Sweet & Sassy Gift Card Terms & Conditions
PURCHASE OR USE OF A Sweet & Sassy Gift Card CONSTITUTES ACCEPTANCE OF THESE Sweet & Sassy GIFT CARD TERMS & CONDITIONS ("TERMS"). YOU SHOULD READ THESE TERMS CAREFULLY, AS THEY REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS FOR ALL GIFT CARD PURCHASES MADE ON OR AFTER 10/1/2017.
- Overview and General Terms. The Sweet & Sassy’s Gift Card ("Gift Card") can be purchased in two formats (i) a physical Gift Card; and (ii) an electronically transmitted Gift Card. The term “Gift Card” as used herein refers to both the physical and electronic Gift Card, unless otherwise indicated. Sweet & Sassy’s reserves the right to change these Terms from time to time in its sole discretion and may contract with a third party to issue Gift Cards and may assign its obligations under the Terms to a third party. All Terms are applicable to the extent permitted by law. If any provision of these Terms are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. Sweet & Sassy Franchising, LLC and its franchisees reserve the right not to accept any gift card not issued by or purchased from Sweet & Sassy’s and/or its franchisees. Gift cards purchased or issued by sources other than through Sweet & Sassy and/or participating franchisees may be redeemed for less than the unredeemable value of the gift card, if at all.
- Redemption. Gift Cards can be used to purchase goods or services sold at participating Sweet & Sassy locations throughout the United States. A Gift Card may be used up to its unredeemed balance only. Purchases that exceed the value of the tendered Gift Card will require an additional payment via Gift Card, credit card, or cash for the balance due. Gift Cards will not be accepted if the card number is invalid, has not been activated, or cannot be found within the Sweet & Sassy Gift Card system.
- Expiration and Fees. Gift Cards do not expire, and no fees are charged for the use of Gift Cards. No fees are charged for the purchase of Gift Cards; provided, however, if you order a physical Gift Card online, you will be charged shipping costs.
- Limitations of Use. Gift Cards cannot be used to purchase Gift Cards and cannot be used to pay an open balance due. Gift Cards are not exchangeable for cash, except where required by law. Resale of Sweet & Sassy’s Gift Cards is strictly prohibited.
- Risk of Loss. Ownership and risk of loss of Gift Cards passes to the purchaser as soon as the Gift Card is given to the purchaser, delivered to the designated shipping carrier or is transmitted by email. Gift Cards will not be replaced if lost, damaged or stolen.
- LIMITATION OF LIABILITY.
- SWEET & SASSY MAKES 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 DEFECTIVE, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT 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.
- No provision in these Terms shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Sweet & Sassy’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); and (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm).
Disputes. The following dispute resolution procedure applies for all Gift Card purchases on or after 10/1/2017.
- Negotiation. You agree to first attempt to negotiate the resolution of any controversies, claims, disputes, rights, interests, suits or causes of action arising out of or relating to Gift Cards or these Terms or the breach thereof(“Dispute”) in good faith with Sweet & Sassy Franchising, LLC informally for at least thirty (30) days before either party initiates any arbitration or court proceeding. Negotiations will begin upon receipt of written notice by Sweet & Sassy from you. You must send your notice to: Sweet & Sassy’s Franchise LLC, 2250 Pool Rd. Ste 102 Grapevine, TX 76051
- Binding Arbitration. If a Dispute cannot be resolved through negotiations, either you or Sweet & Sassy’s may elect to have the Dispute resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. In arbitration, a private organization (the “Arbitrator”) decides the Dispute. There is not a judge, and there is no jury. The Arbitrator follows the procedural rules that the parties agreed to beforehand, as well as the Arbitrator’s own rules. The Arbitrator’s decision is binding and cannot be appealed, except in limited circumstances.
- Scope of Arbitration. The Arbitrator will determine the scope and enforceability of these Terms. Where any action includes claims that are arbitral and claims that are not, the entire action shall be stayed, absent a showing of prejudice to the complaining party, pending the resolution of the arbitral issues in arbitration. You or Sweet & Sassy can request the stay be lifted upon a showing of prejudice.
- Selection of Arbitrator and Rules. Any arbitration under these Terms will be conducted in the State of Texas in Tarrant County through an Arbitrator selected by Sweet & Sassy.
- Conduct of Arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The Arbitrator will decide the fairest way to proceed. The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims. To the extent discovery is permitted, the Federal Rules of Civil Procedure will apply. The Arbitrator will make a decision in writing. If you or Sweet & Sassy asks for it, the Arbitrator will provide a statement of reasons. The Arbitrator must follow and apply applicable law. The decision of the Arbitrator shall be final and binding on you and Sweet & Sassy, and any award of the Arbitrator may be entered in any court of competent jurisdiction.
- Costs and Discovery. In some instances, the costs of arbitration could exceed the costs of litigation. Notwithstanding any statutory provisions to the contrary, you and Sweet & Sassy agree to each pay your own costs and expenses, including, without limitation, attorneys’ fees in connection with the arbitration.
- CLASS AND COLLECTIVE ACTION WAIVER. You and Sweet & Sassy agree that any arbitration or court proceeding shall be limited to the Dispute between Sweet & Sassy and you on an individual basis. YOU ACKNOWLEDGE AND AGREE THAT:
- A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND SWEET & SASSY;
- THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION OR COLLECTIVE BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
- YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.
- If, for any reason, this class or collective action waiver is deemed unenforceable by a court, you agree that the parties’ contract to arbitrate is then void, and any ongoing or future Dispute will be submitted to a federal or state court of competent jurisdiction within the State of Texas, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or Sweet & Sassy agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.
- Jurisdiction. There is a federal law that applies here, the Federal Arbitration Act, 9 U.S. Code § 1, et seq. The Federal Arbitration Act will apply to any Disputes. You or Sweet & Sassy can seek provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and Sweet & Sassy’s agree to submit to the jurisdiction of the state and federal court in Tarrant County, Texas for such provisional remedies or to enforce these Terms and to the exclusive jurisdiction and venue of such courts.
Issuer. Gift Cards are issued by Sweet & Sassy’s Franchise LLC., Grapevine, TX