Gift Certificate Terms and Conditions
Terms of Service
Last updated October 20, 2017
The following Terms of Service are the terms and conditions that
apply to Gift Certificates, Class Reservations, or Private Party deposits. By
using our site, you agree to the terms of this agreement. Please keep a copy of
this agreement for your records.
The Pinot’s Palette Gift Certificate is issued to you by Pinot’s Palette. It allows you to load a dollar value onto a Pinot’s Palette Gift Certificate for future purchases at any Pinot’s Palette studio. The dollar value that you load onto your Pinot’s Palette Gift Certificate is a prepayment only for the goods and services of a studio. No credit card, credit line, overdraft protection or deposit account is associated with a Pinot’s Palette Gift Certificate. Unless otherwise required by law or permitted by this agreement, any amount on your Pinot’s Palette Gift Certificate is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a Pinot’s Palette Gift Certificate will accrue or be paid or credited to you by Pinot’s Palette. The value associated with the Pinot’s Palette Gift Certificate is not insured by the Federal Deposit Insurance Corporation (FDIC).
All Pinot’s Palette studios accept the Pinot’s Palette Gift
Certificate. We reserve the right not to accept any Pinot’s Palette Gift
Certificate or otherwise limit use of a Pinot’s Palette Gift Certificate if we
reasonably believe that the use is unauthorized, fraudulent, or otherwise
unlawful.
Each
Gift Certificate has a unique Pinot’s Palette Gift Certificate order number and
only one gift certificate account associated with it, no matter how many times
the confirmation email or receipt is printed out.
Fees
and Expiration of Gift Certificate Balance
Pinot’s
Palette does not charge any fees for the issuance, activation, or use of your
Pinot’s Palette Gift Certificate. Your Pinot’s Palette Gift Certificate has a
list expiration date.
Receipts
and Statements
Gift
Certificate holders are not sent statements of itemized transactions from a
Pinot’s Palette Gift Certificate. You can check the balance of your Pinot’s
Palette Gift Certificate or review recent transactions on your Pinot’s Palette
Gift Certificate by calling your local studio. You will need to have your
Pinot’s Palette Gift Certificate number available in order to access your
account. You should keep your receipts and check your online statement to
ensure that your account balance is correct
Billing
Errors, Corrections
We
reserve the right to correct the balance of your Pinot’s Palette Gift
Certificate if we believe that a clerical, billing, or accounting error
occurred. If you have questions regarding your transaction history or any
correction, or if you dispute any transaction or correction that has been
assessed against your Pinot’s Palette Gift Certificate, please call your local
studio. We will conduct an investigation and communicate the results and
correct any error that we verify as soon as we finish the investigation. If no
error was found, we will communicate an explanation. We shall have no liability
for any billing error unless you provide us notice within 60 days of the date
of the transaction in question. You should monitor your transactions and
Pinot’s Palette Gift Certificate balance closely.
Registration,
Liability for Unauthorized Transactions
Because
your Pinot’s Palette Gift Certificate is used like cash for purchases from
Pinot’s Palette, you are responsible for all transactions associated with your
Pinot’s Palette Gift Certificate, including unauthorized transactions. However,
if your Pinot’s Palette Gift Certificate is lost, stolen, or destroyed, the
Card can be replaced with the balance remaining on it at the time of your call
to a studio.
If
your Pinot’s Palette Gift Certificate becomes lost, stolen, or damaged, you
should contact us immediately by calling your local studio. Your Pinot’s
Palette Gift Certificate balance is only protected from the point in time you
notify us that your Pinot’s Palette Gift Certificate is missing. We will freeze
the remaining balance on your Pinot’s Palette Gift Certificate at the time you
notify us and will load that remaining balance on a replacement Pinot’s Palette
Gift Certificate
Privacy
Statement
For
information concerning how we collect, use, and disclose information concerning
the Pinot’s Palette Gift Certificate and how to select privacy preferences
regarding certain promotional communications, you should refer to our privacy
statement or call your local studio and ask us to mail you a copy.
Changes
to This Agreement
We
may amend the terms of this agreement at any time, including any rights or
obligations you or we may have. We will post the terms to the modified
agreement on our website. As permitted by applicable law, any change, addition,
or deletion will become effective at the time we post the revised agreement to
our website. Unless we state otherwise, the change, addition, or deletion will
apply to your future and existing Pinot’s Palette Gift Certificate. You are
deemed to accept the changes, additions, or deletions if (1) you do not notify
us to the contrary in writing within 20 days of the date of our notice or such
other time specified in the notice, or (2) you use your Pinot’s Palette Gift
Certificate after such notice period. If you do not accept the changes,
additions, or deletions, your Pinot’s Palette Gift Certificate will be
cancelled and any amounts remaining on your Pinot’s Palette Gift Certificate
will be refunded to you.
Cancellation
of This Agreement
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 the Pinot’s
Palette Gift Certificate. If we terminate this agreement without cause, we will
refund or issue class credits equal to the balance held in your Pinot’s Palette
Gift Certificate less any amounts that you may owe us.
Arbitration
Rights
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 a Pinot’s Palette
Gift Certificate 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.
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 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 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 Houston, Texas, 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, then 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.
Governing
Law – Texas
This
Agreement shall be governed by and construed in accordance with the laws of the
State of Texas notwithstanding any conflict of law rules.
Disclaimers
and Limits of Liability
Pinot’s
Palette and its affiliates make no representations, warranties, or conditions
of any kind, express or implied, with respect to the Pinot’s Palette Gift
Certificate, 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. Pinot’s Palette does not represent or warrant that your Pinot’s
Palette Gift Certificates will always be accessible or accepted.
In
the event that Pinot’s Palette or its affiliates are found liable to you, you
shall only be entitled to recover actual and direct damages and such damages shall
not exceed the last balance held on your Pinot’s Palette Gift Certificate.
Pinot’s Palette and its affiliates 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 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 Pinot’s Palette or its
affiliates have any liability for unauthorized access to a Pinot’s Palette Gift
Certificate, or alteration, theft, or destruction of a Pinot’s Palette Gift
Certificate 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, our liability is limited to the greatest
extent permitted by law.
Assignment
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.
Entire
Agreement, Construction
This
agreement is the complete and exclusive statement of agreement between you and
Pinot’s Palette Franchise LLC, and supersedes and merges 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.
Inquiries
or Questions
If
you have any questions regarding this agreement or your Pinot’s Palette Gift
Certificate, call your local studio.
Private
Party Deposits
Deposits
are required to reserve a studio’s main or private room. Each studio has a
minimum number of painters per room that must be met to receive a full deposit
refund. Deposits are non-refundable in the event of cancellation or
rescheduling. Deposits are partially refundable once the balance of the party
has been paid which can include but is not limited to; the studio’s minimums
number of painters, room fees, custom painting fees, etc.. If you have any questions
about the studio’s deposit policy, please reach out to the Pinot’s Palette
studio at which you wish to have your event.
©
2017 Pinot’s Palette Franchise LLC. All rights reserved. PINOT’S PALETTE and
the Pinot’s Palette Logo are trademarks of Pinot’s Palette Franchise LLC. All
other trademarks are the property of their respective owners.