Gift Card Terms and Conditions
These terms and conditions govern the issuance of gift cards (“Card”) by The French Kitchen, LLC, a Colorado limited liability company located in Colorado Springs, Colorado (the “The French Kitchen”). The French Kitchen is the sole obligor to Card owner. When you purchase, receive or redeem a Card, you agree that the laws of the State of Colorado will govern these Card terms and conditions, without regard to principles of conflict of laws. The French Kitchen reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.
Use and Redemption
This Card is usable up to its balance for purchases made at The French Kitchen, or online at www.tfkcc.com, and may be redeemed in connection with the purchase of food, drink, boutique items, and classes held at The French Kitchen. Cards are not redeemable online or for other gift Cards, and are not redeemable for cash except as required by law.
To check the balance on your Card, please visit The French Kitchen located in Colorado Springs or call 719-528-6295. To register your card, visit HeartlandGiftcard.com The Card balance you see online or receive over the phone is an estimate and may not reflect recent purchases. In most cases, the balance on your Card is automatically adjusted when you make a purchase. However, there may be delays between recent purchases and when the balance for your Card is updated.
If you return an item purchased using a Card, The French Kitchen will refund the purchase price by crediting your Card or by issuing you a new Card in the amount of the return.
Risk of Loss
This Card will not be replaced or refunded if lost or stolen. The risk of loss and title for all Cards pass to the purchaser upon sale. The French Kitchen is not responsible if a Card is lost, stolen, destroyed or used without your permission.
Limits on Promotional Use
Cards may be used as personal or business gifts. However, in order to control the use of its trademarks and branding, Cards may not be used for promotional purposes, to include, without limitation, any marketing, advertising, or other similar activities conducted by any means, to include, without limitation activities through websites, internet advertisements, email, telemarking, direct mail, newspaper and magazine advertisements, and radio or television broadcasts, without first obtaining written permission from The French Kitchen. If you are interested in using Cards in connection with your advertising, please contact The French Kitchen at firstname.lastname@example.org.
The French Kitchen reserves the right to close any Card accounts and may request alternative forms of payment if The French Kitchen believes such Cards have been fraudulently obtained. The French Kitchen cannot ensure that Cards purchased online or through third party resellers are genuine or have accurate account balances. Accordingly, The French Kitchen discourages the purchase of discounted Cards and the purchase of Cards from unauthorized resellers. To further reduce incidences of fraud, Cards may not be returned, resold, transferred for value, redeemed for cash or applied to any other account except as required by law.
No Resale of Cards
You may not resell Cards without the prior written consent of The French Kitchen. If you would like to become an authorized reseller of our Cards, please contact us at email@example.com.
Compliance with Laws
By purchasing a Card, you are certifying and representing to The French Kitchen that: (i) all uses of the Card will comply with these terms and conditions, and all applicable laws, rules and regulations; and (ii) that the Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers. In addition, you agree to defend and indemnify The French Kitchen and its respective members, managers, officers, agents, and employees from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your use of the Cards or your violation of any of these terms and conditions. You agree to release The French Kitchen and its respective members, managers, officers, agents, and employees from and against any and all claims, expenses or liabilities that you now have again, that you may have against, or that you may later have against or incur in connection with your use of the Cards or any violation of any of these terms and conditions.
Return and Transfer
Cards cannot be returned, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law.
Limitation of Liability
The French Kitchen makes no representations, warranties or conditions of any kind and hereby disclaims any of the same, express or implied, with respect to the 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. In the event that The French Kitchen is found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the value of your Card. The French Kitchen shall have no liability for any incidental, indirect, or consequential damages (including without limitation loss of profit, revenue, or use) arising out of, or in any way connected with, these terms and conditions, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, even if The French Kitchen or its authorized representatives have been advised of the possibility of such damages. In no event shall The French Kitchen have any liability for unauthorized access to, or alteration, theft or destruction of a Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or 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, The French Kitchen’s liability is limited to the greatest extent permitted by law.
Any dispute relating in any way to a Card shall be adjudicated in the Colorado District Court located in El Paso County, Colorado, or the Federal District Court located in Denver, Colorado, and you consent to exclusive jurisdiction and venue in such courts.