Conditions d’utilisation

The following H&M Gift Card, Merchandise Card & Promotional Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to the use of H&M gift cards, gift certificates, merchandise cards and promotional/loyalty/incentive/rewards cards, including plastic/paper cards and credits and digital/electronic cards, codes and credits (collectively, “Cards”). This Agreement is between you, the Cardholder, and H&M Hennes & Mauritz, Inc. (“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: This Agreement includes resolution of disputes by arbitration on an individual basis instead of in court. PLEASE SEE SECTION 12.

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. Issuer’s affiliates and related entities bear no responsibility or liability for any Cards, and you hereby knowingly release Issuer’s affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Card. Cards (other than store credits and promotional/loyalty/incentive/rewards cards) can be purchased at H&M retail store locations in Canada or through authorized third-party distributors, the H&M mobile app or online at https://www2.hm.com/en_ca/customer-service/gift-card/gift-card.html. Merchandise Cards may be issued at H&M retail locations in exchange for merchandise returned without a receipt, to the extent provided by H&M’s return policy and in H&M’s sole discretion.

2.            Not for Resale. Cards cannot be resold (or sold, in the case of store credits or promotional/loyalty/incentive/rewards Cards). Cards are valid only if obtained at a H&M location (including the H&M mobile app or website) or authorized third-party distributor. Cards are 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 inquiry, please call 855-272-7007 or click HERE. The balance you receive when inquiring over the telephone 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.

4.            Validity. Each purchase of H&M Gift Cards is limited to a maximum value of CAD $500 per Card. Merchandise Cards are limited to a maximum value of CAD $250 per Card. You can increase the balance of your physical H&M Gift Card by purchase of additional credit (i) in any H&M store in the country where the card was bought, or (ii) online, via hm.com. Cards can be used until the balance of the Card is zero. If the balance of the Card is zero for ninety (90) days or more, the Card is invalid and cannot be activated or used again.

5.             Returns. Returns for purchases made using Cards (for part or all of the purchase price), shall be processed pursuant to the H&M return policy found HERE.

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

7.            Redemption. Cards are redeemable only for purchases of goods or services (i) at H&M retail locations in Canada, the United States, and Puerto Rico, and (ii) through the H&M app or website in Canada only. 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 goods or services.

8.            Reloads. Gift Cards may be reloaded with value. Merchandise, promotional, loyalty, incentive, and/or rewards Cards (to the extent available) cannot be reloaded.

9.            No Refunds. No refunds are permitted with respect to Cards.

10.         Transfers. Physical Cards may be transferred (i.e., given) to another person. Card balances may not be combined, transferred, or otherwise reduced except through redemption for purchases.

11.           Lost, Damaged or Stolen Card; Cards Used Without Authorization. The value of any lost, damaged, or stolen Cards, or any Cards used without authorization, will not be replaced, or replenished without original proof of purchase. The value replaced will be equal to the remaining balance on the Card at the time of replacement.

12.          Mandatory Binding Individual Arbitration. 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.

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.

In this Section, the term "related third parties" includes your and Issuer’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Issuer’s, and these entities' respective employees and agents.

ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER

You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement, the previous version(s) of this Agreement or your use of the Cards, including disputes involving related third parties, regardless of the date of accrual of such dispute, including but not limited to the arbitrability of any dispute and the interpretation, enforceability, validity and/or the scope of this arbitration agreement, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court.

You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. You and Issuer agree that the arbitrator may award monetary, 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.

You and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.

This agreement to arbitrate is intended to be broadly interpreted. This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against related third parties.

The parties acknowledge that this Agreement evidences a transaction in interprovincial commerce. Notwithstanding the substantive law applicable to any arbitration, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the UNCITRAL Model Law and the UNCITRAL Model Law governs the interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of this Agreement. If it is decided that applicable law precludes enforcement of any of this arbitration agreement’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. In addition, notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.

You and Issuer agree that if Issuer makes any amendment to this Arbitration Agreement in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and Issuer (and any related third parties) prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Arbitration Agreement that have arisen or may arise between you and Issuer (or related third parties).

Nothing herein shall be construed as consent by Issuer to the jurisdiction of any court with regard to claims unrelated to the use of the Cards, previous versions of this Agreement, or this Agreement.

ARBITRATION PROCEDURES

If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto, Ontario and shall proceed in accordance with the Canadian Arbitration Association Expedited Arbitration Rules. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

13.         Limitation of Liability. ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY 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.

14.          Governing Law. The laws of Canada applicable therein, without regard to, and exclusive of, principles of conflict of laws, shall govern this Agreement and use of your Card.

15.         Severance. Notwithstanding anything herein to the contrary, if any part of this Agreement is deemed invalid or inapplicable, 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.

16.          Changes to Agreement. Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at https://www2.hm.com/en_ca/customer-service/gift-card/terms---conditions.html.

17.          Fraud. Issuer reserves the right to refuse to honor a Card where Issuer suspects that the Card was obtained fraudulently.

IMPORTANT: PLEASE BE AWARE THAT GIFT CARD SCAMS AND FRAUD ARE ON THE RISE. For more information about common gift card scams and to learn to protect yourself and your Card against possible scams or fraud, please visit https://fcnb.ca/en/frauds-and-scams/frauds-and-scams-database/gift-card-scams.  Issuer and its affiliates will not replace or refund any Card that you purchased and gave to a person engaged in a fraud or scam.