VOLCOM.COM
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By accessing or using this website, mobile application or other Volcom product or service (collectively the "Website") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Volcom. Volcom may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.
Trademarks
This Website contains many trademarks, trade names, service marks, copyrights, and/or logos (“Intellectual Property”) of Volcom and may also contain Intellectual Property of Volcom's affiliates. Such Intellectual Property remains the property of their respective owners. You recognize and acknowledge the ownership of all such Intellectual Property and understand and agree that you do not acquire, through use of this Website or otherwise, any right, title, or interest in or to any Intellectual Property. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, exploit or sell any Intellectual Property or content appearing on the Website, nor participate in any activity which modifies, copies, translates, broadcasts, performs, displays, distributes, frames, reproduces, republishes, downloads, displays, posts, transmits, exploits or sells such Intellectual Property. All rights to such Intellectual Property are reserved. Any use of the Intellectual Property without express written authorization is strictly prohibited. Nothing in these Terms of Use shall be interpreted as granting any license of Intellectual Property rights to you.
Prohibited Use
Any use of this Website for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this Website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this Website, you agree that any and all information transmitted to, by or with the use of this Website cannot and shall not be deemed confidential or proprietary. You agree not to use any data mining, robots, scraping or similar data gathering methods. Volcom reserves the right to monitor transmissions and investigate any alleged prohibited use of this Website and to disclose any and all information relating to such prohibited use. Volcom, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this Website. Any violation of this or any other section contained herein may result in termination of service and or any other action Volcom determines appropriate under the circumstances.
Privacy
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website. By using the Website, you agree to receive certain electronic communications from Volcom. You agree that any notice, agreement, disclosure or other communication that Volcom sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Product Orders
All orders placed through the Website are subject to Volcom's acceptance. This means that Volcom may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Volcom will issue you a refund. This Website may contain typographical errors or technical inaccuracies.
Gift Cards
Volcom eGift Cards are distributed by CashStar Inc., a Delaware corporation ("CashStar"). By visiting volcom.cashstar.com, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these eGift Card terms and conditions ("Ts & Cs"). These Ts & Cs are subject to change without notice. Volcom eGift Cards are issued by Volcom, LLC.
Volcom eGift Cards are redeemable at volcom.com and Volcom Brand Retail Stores.
Volcom eGift Cards are available for purchase here.
With the exception of expedited shipping fees for plastic Gift Cards, no fees of any kind will be imposed on purchasers or recipients of eGift Cards in connection with the sale of Gift Cards.
To view your eGift Card balance, go to balance.clutch.com/volcom or call 855-330-0188.
You may not return or cancel your Volcom eGift Card after it is received. Purchasers who wish to cancel a Gift Card purchase order prior to its delivery to a recipient should contact Cashstar Customer Support.
If you suspect that someone has copied or stolen your eGift Card, contact Cashstar Customer Support immediately. eGift Cards will not be replaced if lost or stolen without proof of purchase. eGift Cards have cash value and should be safeguarded accordingly.
You may not use en eGift Card to purchase other eGift Cards. eGift Cards cannot be reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law. Void if reloaded, resold, transferred for value, or redeemed for cash. Unused eGift Cards may not be transferred. Total purchases for any one individual may not exceed ten thousand dollars ($10,000.00) in one calendar day.
Information that you provide when purchasing eGift Cards is subject to the Cashstar Privacy Policy. CashStar and Volcom, LLC may provide eGift Card purchasers with information about the redemption status of eGift Cards.
Ownership and risk of loss of eGift Cards passes to the purchaser as soon as we send our confirmation to the recipient. We are not responsible for lost or stolen eGift Cards. If you have any questions, please see the Cashstar FAQs.
All orders of eGift Cards are subject to a process that compares purchaser information provided on the web site with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your eGift Card order may be delayed until it can be corrected. If you have concerns about your order, please contact Cashstar Customer Support. Please refer to your order number, or be ready to supply your email address. We are not responsible for eGift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact Cashstar Customer Support if you suspect the recipient did not receive his/her eGift Card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.
eGift Cards are delivered via email. If you have confirmed the recipient's email address but the eGift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:
1. Spam filter blocked email or routed it to a bulk/spam folder
2. Recipient's firewall blocked the email
3. Email inbox is over size limit
4. Invalid email address
If a spam filter is blocking Volcom Gift Cards emails from getting to an inbox, the email options will need to be modified so that Volcom Gift Cards emails are not considered spam. If you need further assistance, contact Cashstar Customer Support. Please refer to your order number, or be ready to supply your email address.
If you wish to add a personal message to en eGift Card, simply type your message in the Message field during the purchase process. Personal messages are limited in length to the space provided on the eGift Card. There is no additional charge to include a personalized message. If we find inappropriate, offensive or otherwise objectionable messages, we reserve the right to cancel them.
CASHSTAR AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN EGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
These Ts & Cs shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco County, California, USA in all disputes arising out of or related to the eGift Cards or the volcom.cashstar.com site.
Third Parties
For your convenience and to improve the usage of our website we insert links to third party websites. This may include links from partners that may use Volcom’s logo as part of a co-branding agreement or sell Volcom products. These third party websites may have their own separate policies and Volcom is not responsible or liable for the content and activities of these third parties. Any use of third party websites is entirely at your own risk. We encourage you to read the privacy policies of each website that you visit, as third party websites may use cookies, collect data or solicit personal information. Volcom, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on all such third party websites and any damages, of any kind, incurred by individuals who visit such websites.
Mobile
The Website contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Volcom's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
Warranties, Disclaimer
Volcom is not responsible or liable for any content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, its content, and the materials and products on this Website are provided "AS IS" and without warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VOLCOM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Volcom cannot guarantee and does not promise any specific results from use of the Website. Volcom does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Volcom does not make any warranties or representations regarding the use of the materials or content on the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that use of the Website is at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Website, loss of data or other harm of any kind that may result. Volcom reserves the right to change any and all content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Idemnification
You hereby agrees to indemnify, defend, and hold harmless, Volcom, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of your use of this Website in violation of these Terms of Use. Volcom has the right to control any defense pertaining to this section.
Force Majeure
Notwithstanding any other provision set forth in these Terms of Use, Volcom shall not be liable for any failure or delay in its performance due to any cause beyond Volcom's reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Volcom shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.
Relationship
Nothing in these Terms of Use is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between Volcom and you.
Governing Law and Jurisdiction
You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and Volcom shall be governed by, construed, and enforced in all respects by California law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Volcom products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in California, USA. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California, USA. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of Volcom products) must be commenced within one (1) year after the claim or cause of action arises.
Waiver, Severability and Entire Agreement
Volcom's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between Volcom and you, nor trade practice, shall modify any of these Terms of Use. Volcom may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any provision in these Terms of Use is deemed invalid, unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions shall continue to be valid and enforceable. These Terms of Use constitute the full and entire understanding and agreement between Volcom and you pertaining to use of the Website. These Terms of Use remain in effect even after your account is terminated.
