Essentials PetCare E-Gift Card Terms and Conditions
Published December 16, 2020
Gift Card Terms and Conditions of Essentials PetCare, hereinafter referred to as (“The Company”).
The following are the Gift Card Terms and Conditions applicable to the Company’s Gift Cards.
1. Redemption: The Company’s (“we”, “us,” or “our”) Gift Cards (“Gift Cards”) may only be redeemed toward the purchase of eligible goods and services provided by the Company at the location from which the Gift Card was purchased, and any additional Company locations which have been authorized to accept Gift Cards. We may modify the locations at which Gift Cards can be redeemed in our sole discretion. Purchases are deducted from the redeemer’s Gift Card balance. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method. To view your Gift Card balance, visit our locations which have been authorized to accept Gift Cards. Your Gift Card balance may also be viewed online at www.gyft.com, or with the Gyft App available for download at App.Gyft.com.
2. Fees: No fees apply to Gift Cards.
3. Expiration: Any unused Gift Card balance will not expire.
4. Limitations: Gift cards cannot be used to purchase other Gift Cards, cannot be reloaded, sold, transferred for value, or redeemed for cash, except to the extent required by law. Unused Gift Card balances cannot be transferred to any other card or account.
5. Risk of Loss: The risk of loss and title for Gift Cards passes to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
6. Fraud: We have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases.
7. Limitation of Liability: WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT 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 MAY HAVE ADDITIONAL RIGHTS.
8. Disputes; Waiver of Trial by Judge or Jury: Any dispute or claim relating in any way to Gift Cards will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Gift Card Terms and Conditions as a court would. To begin an arbitration proceeding, you must send a letter to us requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at 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. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
10. General Terms: When you purchase, receive or redeem a Gift Card, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Gift Card Terms and Conditions. We reserve the right to change these Gift Card Terms and Conditions from time to time in our discretion, upon notice to you, including by e-mail, posting in our stores, or on our website located at https://essentialspetcare.com. All Gift Card Terms and Conditions are applicable to the extent permitted by law.