Gift Card Terms
This is an agreement between you and Pink Door Sweets, Inc. dba Pink Door Cookies (“Pink Door Cookies”) and provides very important details about the terms and conditions (“Terms”) that apply to our gift cards. Please read it carefully.
By buying, using, loading, or possessing a Pink Door Cookies Card, you agree to comply with these terms and conditions and not use your Pink Door Cookies Card in any way that may be harmful to Pink Door Cookies, its parents, subsidiaries, or affiliates, or its customers.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND US. FOR MORE INFORMATION ON CERTAIN RIGHTS AVAILABLE TO YOU THAT MAY BE SUBSTANTIALLY AFFECTED, SEE SECTION 14.
Pink Door Cookies issues gift cards (“Pink Door Cookies Card”), in both electronic and physical form, to customers and prospective customers in order to make shopping with Pink Door Cookies easier and enhance the overall shopping experience with us. Each card will allow you to load a dollar amount onto your Pink Door Cookies Card for use at participating Pink Door Cookies stores and the Pink Door Cookies online store. The dollar amount is a prepayment for services and goods, and due to the Pink Door Cookies Cards being on a “closed loop” system, the dollar amounts on the card are redeemable only for Pink Door Cookies products and services.
SECTION 1 – RESTRICTIONS
Pink Door Cookies does not target, or intend for the Pink Door Cookies Card to be used by anyone under the age of 13. The Pink Door Cookies Card, however, may be used by individuals between the ages 13 and 18 only under the supervision of a parent or legal guardian who agree to these Terms.
SECTION 2 – RISK OF LOSS
The risk of loss and title for Pink Door Cookies Cards pass to purchaser upon our delivery to a shipping carrier or electronic transmission of an eGift Card to the purchaser or purchaser’s desired recipient, whichever is applicable. Pink Door Cookies is not responsible, and you agree Pink Door Cookies will not be responsible, if any Pink Door Cookies Card is lost, stolen, or destroyed or if your available balance is used without your permission.
SECTION 3 – PURCHASING AND RELOADING VALUE ON YOUR CARD
You can purchase a Pink Door Cookies Card through one of three ways: (i) in-store at a Pink Door Cookies Store for a physical card (ii) online at https://squareup.com/gift/MLP0YB3XP49H3/order for an eGift Card, as described in Section 7 or (ii) online at https://pinkdoorcookies.com (the “Website”) for a physical gift card or eGift Card. Please note there may be a delay between the time you purchase a Pink Door Cookies Card and when the funds on your Pink Door Cookies Card being available for use.
You can reload your Pink Door Cookies Card through one of two ways: (i) in-store at a Pink Door Cookies store or (ii) online at https://squareup.com/gift/MLP0YB3XP49H3/check-balance. When you reload in-store, you may request proof of the reloading by asking for a digital receipt. If you choose to reload online, we will send you an email to confirm that your Pink Door Cookies Card has been reloaded. In most cases, when your Pink Door Cookies Card is reloaded, the funds will be immediately available. In some instances, however, the reload may take up to twenty-four (24) hours to be reflected in the account.
The maximum dollar amount allowable on your Pink Door Cookies Card is $1,000. This means you are also prohibited from adding value to a previously issued gift card so that the total funds loaded on a gift card in any single day exceeds $1,000. Furthermore, you may not load more than $10,000 on any number of Pink Door Cookies Cards in a single day. The minimum dollar amount you may load on your Pink Door Cookies Card is currently $5.00. We may change this amount at any time without advance notice to you.
All amounts loaded onto your Pink Door Cookies Card will be in U.S. dollars.
SECTION 4 – USING YOUR CARD
Your Pink Door Cookies Card may only be redeemed for eligible products and services provided by Pink Door Cookies. These eligible products and services may change at any time in our sole discretion and without notice to you. If your purchase exceeds the available balance on your Pink Door Cookies Card, you must pay the remaining amount with another valid payment method.
Pink Door Cookies does not assess a fee on the redemption of a Pink Door Cookies Card to purchase goods or services from us. Additionally, we do not assess or impose any fees or charges on the issuance, maintenance, or redemption of gift cards.
SECTION 5 – CHECKING YOUR BALANCE
You should treat your Pink Door Cookies Card like cash. To help protect your Pink Door Cookies Card, please check your balance regularly to verify its accuracy. You can check your Pink Door Cookies Card balance at https://squareup.com/gift/MLP0YB3XP49H3/check-balance. Please note that we will not send you periodic statements of activity on your Pink Door Cookies Card.
SECTION 6 – FRAUD AND YOUR CARD
If we reasonably believe your Pink Door Cookies Card is being used, or has been used, in an unauthorized, illegal, or otherwise fraudulent matter, we may, in our sole discretion, refuse to accept your Pink Door Cookies Card, restrict its usage, or suspend the account associated with such card. You are solely responsible for safeguarding your Pink Door Cookies Card and its balance. You agree that Pink Door Cookies has no liability to you for any unauthorized or illegal third-party usage or activity associated with your Pink Door Cookies Card. If we determine the balance on your Pink Door Cookies Card has been derived from a fraudulent or otherwise illegal source, we may, in our sole discretion, cancel your Pink Door Cookies Card and retain the balance without notice to you for purpose of resolving this matter with any local law enforcement authorities or banking institutions.
SECTION 7 – eGIFT CARD
The Pink Door Cookies Card is also available electronically. With the Pink Door Cookies eGift Card, you can send these cards to recipients via email. Prior to completing your purchase of a Pink Door Cookies eGift Card, you may choose when to have your Pink Door Cookies eGift Card delivered to your desired recipient. Your delivery may be a future date or instantly. On your selected delivery date, we will send your desired recipient an email notifying him or her that an eGift Card has been sent to him or her.
SECTION 8 – GIFT CARD BALANCE EXPIRATION
We do not charge any activation, service, dormancy or inactivity fees in connection with your Pink Door Cookies Card. Your Pink Door Cookies Card has no expiration date nor does the value on your Pink Door Cookies Card Card ever expire.
SECTION 9 – CASH BACK
Unless required by local, state, or federal law or provided for herein, the dollar amount on your Pink Door Cookies Card is nonrefundable and may not be redeemed for cash. If you are entitled to receive cash back under applicable law, cash will be return only to the extent required by such law.
SECTION 10 – NOTICES
You agree to receive communications from us electronically. Communications from us may be sent through email or published on this Website. You agree that all electronic communications, including, but not limited to, notices, alerts, warnings, disclosures, and agreements, from us to you satisfy any legal requirement that requires us to communicate in writing. You further agree that all electronic communications are deemed given and received on the date we transmit, post, or send such electronic communications.
SECTION 11 – INTEREST
The balance on your Pink Door Cookies Card will not earn any interest.
SECTION 12 – INSURANCE
The dollar amount on your Pink Door Cookies Card is not insured by the Federal Deposit Insurance Corporation (FDIC).
SECTION 13 – LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY LAW, PINK DOOR COOKIES, AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO PINK DOOR COOKIES CARDS OR YOUR PINK DOOR COOKIES BALANCE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A PINK DOOR COOKIES CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
IF PINK DOOR COOKIES, OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATIES, IS FOUND TO BE LIABLE TO YOU UNDER THESE TERMS, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES, WHEREBY SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR PINK DOOR COOKIES CARD. PINK DOOR COOKIES, AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, LOSS, CLAIM OR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, DIMINUTION IN VALUE, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH (I) YOUR USE OF, OR INABILITY TO USE, A PINK DOOR COOKIES CARD, (II) ANY OTHER CLAIM RELATED IN ANY WAY CONNECTED TO THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY OR OTHER THEORY, OR (III) ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
SECTION 14 – ARBITRATION
YOU AND PINK DOOR COOKIES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PINK DOOR COOKIES CARD, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 19. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PINK DOOR COOKIES WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pink Door Cookies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – ASSIGNMENT
We may assign all or part of this agreement without notice to you. Upon assignment, we are then released from all liability. You may not assign this agreement without our prior written consent and any attempted assignment will be void.
SECTION 17 – GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee notwithstanding any conflict of law rules.
SECTION 18 – FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, pandemic, epidemic, invasion or hostilities (whether war is declared or not), terrorist threats or acts, protests, riot or other civil unrest, mail carrier robbery or vandalism, mail carrier destruction, national emergency, revolution, insurrection, lockouts, injury to artist, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable ingredients and materials, materials or telecommunication breakdown, or power outage.
SECTION 19 – AMENDMENT
We may amend this agreement at any time by posting an updated version on our Website. The updated version will be effective at the time we post it. In addition, if the updated version includes a substantial change, we will provide you with thirty (30) days’ prior notice of substantial change by posting notice on the Website or emailing you with notice of an update to the Terms. Unless we specify otherwise, all changes will apply to future and existing Pink Door Cookies Cards. If you do not agree to the changes, you must notify us within twenty-five (25) days from the date of our notice, otherwise we will deem you to have agreed to such changes. Additionally, we will deem you to have agreed to such changes if you use any Pink Door Cookies Cards after the notice period. If you do notify us that you do not agree to the changes, we will cancel your Pink Door Cookies Card and refund the remaining balance to you.
SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 22 – GENERAL TERMS
Last Updated: January 31, 2022