Gilt Terms and Conditions

These Terms and Conditions of Service (“Terms of Service”) govern your membership on Gilt.com and GiltTaste.com, and their associated mobile sites (the “Gilt Sites” or the “Sites”) and your purchases and use of products and services available through the Gilt Sites. The Gilt Sites are operated by Gilt Groupe Holdings, Inc. and/or its subsidiaries and affiliates (collectively, “Gilt”). Your use of the Gilt Sites and these terms are also governed by the Website Terms of Use (“Terms of Use”), which are incorporated herein by reference. www.gilt.com/company/websiteterms

By establishing membership on the Gilt Sites, or purchasing or using products or services through the Gilt Sites, you acknowledge and agree as follows:

GENERAL
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Gilt, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You shall establish and use your membership on the Gilt Sites, and purchase and use the products and services available through the Gilt Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Gilt may be recorded.
Membership of Gilt’s affiliate sites, giltcity.com, parkandbond.com and jetsetter.com require acknowledgement of their own Terms of Service. Click www.jetsetter.com/terms-of-service, www.giltcity.com/company/termsOfUse, or www.parkandbond.com/company/termsOfUse to review each of these. By subsequently using these sites, or any sites acquired by Gilt, you agree to abide by each of those terms and conditions of service.
PRIVACY NOTICE
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Gilt is located at www.Gilt.com/company/privacy. You consent to any personal information we may obtain about you (either via the Gilt Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Gilt may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.
GILT MEMBERSHIP
- Establishing a Membership
  You may establish membership on the Gilt Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Gilt’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Information Security Policy for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information.
- Use of Membership
  You shall not use your Gilt membership for any purpose competitive to Gilt. You will notify Gilt immediately by emailing support@gilt.com of any unauthorized use of your Gilt membership or the Gilt Sites known to you, whether by you or a third party.
- Membership Termination
  You may cancel your Gilt membership at any time by contacting Gilt customer support as specified on the “Contact Us” page on the Gilt Sites. Gilt may terminate your membership and refuse any and all current or future use of the Gilt Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that Gilt determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Gilt determines, in its sole discretion, that you are using your Gilt membership in a manner not permitted by these Terms of Service or the Terms of Use, or (4) in other circumstances, as Gilt deems appropriate in its sole discretion. Please note that termination by you or Gilt of your Gilt membership may result in the termination of your memberships in Gilt’s affiliated websites, including but not limited to, Giltcity.com, Parkandbond.com and Jetsetter.com.
PURCHASES
- Order Processing
  Gilt may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Gilt deems appropriate in its sole discretion. Gilt also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Gilt will either not charge you or refund the charges for orders that we do not process or cancel.
- Return Policy
  Gilt accepts returns on certain merchandise on a case-by-case basis. For Gilt‘s Return Policy, which may change from time to time, please click www.gilt.com/support/returns.
- Product and Service Descriptions
  Gilt attempts to provide accurate descriptions of products and services on the Gilt Sites. Gilt does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Gilt Sites is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.
- Pricing Information
  Gilt strives to provide accurate pricing information regarding the products and services available on the Gilt Sites. We cannot, however, insure against pricing errors. Gilt reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Gilt will notify you by email. In addition, Gilt reserves the right, at its sole discretion, to correct any error in the stated full retail price.
- Product and Service Availability
  The Gilt Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Gilt cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Gilt attempts to process the order. Should this happen, Gilt will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Gilt determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. Gilt will notify you by email and delete the item from the Gilt Sites.
- Shipping and Tax
  Click www.gilt.com/support/shipping for our policy regarding shipping and tax, which may change from time to time.
- Alcoholic Beverages
  You must be at least 21 years of age to purchase alcoholic beverages. In addition, due to state restrictions and our merchants’ licenses, alcoholic beverages may not always be shipped to all states in the U.S. or outside the U.S. Please refer to the sale page or product detail page on the Gilt Sites for information on what states are permitted for specific items. If you provide a shipping address that is not in one of these states, Gilt will not process your order. We will not ship alcoholic beverages outside the U.S. Quantity limits may apply in some states. Your order may be reduced or held to comply with state restrictions. Taxes collected are collected on behalf of the seller of record.
REFERRAL CREDIT PROGRAM
On certain of its Sites, Gilt may offer members the ability to earn credits toward future purchases on the Gilt Sites when they invite friends to become members of a Gilt Site and those friends make a qualifying purchase in the required timeframe. You may only earn credits via Gilt’s authorized member invite mechanism. Referrals outside of Gilt authorized channels will not result in any referral credit. You understand that referral credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires one (1) year after issuance. You will only receive credit for the first qualifying purchase made by a friend who makes his or her first purchase on the Gilt Sites as a result of an invite from you via a Gilt authorized channel. If your friend does not follow the directions in the invite email to accept the invitation, you may not receive credit, and Gilt will have no liability to you for your friend’s failure to follow directions. You agree that having multiple Gilt accounts is a violation of these Terms of Service and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Gilt’s referral program system may, without limiting any other Gilt rights or remedies, result in forfeiture of your membership and all referral credits in your account. Gilt reserves the right to void referrals and credits earned if it suspects that the referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms of Service or in a manner otherwise not intended by Gilt. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Gilt, including by using any trademarks of Gilt.
Credits will appear in your account within approximately 24 hours after one of your qualifying invitees makes his or her qualifying purchase and that purchase is shipped. Purchase of a Gift Card is not a qualifying purchase. Credits earned via Gilt may only be used on the Gilt Sites or Giltcity.com and may not be used toward the purchase of a Gift Card or on any other website affiliated with Gilt.
The referral credit program is void where prohibited by law. Gilt reserves the right to modify or terminate the referral credit program at any time, although credits accrued shall be valid for one year from the date of posting. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the credits you have actually earned. Gilt will have no liability for any errors displayed in your account.
GIFT CARDS
Gift Cards may be purchased by clicking here. Gift Cards and their use, including provisions regarding loss, are subject to the Gift Card Terms and Conditions located at the link in this Paragraph 7, as well as the Terms of Use and Privacy Notice. If you need assistance with respect to a Gift Card, please call Customer Service at (877) 280-0545 or email support@gilt.com.
NUTRITIONAL INFORMATION
To the extent required by law, Gilt posts on each relevant product web page on the Gilt Sites for any food products (1) the nutritional information regarding the product, and (2) the product’s expiration date.
ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement of between you and Gilt regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control.
SEVERABILITY
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that Gilt may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Gilt membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.gilt.com/company/termsOfUse. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Notwithstanding the expiration or earlier termination of your Gilt membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
EFFECTIVE DATE
January 28, 2012