Terms of Use

Updated as of June 18, 2018

 

Welcome to Belk, belk.com, Belk tablet and smartphone apps.

These Terms of Use govern your use of this site and the purchase of products from Belk, belk.com, Belk tablet and smartphone apps (hereafter referred to as “Belk” or the “Platforms”) and the use of our services such as our call center. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, RESOLUTION OF DISPUTES THROUGH ARBITRATION AND CLASS ACTION WAIVERS.

By accessing or using the Platforms, purchasing Belk products, or using our services you agree that the Terms of Use then in force shall apply, including without limitation the binding arbitration, waiver of jury trial and waiver of class action provisions more fully detailed in the Disputes section below. Your use of the Platforms also constitutes your agreement to follow and be bound by the terms of the Belk Privacy Policy. If you do not agree to the Terms of Use, please do not use the Belk Platforms, our services or purchase products through the Platforms.

Either you or Belk may terminate this agreement at any time. You may terminate this agreement by immediately exiting the Platforms and neither accessing, nor making purchases through, our Platforms in the future. Belk may terminate this agreement by refusing your access to the Platforms. Belk requests that you carefully read the Terms of Use provided below and the Belk Privacy Policy before using, or purchasing products through the Platforms.

Use of Our Platforms, Belk's License to You to Use belk.com

Belk, Inc., along with its subsidiaries ("Belk"), jointly grant you permission to view and use the Platforms and to print individual pages from any Platform for your personal, non-commercial use.

The contents of our Platforms are intended solely for personal, non-commercial (other than purchases of products made through the Platforms) use by visitors. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify, reproduce, distribute, transmit, republish, display the content of the Platforms for any commercial purpose, (b) decompile, reverse engineer or disassemble software materials, (c) remove any copyright notice or other proprietary notices from the content of the Platforms, (d) transfer the content of the Platforms to another person or (e) allow anyone else to copy any portion of the content of the Platforms. As a condition to your use of the Platforms, you represent and warrant to Belk that you will not use the Platforms, or any of the content of the Platforms, for any immoral or unlawful purposes or any purposes prohibited by these Terms of Use. Materials provided on the Platforms are provided as a service to Belk's customers to be used for informational purposes only. Belk makes no representations about the suitability of such materials for any purpose.

Changes to the Platforms, Terms of Use and Privacy Policy

Belk is consistently working to improve your online shopping experience on the Platforms; consequently, Belk reserves the right to change, move or delete portions of, or add to, the Platforms from time to time without notice to you. Belk also reserves the right to change these Terms of Use or the terms of the Belk Privacy Policy without providing you with prior notice of such changes. Your use of the Platforms following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, Belk recommends that you read these Terms of Use each time you visit the Platforms. Updates to these Terms of Use will be noted by the date marker at the beginning of this document

Product Information and Ordering from the Platforms

Unless indicated otherwise, most products featured on the Platforms will be available in selected Belk stores while supplies last. Not every item in a Belk store is offered for sale on the Platforms and not every item for sale on the Platforms is available in a Belk store. The prices displayed on our Platforms are quoted in U.S. dollars and are valid and effective only in the United States. When ordering from the Platforms, please follow all ordering instructions carefully.

Prices may vary across Belk-affiliated channels (i.e., Belk stores, belk.com, Belk app for iPhone, Belk app for Android, Belk tablet app). It is our goal to display the most accurate prices possible; however, if you notice an inconsistency, please consult belk.com.

Belk has made a conscientious effort to display its products on the Platforms accurately so that you can get a good idea of the color, design, texture, sizes, look and configuration of the product featured. However, the detail and accuracy of the image of products that you see as a visitor to the Platforms will depend on a number of things, including your computer equipment and Internet connections. Consequently, Belk cannot and does not guarantee that the product images available to you on its website are accurate in every detail.

Purchasing from the Platforms

Most of the products featured on the Platforms can be purchased by you online. When ordering, please follow the instructions carefully. If you ever have a question about any order you have made from the Platforms please contact Belk by email under "Contact Us" on our Customer Service page on any Platform or by phone at 1-866-235-5443.

Belk will send you a confirmation email of any order you place on the Platforms; however, your receipt of an electronic or other form of order confirmation does not necessarily signify Belk's acceptance of your order, nor does it constitute confirmation of Belk's offer to sell. Belk reserves the right at any time after receipt of your order to accept or decline your order for any reason. Belk reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Belk may require additional verifications or information before accepting your order. Belk is a seller to end user customers and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by Belk.

Belk will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the following states: AL, AR, CT, FL, GA, IN, KY, LA, MD, MO, MS, NC, ND, NY, OK, PA, SC, SD, TN, TX, VA, WA, WI and WV. Each customer will be solely responsible for all sales taxes, use taxes or other taxes on orders shipped to any other state.

South Carolina residents who are age 85 or older are entitled to a 1% South Carolina state sales tax reduction if requested on items purchased for personal use. Upon customer request, Belk will accommodate the sales tax reduction after the transaction is completed on any Platform. Please call 1-866-235-5443 to request the sales tax reduction. Be prepared to reference your order number and provide proof of your age.

Belk Owns the Contents of the Platforms

Users assume all responsibility and risk for the use of the Platforms and the Internet generally. All information and materials provided on the Platforms are provided "as is," without any express or implied warranty or representation of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and noninfringement of intellectual property. You acknowledge, by your use of the Platforms, that your use is solely at your own risk. In no event will Belk be liable for any damages whatsoever (including, without limitation, any special, indirect or consequential damages or damages resulting from loss of use of data, or profits, or business interruption) arising out of the use of or inability to use the content of the Platforms or any website linked thereto, even if Belk has been advised of the possibility of such damages. Belk does not warrant the accuracy or completeness of the information, text, graphics, links, and other items contained on the Platforms. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. Warranty information regarding any products offered for sale on the Platforms is available through the vendor/manufacturer that made the product. Please contact the vendor/manufacturer for any questions or concerns. Thank you. This section does not apply to residents of New Jersey.

Disclaimer. Users assume all responsibility and risk for the use of the Platforms and the Internet generally. All information and materials provided on the Platforms are provided "as is," without any express or implied warranty or representation of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and noninfringement of intellectual property. You acknowledge, by your use of the Platforms, that your use is solely at your own risk. In no event will Belk be liable for any damages whatsoever (including, without limitation, any special, indirect or consequential damages or damages resulting from loss of use of data, or profits, or business interruption) arising out of the use of or inability to use the content of the Platforms or any website linked thereto, even if Belk has been advised of the possibility of such damages. Belk does not warrant the accuracy or completeness of the information, text, graphics, links, and other items contained on the Platforms. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. Warranty information regarding any products offered for sale on the Platforms is available through the vendor/manufacturer that made the product. Please contact the vendor/manufacturer for any questions or concerns. Thank you. This section does not apply to residents of New Jersey.

Limitation of Liability. In no event will Belk, or any of our employees, directors, officers, or agents be liable to any party for any general, direct, indirect, incidental, special, consequential, exemplary or punitive damages for use of the Platforms including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from, arising out of, or in any way connected with the use of or inability to use the Platforms or reliance on the content in the Platforms. This limitation of liability applies to all claims based in law, equity, contract, negligence, strict liability, tort, or otherwise. This section does not apply to residents of New Jersey.

Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Indemnification by You

By using the Platforms, you agree to indemnify, defend, and hold Belk harmless from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from your use of the Platforms or the material provided therein and any breach by you of these Terms of Use. This section does not apply to residents of New Jersey.

Dispute Resolution and Arbitration; Class Action Waiver

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. Belk is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. Belk’s Customer Service Representatives are ready to assist you and address your concerns. Please email Belk_Customer_Care@belk.com or call 1-866-235-5443. In the event that our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.

A. Pre-Arbitration Claim Resolution - For all disputes, you must first give Belk an opportunity to resolve the dispute by emailing or writing us at Customer_Resolution@belk.com or 2801 West Tyvola Road, Charlotte, NC 28217, Attn: General Counsel. and providing the following information: (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

B. Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and Belk arising under these Terms of Use, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration. To the extent allowed by applicable law, you agree that you will bring any claim within two (2) years from the date on which such claim or action arose or accrued or it will be irrevocably waived. This provision is applicable in all states to the extent allowed by applicable law. You and Belk further agree that any dispute, whether at law or equity, arising out of or relating in any way to these Terms of Use, your use of or access to the Platforms (other than unauthorized use), or to any products or services sold or distributed by Belk, whether in-store, over the phone, or online, including, but not limited to, the advertising of, or sales practices and pricing relating to, products, services, delivery, and any communication, by whatever means, between you and Belk, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration. Disputes and claims that are within the scope of a small claims court’s authority and claims related to intellectual property, patents, copyrights, moral rights, trademarks and claims of piracy or unauthorized use of our Platforms or services are exempt from this dispute resolution provision, so long as they are brought on an individual basis and not by way of a class or collective action.

You and Belk 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 BELK AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS OF USE, YOU AND BELK ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. In the absence of this provision, you and Belk might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be limited or may be waived.

 This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against Belk’s affiliates and related entities.

 The agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

 This agreement to arbitrate shall survive termination of these Terms of Use and the termination of your account with Belk or your discontinued use of the Platforms. 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. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Belk both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

C. Arbitration Procedures - If any dispute between you and Belk is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Belk may initiate arbitration proceedings. The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. To begin an arbitration proceeding, you must send a demand to the AAA describing your claim and serve a copy of the demand on Belk’s registered agent for service of process, National Registered Agents, Inc., 160 Mine Lake Court, Suite 200, Raleigh, North Carolina 27615, United States. The AAA’s rules and the form for filing an arbitration claim are available at https://www.adr.org or by calling 1-800-778-7879.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are unable to pay a filing fee, you will be relieved of the obligation to pay the filing fee, and any disputes in this regard will be decided by the arbitrator. Judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. The arbitrator will be mutually agreed to by you and Belk.

Miscellaneous Provisions

The Platforms are controlled and operated by Belk from its offices in Charlotte, North Carolina. The Federal Arbitration Act and applicable federal law (or, in the absence of applicable federal law, then the laws of the State of North Carolina), without regard to any conflict of law provisions, will govern these Terms of Use and any disputes or claims between you and Belk. In any circumstances where the agreement to arbitrate permits the parties to litigate a dispute in court, any such dispute shall be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in the State of North Carolina.

Order Cancellations

When placing an order on the Platforms once you click submit we are unable to cancel your order at that time. However, once you have received your order, if you are in any way dissatisfied, you can choose one of our two easy and convenient ways to make a return. Please see our Return Policy to find out which way is best for you.

Rebate Information

Any product rebate offer given to you with your purchase is provided by the manufacturer, not Belk. The manufacturer is responsible for any terms and conditions and effective dates of the rebate offer. Please note: It is standard to provide a proof of purchase and the Universal Product Code from the original packaging and postage before you will receive redemption of any rebate offer provided by the manufacturer.

Pricing

At Belk, it is our goal to make sure our pricing is accurate at all times. However, in the event there is a pricing or product description error, Belk reserves the right to correct any of these inaccuracies. To find out more, please see our Pricing Policy.

User Content

By sharing photos on Facebook, Twitter, Instagram and Pinterest with the hashtag #BelkYes, by responding to Belk photo rights request with the hashtag #BelkYes, you are agreeing to the following:

As between you and us, you own all content and information you post or share using the Site (referred to as "User Content"), such as posting or sharing comments, photos, and videos. Site includes Facebook, Twitter, Instagram, Pinterest and other social media channels.

You grant permission to Belk for a perpetual license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other Belk marketing purposes, including but not limited to the Platforms, catalogs, email, and other customer communications, store materials, social media, and other marketing. Belk may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Belk. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

You promise that: You own all rights to your User Content or, alternatively, that you have the right to give Belk the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Belk may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Site for any reason.

Belk Owns Information, Suggestions, Ideas, Etc. that You Submit

Any comments, suggestions, ideas or other submissions that you provide to Belk by using the Platforms or which are otherwise provided to Belk in connection with your use of the Platforms will become Belk's property. The act of providing any such comments, suggestions, ideas, feedback, or materials constitutes an assignment to Belk of all worldwide right, title and interest, including copyright and other intellectual property rights, in the material and information you provide to Belk. Belk will be under no obligation to use any idea, submission or suggestion provided by you in any way or to respond to any such idea, submission or suggestion.

No information, material, or comment provided to Belk by you through the Platforms may contain vulgar, obscene, threatening or otherwise unlawful language or material.

Belk Social Networking Community Policy

With the best interests of the social networking community in mind, please note Belk's "rules of the road" for civil and successful networking on its community programs, such as, but without limitation, blogs, chats, forums, wikis, profiles, tweets, and other social networking forums. You must be at least 13 to participate and agree to be governed by our Privacy Policy and the Terms of Use outlined above.

  1. USE GOOD JUDGEMENT. You are personally responsible for the content you post, and some things you may be tempted to post may violate laws or even cause you to be sued by others. Belk is not responsible or liable for what you or anyone else posts on our sites and programs.

  2. BE POLITE AND RESPECTFUL. DO NO HARM. Do not curse, threaten, name call, belittle, ridicule, embarrass, humiliate, harass, insult, or make rude or joking comments or slurs about a person's gender, race, religion, disability, age, national origin, sexual orientation, military status or any other negative comments about their protected class.

  3. RESPECTFULLY DISAGREE. Do not pick fights or use our Platforms to carry out a personal agenda not related to the fashion or retail world. This is not the appropriate place for debate of controversial political or social issues.

  4. NO SOLICITATION. Do not use these sites to solicit funds, advertise your services or goods for sale, promote business for a third party, or any other commercial purpose.

  5. NO OBJECTIONABLE MATERIAL. No nude, semi-nude or sexually oriented words, pictures, jokes, cartoons or videos of yourself or others. No material that targets any protected classes, such as jokes about a person's gender, race, religion, disability, age, national origin, sexual orientation, military status.

  6. NO MATERIAL THAT COULD HARM THE SITE OR THE COMPUTERS OF OTHERS. No spam, chain letters, video's, U-Tube clips, or chain jokes, and no material that may have imbedded a virus, worm, corrupted files, Trojan horses, malware, spyware or any other device aimed at damaging computers, collecting data, etc.

  7. GIVE CREDIT WHERE CREDIT IS DUE. Do not attach or imbed any text, logo, video, songs, pictures, drawings, etc. or any other material as if it is your own which may be protected by a copyright, trade secret, or any other rights of ownership not belonging to you unless you have written, signed and dated permission by the owner, and you acknowledge the true owner in your post.

  8. BE CONFIDENTIAL REGARDING YOURSELF, AND OTHERS. Never post a social security number, a credit card number, birthday, telephone number, first or last name, address, email address, password, or any other information someone could use for identity theft.

  9. THESE BELK SITES AND PROGRAMS ARE PUBLIC, NOT PRIVATE. What you decide to post will be open to public view and considered non-confidential and non-proprietary. You and you alone are responsible for what you say, for the protection of your private information and for safeguarding your thoughts, ideas and creations. If you do not want the world to see it, or others including Belk to use it without restriction and without compensation to you, then don't post it with us.

  10. OFFENSIVE, OUT-DATED OR IRRELEVANT MATERIAL. While it would be impossible to monitor every post and respond to every comment, Belk reserves the right and discretion to remove any offensive, outdated or irrelevant material posted to its sites at any time, for any reason, without notice, and to suspend or ban a user who violates these guidelines.

  11. OBEY THE LAWS. In the event of suspected unlawful conduct using Belk social media sites or programs, Belk will report the conduct to the appropriate authorities and cooperate in their investigation or prosecution of criminal wrong-doing.

  12. REPOSTING. Do not repost messages that have been removed from the site.

Digital Millennium Copyright Act Notice—Notice and Procedure for Making Claims of Copyright Infringement

Belk’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Platforms can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Belk’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Belk that your copyrighted material has been infringed. Belk does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Belk will respond by either taking down the allegedly infringing content or blocking access to it. Belk may contact the notice provider to request additional information. Under the DMCA, Belk is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Belk a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

  1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);

  2. Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Platform. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;

  3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);

  4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);

  5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;

  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;

  7. Be signed; and

  8. Be sent to our DMCA designated agent at the following address:

    DMCA Designated Agent
    c/o Belk Legal Department
    2810 W. Tyvola Road
    Charlotte, North Carolina 28217
    fax: (704) 357-1883
    email: DMCA@belk.com

Belk Gift Card and Promotional Card Terms and Conditions

These Belk Gift Card and Promotional Card Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to use of (1) Belk gift cards (whether issued in electronic, plastic or other format) (collectively, “Gift Cards”); and (2) Belk promotional cards or credits that are issued pursuant to a promotional, incentive, loyalty or rewards program (whether issued in electronic, plastic or other format) (“Promotional Cards” and, collectively with Gift Cards, referenced as “Cards”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, RESOLUTION OF DISPUTES THROUGH ARBITRATION AND CLASS ACTION WAIVERS. This Agreement is between you, the Cardholder, and Belk Gift Card Company LLC (“Issuer”), the Card Issuer. By purchasing, accepting or using your Card, you agree that the Agreement then in force shall apply, including without limitation the binding arbitration, waiver of jury trial and waiver of class action provisions more fully detailed below. If you do not agree with this Agreement, do not purchase, use or accept the Card. The purchase and use of Cards are also subject to Belk’s General Terms of Use, which are subject to change and available at https://www.belk.com/customer-service/terms-of-use/, and Belk’s Privacy Policy, which is subject to change and available at https://www.belk.com/customer-service/policies-guidelines/privacy-policy/.

  1. About Your Card. The Cards are issued by Issuer. Issuer is responsible for the operation and maintenance of the Gift 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 (including without limitation Belk, Inc. and subsidiaries (“Belk”)) bear no responsibility or liability for any Cards, and you hereby knowingly release Issuer’s affiliates and related entities (including without limitation Belk) from any and all liability or claims of any nature whatsoever arising in connection with the Card. Gift Cards can be purchased at Belk Stores, online at Belk.com, on Belk’s tablet or smartphone apps or from authorized third-party distributors. Gift Cards are not debit or credit cards. Promotional Cards are not gift cards, and may be distributed at Issuer’s discretion in connection with promotional, incentive, loyalty or rewards programs operated by Issuer or its affiliates.

  2. Not for Promotional Use. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Issuer’s prior written approval. Such approval may be conditioned on, among other things, execution of and compliance with Issuer’s standard Gift Card license agreement.

  3. Not for Resale. Gift Card is valid only if obtained at a Belk store, online at Belk.com or from authorized third-party distributors. Gift Card is 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.

  4. Transferability. Gift Cards may be given as gifts. Promotional Cards are non-transferable.

  5. Balance Inquiry. For balance inquiry, visit Belk.com or call 1-800-474-6102. The balance you receive when inquiring over the telephone or online 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.

  6. Expiration/Deactivation.
    • a. Gift Cards do not expire. No fees for inactivity or service fees apply. Issuer reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
    •  
    • b. Promotional Cards may contain expiration dates in Issuer’s discretion. Please refer to the terms of the specific Promotional Card.
  7. Redemption. You can use your Card at any Belk location and online at Belk.com. Cards have no cash value and may not be redeemed for cash (except as required by law). Cards are not redeemable to purchase another Gift Card or towards previously purchased goods or services. Cards cannot be used to pay on your Belk charge account.

  8. Reloadable. Gift Cards may be reloaded with value only at a Belk store. Gift Cards are not reloadable on Belk.com.

  9. No Refunds. No refunds are permitted for purchases of Gift Cards.

  10. Lost, Stolen or Damaged Cards. Lost, stolen or damaged Cards will not be replaced or credited to any account. Cards should be safeguarded accordingly.

  11. Cards Used Without Authorization. Cards that have been used without Cardholder’s authorization will not be replaced.

  12. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. The Issuer is committed to customer satisfaction, so if you have a problem or dispute related to a Card, we will try to resolve your concerns. Belk’s Customer Service Representatives are ready to assist you and address your concerns. Please email Belk_Customer_Care@belk.com or call 1-866-235-5443. In the event that our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.

    A.  Pre-Arbitration Claim Resolution - For all disputes, you must first give the Issuer an opportunity to resolve the dispute by emailing or writing us at Customer_Resolution@belk.com or 2801 West Tyvola Road, Charlotte, NC 28217, Attn: General Counsel. and providing the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

    B.  Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and the Issuer arising under this Agreement, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration. To the extent allowed by applicable law, you agree that you will bring any claim within two (2) years from the date on which such claim or action arose or accrued or it will be irrevocably waived. This provision is applicable in all states to the extent allowed by applicable law. You and the Issuer further agree that any dispute, whether at law or equity, arising out of or relating in any way to this Agreement, your purchase or use of a Card (other than unauthorized use), or to any Cards sold or distributed by the Issuer or Belk, whether in-store, over the phone, or online, including, but not limited to, the advertising of, or sales practices and pricing relating to Cards, and any communication, by whatever means, between you and Belk, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration. Disputes and claims that are within the scope of a small claims court’s authority and claims related to intellectual property, patents, copyrights, moral rights, trademarks and claims of piracy or unauthorized use of our Cards or services are exempt from this arbitration provision, so long as they are brought individually.

    You and the 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 the Issuer agree to waive the right to trial by jury. You understand and agree that by accepting this Agreement, you and Belk are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this provision, you and the Issuer might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Other rights that you would have if you went to court ( e.g ., the rights to both appeal and certain types of discovery) may be limited or may be waived .

    This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against Belk’s affiliates and related entities.

    This agreement to arbitrate evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

    This agreement to arbitrate shall survive termination of this Agreement or your discontinued use of the Cards. 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. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and the Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

    C.  Arbitration Procedures - If any dispute between you and the Issuer is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Issuer may initiate arbitration proceedings. The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. To begin an arbitration proceeding, you must send a demand to the AAA describing your claim and serve a copy of the demand on the Issuer’s registered agent for service of process, National Registered Agents, Inc., 160 Mine Lake Court, Suite 200, Raleigh, North Carolina 27615, United States. The AAA’s rules and the form for filing an arbitration claim are available at https://www.adr.org or by calling 1-800-778-7879.

    Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are unable to pay a filing fee, you will be relieved of the obligation to pay the filing fee, and any disputes in this regard will be decided by the arbitrator. Judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. The arbitrator will be mutually agreed to by you and the Issuer.


  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. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

  14. Governing Law. The laws of the State of North Carolina, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.

  15. 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://www.belk.com/giftcardterms.

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

Supplemental Terms and Conditions for Electronic Cards

Belk electronic Gift Cards (“e-Gift Cards”) and Belk electronic Promotional Cards (“e-Promotional Cards” and, collectively with e-Gift Cards, referenced as “e-Cards”) are distributed by CashStar Inc., a Delaware corporation (“CashStar”). The remainder of these Supplemental Terms and Conditions for Electronic Cards (the “Supplemental CashStar Terms”) relate specifically to Belk e-Cards purchased through CashStar. CashStar reserves the right to change these Supplemental CashStar Terms from time to time in its discretion.

  1. E-Gift Card Purchase. Belk e-Gift Cards are available for purchase here. No fees of any kind will be imposed on purchasers or recipients of e-Gift Cards in connection with the sale of e-Gift Cards. Total purchases of Belk e-Gift Cards for any one individual may not exceed two thousand dollars ($2,000.00) in one calendar day.

  2. CashStar Policies. Information that you provide when purchasing e-Gift Cards is subject to CashStar's Privacy Policy. CashStar and Belk Gift Card Company LLC may provide e-Gift Card purchasers with information about the redemption status of e-Gift Cards

  3. Risk of Loss of e-Cards. Ownership and risk of loss of e-Cards passes to the purchaser as soon as CashStar sends its confirmation to the recipient. Neither CashStar nor the Issuer is responsible for lost or stolen e-Cards. If you have any questions, please see the FAQs.

  4. E-Card Customer Service. If you need assistance with any aspect of your purchase, ownership, or use of your e-Card, please contact Customer Support. Please refer to your order number, or be ready to supply your email address. If you suspect that someone has copied or stolen your e-Card, contact Customer Support immediately.

  5. Delivery Information and Requirements for e-Gift Card Purchasers. All orders of e-Gift Cards are subject to a process that compares purchaser information provided on the Belk.cashstar.com web site with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your e-Gift Card order may be delayed until it can be corrected. If you have concerns about your order, please contact Customer Support .Please refer to your order number, or be ready to supply your email address. Neither CashStar nor the Issuer is responsible for e-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 address of the recipient is correct and contact Customer Support if you suspect the recipient did not receive his/her e-Card.

  6. Reasons for Failed Delivery of e-Cards. E-Cards are delivered via email. If you have confirmed the recipient's email address but the e-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:
    • a. Spam filter blocked email or routed it to a bulk/spam folder
    • b. Recipient's firewall blocked the email
    • c. Email inbox is over size limit
    • d. Invalid email address
    If a spam filter is blocking Belk emails from getting to an inbox, the email options will need to be modified so that Belk emails are not considered spam. If you need further assistance, contact Customer Support. Please refer to your order number, or be ready to supply your email address.

  7. Personalized E-Gift Card Messaging. . If you wish to add a personal message to an e-Gift 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 e-Gift Card. There is no additional charge to include a personalized message. If CashStar finds inappropriate, offensive or otherwise objectionable messages, it reserves the right to cancel them.

  8. CashStar Limitation of Liability. CASHSTAR AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO E-CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN E- CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH E-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.