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IMPORTANT -- PLEASE READ: The following Starbucks Card Duetto™ Program Agreement describes the terms and conditions that apply to the pre-paid account (referred to as "Starbucks Card Account") of your Starbucks Card Duetto™ Visa® Card (referred to as “Duetto Card”) and the promotional terms that apply to the use of the Duetto Card (referred to as “Starbucks Rewards Program”). This agreement is in addition to the terms of your Bank One Cardmember Agreement. This agreement is divided into three parts. Part One describes the terms that apply generally to the Starbucks Card Account. Part Two describes the terms that apply to the Starbucks Rewards Program. Part Three contains important legal terms and conditions, including information regarding Starbucks privacy statement, our mutual agreement to exclusively arbitrate disputes, and how we may make changes to this agreement.
BY USING THE DUETTO CARD, YOU AGREE TO THE TERMS OF THIS AGREEMENT. PLEASE KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The Duetto Card is issued to you jointly by Starbucks and Bank One. It allows you to load a dollar value onto your Starbucks Card Account of your Duetto Card for future purchases at participating Starbucks stores. Starbucks issues and manages your Starbucks Card Account. The Duetto Card is also a Visa credit card that allows you to make purchases against a line of credit at any merchant that accepts Visa. Bank One, Delaware, N.A. (Bank One) issues and manages the credit card account associated with your Duetto Card (the "Visa Account"). For more information regarding your Visa Account, please refer to your Bank One Cardmember Agreement.
You may use the Starbucks Card Account for purchases only at participating Starbucks stores. The dollar value that you load onto your Starbucks Card Account and the Duetto Dollars you earn (as described in Part Two of this agreement) may be used for the purchase of goods and services of participating Starbucks stores. Your Starbucks Card Account does not contain a credit card feature, credit line, overdraft protection, or deposit account so you will not be permitted to make purchases that exceed your Starbucks Card Account balance. Unless otherwise required by law or permitted by this agreement, any amount in your Starbucks Card Account is
non-refundable, non-transferable and may not be redeemed for cash. Your Starbucks Card Account cannot be used to pay any amount you may owe on your Visa Account. No interest, dividends, or any other earnings on funds deposited to a Starbucks Card Account will accrue or be paid or credited to you by Starbucks. The value associated with the Starbucks Card Account is not insured by the Federal Deposit Insurance Corporation (FDIC).
Most Starbucks locations in North America accept your Starbucks Card Account for purchases. Certain Starbucks-branded locations may not permit you to use the Starbucks Card Account for payment, including some airport, grocery and bookstore locations, or in stores in Hawaii, Puerto Rico, Guam and outside continental North America. However, you may use your Duetto Card as a credit card wherever Visa cards are accepted. For an up-to-date list of stores that accept the Starbucks Card Account, call 1-800-STARBUC or go to
www.starbucks.com/storelocator. Select “Starbucks Card Stores” from the “Store Type” drop-down menu. We reserve the right not to accept any Duetto Card or otherwise limit use of a Starbucks Card Account if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
When using the Duetto Card, you are responsible for informing the Barista (store employee) whether you wish to use the Starbucks Card Account or the Visa Account. Once the transaction has been completed, it cannot be reversed or otherwise changed without a receipt.
In the United States and Canada, you can load a dollar value on the Starbucks Card Account by using your Visa Account of your Duetto Card, another credit card, a Visa or MasterCard debit card or cash by visiting any participating store, going online to
www.starbucks.com, or by calling 1-800-STARBUC. You may not load more than $500 worth of value to your Starbucks Card Account. The minimum amount that must be loaded onto your Starbucks Card Account is $5.00 at participating stores or $15.00 at our website. Starbucks may change the maximum and minimum amounts at any time by notifying you at the point of sale, by phone when you call, or on the Starbucks web site, and such change shall not constitute an amendment to this agreement.
At this time, all amounts loaded onto your Starbucks Card Account are held and denominated in U.S. dollars regardless of whether you use U.S. or Canadian currency. When you load value to your Starbucks Card Account in Canada, the amount loaded is converted from Canadian dollars to U.S. dollars. Similarly, when you make purchases in Canada using your Starbucks Card Account, the transaction total is converted to U.S. dollars and deducted from the account. No fees or other charges are made to your Starbucks Card Account for the conversion. Although the actual balance of your Starbucks Card Account is based in U.S. dollars, the balance shown on your receipt will be in the domestic currency of the store location. Transactions that occur on our web site are denominated in U.S. dollars. Currency conversions are based on currency exchange rates applicable on the date of the transaction.
To make reloading your Starbucks Card Account easier, you can use our optional Card Auto-reload feature. By using your Visa Account, another credit card, or a Visa or MasterCard debit card, you can automatically reload a dollar value onto your Starbucks Card Account whenever your account balance falls below a certain threshold or on a particular day you determine. To set up Card Auto-reload, you need to call 1-800-STARBUC or go online to
www.starbucks.com/card. Simply set up the reload date or the balance threshold at which you want to reload in your preferences profile and then provide us with payment information. Your credit card will be billed according to the schedule and amount you have selected. We will send you an email after each automatic reload to let you know your Starbucks Card Account has been loaded. You can change your preferences at any time, but changes may take up to 24 hours to go into effect.
To discontinue Auto-reload on your Card, you must call 1-800-STARBUC or visit Your Account at www.starbucks.com to disable the feature within 24 hours of the next scheduled reload. Once the dollar value is loaded, the transaction cannot be reversed.
Starbucks does not charge any fees for use of your Starbucks Card Account.
You should refer to your Bank One Cardmember Agreement for information on any fees associated with your Visa Account.
Cardholders are not sent statements of itemized transactions from a Starbucks Card Account. You can check the balance of your Starbucks Card Account or review recent transactions on your Starbucks Card Account at our web site at
www.starbucks.com/card or by calling 1-800-STARBUC. You will need to have your Duetto Card available in order to access your account. When you make a purchase using your Starbucks Card Account, you also may receive a receipt containing the account balance for your Starbucks Card Account.
If you use your Starbucks Card Account, you will receive a receipt but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Starbucks Card and will provide the remaining balance of your Starbucks Card Account. If you use your Visa Account, you will receive a receipt and may be asked to sign the receipt. The receipt will indicate that the purchase was made using the Visa Account. Please check your receipt to ensure the right account was used. If the wrong account is used, please notify the Barista immediately who will correct the error.
We reserve the right to correct the balance of your Starbucks Card Account if we believe that a clerical, billing or accounting error occurred. We will send you a report of any corrections at the contact information provided by you. If you have questions regarding your transaction history or any correction, please call our customer service department at 1-800-STARBUC. If you dispute any transaction or correction that has been assessed against your Starbucks Card Account, please write to us at Starbucks Customer Relations, PO BOX 3717, Seattle WA 98124 and include your name, Visa Account number, contact information and a description of the disputed transaction. We will conduct an investigation and tell you the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will send you an explanation. We shall have no liability for any billing error unless you provide us written notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely. You will have a different dispute process for transactions made using your Visa Account. If you have a dispute regarding your Visa Account, you must contact Bank One at 1-888-212-5383.
You are responsible for all transactions associated with your Starbucks Card Account, including unauthorized transactions that may result if your card is lost or stolen. If your Duetto Card becomes lost, stolen or damaged, you should contact Bank One immediately at 1-888-212-5383. Your Starbucks Card Account balance is only protected from the point in time you notify Bank One that your Duetto Card is missing. We will freeze the remaining balance on your Starbucks Card Account at the time you notify Bank One. We will load that remaining balance on your replacement Duetto Card. Any accrued rewards value on the Visa Account at the time the Duetto Card was reported lost or stolen will be transferred to the appropriate accounts on your new Duetto Card.
If you voluntarily close your Duetto Card and you have a Starbucks Card Account balance that is greater than $0.00, we will send you a new replacement Starbucks Card with the remaining balance. The Starbucks Card replacement value will be equal to the value of the Starbucks Card Account at the time that the Duetto Card is cancelled. Once you cancel your Duetto Card, you will not be able to access your Starbucks Card Account balance until you receive your replacement Starbucks Card, which will arrive in 7 to 10 business days. If you do not receive it within this time, please contact Starbucks at 1-800-STARBUC. For information on what happens to accrued rewards not yet received at time of cancellation, please see
“Loss of Duetto Dollars” in the following section.
The following rewards programs are provided as a benefit of the Duetto Card: Starbucks “Duetto Dollars” Program, the "Use and Give" Reward Program, and the "Starbucks Rewards and Benefits" Program. Starbucks reserves the right to modify or terminate these programs at any time without prior notice. Cardholders are responsible for any personal tax liability related to participating in the Programs. The Programs are void where prohibited by federal, state or local law.
Duetto Dollar Types.
As described below, you can accrue Duetto Dollars on all Visa purchases of your Duetto Card.
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Credit Card Purchases. Each time you use the Visa Account of your Duetto Card to purchase goods or services, you will earn rewards in the form of Duetto Dollars. Your Duetto Dollars will be calculated by multiplying the total amount of purchases (less credits and returns) made to your Visa Account each billing cycle by 1.0%. Duetto Dollars will NOT be awarded based on finance charges accrued on account balances, balance transfers, cash advances, convenience checks, unauthorized charges, or fees on products which protect or insure the balances of your account, or fees of any kind and are subject to disqualification prior to being awarded for the circumstances described below. |
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Card Auto-reload Bonus. For as long as you are enrolled with a Starbucks Card Auto-reload using your Visa Account of your Duetto Card, you will earn additional Duetto Dollars equal to two percent (2%) of each automatic Reload amount. Combined with the 1% purchase reward, this means that your total Duetto Dollars for each Card Auto-reload is three percent (3%) of your reload amount. The Card Auto-reload Bonus is not available if you use any other method to reload your Starbucks Card Account. |
Your Duetto Dollars will be automatically transferred to your Starbucks Card Account each month as long as the Duetto Dollar amount is equal to, or greater than, $1. Awarded Duetto Dollars can be used like any other dollar amount loaded onto your Starbucks Card Account as described by this agreement.
Duetto Dollars earned that are less than or equal to $0.01 will be rounded as follows: rounded down to the nearest whole cent if amount is less than or equal to $0.0049 and rounded up to the nearest whole cent if amount is greater than $0.0049. That means you will earn one Duetto Dollar for every one hundred dollars in net purchases you make. If you have not accumulated more than $1 in Duetto Dollars, this amount will carry over until your next billing statement and will be distributed when you have accumulated at least $1.
Your monthly Visa Account billing statement will state the total number of accumulated Duetto Dollars earned on your account during the current billing period and the total Duetto Dollars you have earned year-to-date. Duetto Dollars earned during the month are not available for redemption until they are posted on your monthly billing statement.
Under certain circumstances you will not receive or may forfeit the Duetto Dollars that you have earned.
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If you fail to make two consecutive minimum monthly payments on your Visa Account as indicated on your monthly billing statement, the value of Duetto Dollars you have earned that month will be accrued, but will not be awarded to you unless you make your current amount due and the amount due at the time you receive your next month’s billing statement. |
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If your account is charged off as a loss by Bank One, any existing Duetto Dollars not yet transferred to your Starbucks Card Account will be immediately cancelled. |
If you voluntarily cancel your Duetto Card and you have accrued but not yet received Duetto Dollars that are greater than $1, we will send you a new replacement Starbucks Card with the accrued Duetto Dollar value. The Starbucks Card replacement value will be equal to the value of your accrued Duetto Dollars at the next scheduled account cycle date following your cancellation. Your replacement Starbucks Card will then arrive in 7 to 10 business days after the account cycle date. If you do not receive it within this time, please contact Starbucks at 1-800-STARBUC.
Fraud or abuse relating to the accrual or redemption of Duetto Dollars may result in forfeiture of accrued Duetto Dollars as well as cancellation of membership in the Program.
In the event that your Duetto Card is lost or stolen and you are issued a new card, the amount of accrued Duetto Dollars, the amount of qualifying purchases, and the anniversary date of your old account will apply to your new account.
“Use and Give” Program
When you use your Visa Account for the very first time, Starbucks will make a contribution to The Starbucks Foundation. This money will be used for grants in communities to support literacy, diversity and environmental initiatives. To learn more about The Starbucks Foundation, please visit
www.starbucks.com/aboutus/foundation.asp or call us at 1-800-STARBUC.
“Starbucks Rewards and Benefits” Program
Each calendar quarter, Starbucks will reward cardholders who make purchases with their Starbucks Card Account. To find out the type of rewards that correspond to certain usage levels, please visit
www.starbucks.com/duetto or call 1-800-STARBUC. The terms of the Starbucks Rewards and Benefits Program will vary so please refer to our web site at
www.starbucks.com/duetto or call us at 1-800-STARBUC for current information.
Starbucks reserves the right to disqualify you from participation in The Rewards Program. All rewards are available for personal purposes and cannot be earned or redeemed by business, commercial, or government transactions or accounts and can not be returned to Starbucks for cash or store credit.
For information concerning how we collect, use and disclose information concerning the Starbucks Card Account and how to select privacy preferences regarding certain promotional communications, you should refer to our privacy statement at
www.starbucks.com , or call 1-800-STARBUC and ask us to mail you a copy. You should refer to Bank One's privacy policy for information concerning the privacy practices that apply to your Visa Account of your Duetto Card.
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. We will notify you of any change, addition or deletion. In addition, we will post the terms to the modified agreement on our web site at
www.starbucks.com/duetto or by calling 1-800-STARBUC. As permitted by applicable law, any change, addition or deletion will become effective at the time on the date we post the revised agreement to our web site or generally in our stores or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Starbucks Card Account(s). You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your Duetto Card after such notice period. If you do not accept the changes, additions or deletions, your Duetto Card will be closed and any amounts remaining on your Starbucks Card Account will be refunded to you.
We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of your Duetto Card or the Starbucks Card Account. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Starbucks Card Account less any amounts that you may owe us. In the event that this agreement is terminated, this Part Three shall survive in accordance with its terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this agreement or your use of the Starbucks Card Account of the Duetto Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis. Disputes or claims arising from the use of your Visa Account are subject to different terms. Please see your Bank One Cardmember Agreement for details.
Arbitration Procedures. You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute 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 this agreement. 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 we agree that this agreement evidences 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 we agree otherwise, any arbitration will take place in Seattle, Washington, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. 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 we 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. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration. All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we 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.
Waiver of Punitive Damage Claims and Class Actions. By this agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we 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 or consolidated basis or in a representative capacity.
This agreement shall be governed by and construed in accordance with the laws of the State of Washington notwithstanding any conflict of law rules.
STARBUCKS, ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE STARBUCKS CARD ACCOUNT OR THE DUETTO CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. STARBUCKS DOES NOT REPRESENT OR WARRANT THAT YOUR STARBUCKS CARD ACCOUNT WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IN THE EVENT THAT STARBUCKS, ITS AFFILIATES, AND SUPPLIERS ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES. STARBUCKS, ITS AFFILIATES, AND SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE AND USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL STARBUCKS, ITS AFFILIATES, AND SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A DUETTO CARD OR STARBUCKS CARD ACCOUNT THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY, MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
This agreement is the complete and exclusive statement of agreement between you and the Starbucks Corporation, and supersede and merge all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
If you have any questions regarding this agreement or your Starbucks Card Account, please visit our web site at
www.starbucks.com/duetto or call us at 1-800-STARBUC.
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