or
b. if the product to be returned was purchased via Customer Service or online, Burberry shall make the refund by sending a Gift Card to the e-mail address of the customer who made the purchase with the Gift Card.
12. You agree that the Gift Card is not personal to you and whoever has this Gift Card, can use it in the relevant Burberry Store, via Customer Service or online.
13. Gift Cards obtained through any unlawful means shall be null and void and they shall not be used to purchase products, nor shall the remaining balance on the Gift Card be refunded.
14. Lost, stolen or damaged Gift Cards will not be replaced by Burberry except in accordance with your legal rights, for example, if the Gift Card is defective, or not of satisfactory quality, at the time of delivery or in the case of a change of format of the Gift Card.
15. Gift Cards loaded onto any third party application will be not accepted.
16. You acknowledge that the Gift Card is at all times the property of Burberry and that the Gift Card is not a cheque guarantee, credit or charge card.
17. Burberry shall have the right to: (i) refuse to issue any Gift Card at any time where the issuance fails to comply with applicable law and/or Burberry’s policies in place from time to time; (ii) refuse to issue a Gift Card to any customer which Burberry believes, in its sole opinion, is in breach of the Gift Card Terms; (iii) refuse to accept, or decide to cancel, a Gift Card which has been obtained through unlawful means or would cause a breach of applicable law if accepted. Where a Gift Card is not issued or cancelled, Vestiaire Collective shall return the preloved piece to the Seller where permitted to do so under applicable law.
18. The Gift Card shall not be used for the purposes of advertising or promoting products or services marketed by any third party other than Burberry without Burberry’s prior written consent.
19. Burberry reserves the right to amend these Gift Card Terms at any time where it reasonably considers it necessary to do so.
20. The relationship between Burberry and Vestiaire Collective SA and its group companies is that of independent contractors dealing at arm’s length. Burberry x Vestiaire Collective shall not be construed as creating an agency, partnership or joint venture between them.
Section B
Additional Gift Card Terms for residents of the United Kingdom
21. Your Gift Card is issued by, and references to “Burberry” in these Gift Card Terms is reference to, Burberry Limited, Horseferry House, Horseferry Road, London SW1P 2AW, United Kingdom.
22. Gift Cards can be redeemed in Burberry Stores, online at uk.burberry.com or via Customer Service.
23. Gift Cards issued to residents of the United Kingdom will expire 2 years from the date of issue or the date of last use, whichever occurs later.
24. The Gift Card Terms are governed by and construed in accordance with English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland, or Northern Ireland, you can also bring claims against us in the courts of the country you live in. This does not affect any rights you may have to bring a claim in your local court.
Additional Gift Card Terms for residents of the United States
25. Your Gift Card is issued by, and references to “Burberry” in these Gift Card Terms is reference to, Burberry Limited, 444 Madison Avenue, New York NY 10022, United States.
26. Gift Cards can be redeemed in Burberry Stores, online at [us.burberry.com] or via Customer Service.
27. The Gift Card Terms are governed by and construed in accordance with the laws of the State of New York, without regard to the principles of conflicts of laws.
28. CLAUSES 28 – 32 OF THESE GIFT CARD TERMS LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BURBERRY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
29. You and Burberry agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Burberry hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Burberry relating to these Terms or the Platforms (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and Burberry agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
30. If the costs of the arbitration exceed $150 or you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Burberry will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
31. This arbitration agreement does not preclude you or Burberry from seeking action by federal, state, or local government agencies. You and Burberry also have the right to bring qualifying claims in small claims court. In addition, you and Burberry retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
32. Neither you nor Burberry may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Burberry’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.