Gift Card Terms and Conditions

Last Updated / Effective Date: July 24, 2023

Forsake gift cards are issued by Forsake, a brand of the Weyco Group, Inc., a Wisconsin corporation (“Forsake”, “we” or “our”). These terms and conditions (the “Gift Card Terms”) apply to both digital and physical gift cards (each a “Gift Card”) and are subject to change from time to time. Your purchase, acceptance, or use of a Gift Card constitutes your agreement to follow and be bound by these Gift Card Terms. Please visit www.forsake.ca/shop/termsOfUse.html to view the terms and conditions covering access and use of the Bogs Footwear website and links to other legal notices.

Redemption

Gift Cards are redeemable towards the purchase of eligible goods and services online at forsake.ca and certain affiliated properties and websites. Eligible goods and services, and affiliated properties, are subject to change in our sole discretion. If a purchase exceeds the balance on your Gift Card, the remaining amount must be paid with another payment method. Upon redemption, any unused balance will remain on the Gift Card for future purchases. You may redeem up to 10 gift cards per transaction at Forsake.ca; each property or affiliated website may have different terms and conditions

Expiration, Fees, and Payment Methods

Gift Cards do not expire. There are no fees associated with any Gift Cards. Forsake e-Gift Cards cannot be purchased with an international credit card. Promotional offers or discounts do not apply to the purchase of Gift Cards.

Refunds

If you meet the return policy requirements (see our Shipping & Returns Policy), you will then be credited the purchase price of the shoes, less any discount that applied to the original purchase, including any bundles, promotions or Gift Card values issued as part of a promotion. Refunds will be made to the original purchaser, in a form determined by Forsake - refunds may be returned to a Gift Card, credit card, PayPal, Amazon Pay, Apple Pay, customer account and/or Afterpay account (upon receipt of the items). Shipping charges are not refundable. Please allow 8-10 business days. You will receive an email confirming your refund.

Limitations

Gift Cards cannot be returned; resold; cancelled; used to purchase other Gift Cards; used for unauthorized advertising, marketing, sweepstakes, promotional, or commercial purposes; redeemed for more than face value; transferred for value; or redeemed for cash or returned for a cash refund (except to the extent required by law). Gift Cards may not be applied toward the purchase of goods or services at any property outside of Canada, and are not accepted for international orders. Unused e-Gift Cards may not be transferred. Forsake limits its maximum value of each Gift Card to $500 and uses commercially reasonable efforts to limit the daily Gift Card values sold, per person, to $1,000. Gift Cards are not credit or debit cards.

Risk of Loss

Title and risk of loss for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or the designated recipient, our delivery to the carrier, or at the time of purchase for in-person transactions, whichever is applicable. Gift Cards must be obtained from Forsake or an authorized third-party. You are responsible for safeguarding your Gift Card from unauthorized use. If you suspect that someone has copied or stolen your e-Gift Card, contact Customer Care immediately. Forsake will not be responsible if any Gift Card is lost, stolen, damaged, destroyed, or used without your permission. However, Forsake will attempt to replace lost, stolen, damaged or destroyed Gift Cards only upon receipt of a valid proof of purchase through Customer Care, and only to the extent of remaining Gift Card balance.

e-Gift Card Delivery

All orders of e-Gift Cards are subject to a process that compares purchaser information provided with information about the purchaser provided by the purchaser's financial institution through whom payment is being processed. If there is a discrepancy, your e-Gift Card order may be delayed until it can be corrected. If you have not received confirmation that the e-Gift Card was sent, please contact Customer Care. Please refer to your order number, or be ready to supply your email address. We are not responsible for e-Gift Cards that are undeliverable or not received due to your failure to enter an accurate email address. If you have confirmed the email address but the e-Gift Card has not been viewed within a reasonable period after the purchase, 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. Purchaser’s firewall blocked the email

3. Email inbox is over size limit

4. Invalid email address

If a spam filter is blocking customercare@forsake.ca emails from getting to an inbox, the email options will need to be modified so that customercare@forsake.ca emails are not considered spam. If you need further assistance, contact Customer Care. Please refer to your order number, or be ready to supply your email address.

Promotional Gift Cards

Select Forsake orders will be eligible to receive a promotional e-Gift Card. The promotional e-Gift Card will be created and sent out after your eligible product has shipped and after you have provided a valid email address. You may be asked to confirm your email address, and, if asked, you must respond to that email in order for the promotional e-Gift Card to be delivered and activated. If a promotional e-Gift Card code is non-functional, your sole remedy, and the sole liability of Forsake, shall be the replacement of such e-Gift Card. Certain promotional Gift Cards may include additional terms and conditions, as described in the email delivering such Gift Card.

Customer Care

Check physical Gift Card balances online at Forsake.ca or call 1-800-363-5762 (must have a Gift Card number available). To view your e-Gift Card balance, follow the instructions below your e-gift card, on the page linked from the email message which notified you of your gift. If you need assistance with any aspect of your purchase, ownership, or use of your Gift Card, please contact Customer Care. Please refer to your order number, or be ready to supply your email address.

Violation of these Terms

If you violate these Gift Card Terms, we suspect or believe that a Gift Card was obtained, used, or applied to a purchase fraudulently, unlawfully, or otherwise in violation of these Gift Card Terms, or use any Gift Card in a manner that we suspect or believe is fraudulent, misleading, deceptive, unfair, or otherwise harmful to Forsake, its affiliates, or its customers, we reserve the right, without notice to you, to cancel, hold, void, or refuse to accept such Gift Cards without a refund, suspend or terminate accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment.

Gift Card Fraud

Forsake is not responsible for, and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any Gift Card. There are a variety of Gift Card fraud schemes that request payment by Gift Card.

We want to help you recognize and avoid gift card scams. Scams vary in approach, but generally follow the same pattern of reaching out to you via phone, email, social media, direct mail, or online and creating a sense of urgency, like a family emergency or past due bill. They ask for payment using gift cards, and they direct you to purchase gift cards online or at a nearby store. Then, the scammer instructs you to provide the gift card number and PIN via phone, text message, or email before disappearing.

Here are some tips and resources to help you guard against scams:

• Do not use Forsake Gift Cards for payment outside of Forsake. Forsake Gift Cards can only be used to purchase Forsake products and services. Forsake Gift Cards should never be used to make payments to other individuals or businesses.

• Do not provide any gift card details, like the card number or PIN, to anyone you do not know or trust. Treat your gift card like cash. Once card details are shared with a scammer, the funds are usually spent immediately.

• Do not purchase a gift card if it appears to have been tampered with, or if the PIN is exposed.

To learn more about common gift card scams, visit ftc.gov/giftcards.

If you believe you’re a victim of fraud involving Forsake Gift Cards, you can contact the Federal Trade Commission and local law enforcement.

Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN FORSAKE’S TERMS OF USE AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT A GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT WE ARE FOUND LIABLE TO YOU AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD.

Dispute Resolution

(Not applicable to Quebec consumers) Please review to the Arbitration Agreement section of our website Terms and Conditions.

General Terms

Forsake reserves the right to make changes to these Gift Card Terms, at any time without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that term and condition shall be deemed severable and will not affect the validity and enforceability of any remaining terms or conditions. These Gift Card Terms are governed by the laws of the state of Wisconsin, without regard to its conflict of laws principles.

For Quebec consumers: These terms and conditions and any dispute of any sort that might arise between you and Forsake Footwear and its affiliates related to your use of a Gift Card or your Forsake Footwear Balance will be governed by the laws of the Province of Quebec and the laws of Canada applicable in Quebec.