Athearn eGift Card Terms and Conditions

These Athearn eGift Card Terms and Conditions ("Terms and Conditions") are applicable in addition to the Terms and Conditions and Privacy Policy applicable to the Athearn.com website.

By purchasing and/or using an eGift Card, You are agreeing to these Terms and Conditions.  Please read them carefully and keep a copy for your records.

Redemption. Athearn eGift Card codes (“eGift Cards”) must be redeemed at www.Athearn.com toward the purchase of eligible products.    Purchases are deducted from the eGift Card balance. Any unused balance will be placed in the recipient's eGift Card account when redeemed. You may contact us to check your eGift Card balance.  The balance you receive is an estimate only.  In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time. If an order exceeds the amount of the eGift Card, the balance must be paid with a credit card or other available payment method.

Limitations.  eGift Cards are not credit or debit cards.  eGift Cards cannot be reloaded, resold, transferred for value, used to purchase other eGift cards, used in connection with any marketing, advertising, or other promotional activities (unless approved by Athearn or Horizon Hobby), redeemed for cash, or applied to any other account, except to the extent required by law. Unused eGift Card balances in a HorizonHobby.com account may not be transferred. eGift Cards are only available for purchase by U.S. residents and can only be applied to purchases from www.Athearn.com in the United States.

Returns. If you return an item that was purchased with an eGift Card, the original amount paid from the eGift Card will be credited to your Athearn account.  To redeem this credit, you must place a phone order with Athearn by contacting us.

Promotional Use. If you are interested in ordering more than 500 eGift Cards or are interested in using the cards for any promotional purpose, please email websales@horizonhobby.com, and a Horizon Hobby representative will contact you.

Expiration and Fees. eGift Cards never expire and are not subject to any fees.

Risk of Loss.  Please be certain to provide a correct e-mail address when ordering eGift Cards.  Treat eGift Cards like cash.  The risk of loss and title for eGift Cards passes to you, the purchaser, upon Horizon Hobby’s electronic transmission to the purchaser.  Horizon Hobby is not responsible for an eGift Card that is lost, stolen, destroyed, or used without your permission. If your Horizon Hobby eGift Card is lost or stolen, immediately contact us. Your Horizon Hobby Gift Card will be canceled and Horizon Hobby will issue a new one with the remaining balance, less any use (whether by you or by an unauthorized third party). You are solely responsible for any activity conducted on your account(s) and for keeping your HorizonHobby.com passwords secure.

Fraud. Horizon Hobby will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained eGift Card is redeemed and/or used to make purchases on HorizonHobby.com or from the Horizon Hobby consumer sales group.

No affiliation with Horizon Hobby. Use of Horizon Hobby's intellectual property (including name, logo, trade dress, or trademarks) in connection with the use of eGift Cards is strictly prohibited. Furthermore, the use of eGift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by or otherwise affiliated with Horizon Hobby or any of its affiliates are prohibited.

Compliance with laws. By purchasing, receiving, or using eGift Cards, you are representing and warranting to Horizon Hobby that the activities in connection with which the eGift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules, and regulations and that the eGift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Horizon Hobby. In addition, you agree to defend and indemnify Horizon Hobby LLC and its affiliates from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your purchase or use of the eGift Cards or violation of any of these Terms and Conditions.

Limitation of Liability.
HORIZON HOBBY, LLC AND ITS AFFILIATES MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO EGIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A EGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH EGIFT CARD AT A VALUE NOT TO EXCEED THE MOST RECENT EGIFT CARD BALANCE ON HORIZON HOBBY’S RECORDS. 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.

Governing Law. When you purchase, receive, or use a Horizon Hobby eGift Card, you agree that the laws of the State of Illinois shall govern these Terms and Conditions, without regard to principles of conflict of laws.

Binding Arbitration. Any dispute or claim made by you against Horizon Hobby arising out of or relating to these Terms and Conditions or your purchase, receipt, or use of the eGift Card will be resolved by binding arbitration. However, even for those claims that may be taken to court, you and Horizon Hobby both waive any claims for incidental, consequential, indirect, and punitive damages and any right to pursue claims on a class or representative basis.

Arbitration Procedures. You must first present any dispute or claim to Horizon Hobby by contacting us to allow Horizon Hobby an opportunity to resolve the dispute or claim. Either you or Horizon Hobby may request arbitration if your dispute or claim or cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by these Terms and Conditions. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at www.adr.org. You and Horizon Hobby agree that these Terms and Conditions evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and Horizon Hobby agree otherwise, any arbitration will take place in Champaign, Illinois, or by phone, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what these Terms and Conditions provide or order consolidation or arbitration on a class-wide or representative basis, or award incidental, consequential, indirect, or punitive damages or any other damages other than the prevailing party's actual damages. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor Horizon Hobby may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. All administrative fees and expenses of arbitration will be divided equally between you and Horizon Hobby. Horizon Hobby will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration. 

Severability/No Waiver. If any provision of these Terms and Conditions shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Modifications.  Horizon Hobby reserves the right to change these Terms and Conditions from time to time at its discretion. All Terms and Conditions are applicable to the extent permitted by law.

These Horizon Hobby eGift Card Terms and Conditions were last updated on March 30, 2015. Horizon Hobby may update these Terms and Conditions at any time. We recommend that you check these Terms and Conditions periodically for changes.