TERMS & CONDITIONS for Stella & Dot Gift Cards:Updated 5 months ago
TERMS & CONDITIONS for Stella & Dot Gift Cards:
The Stella & Dot Gift Card program will go live for U.S. and Canadian customers for purchase and redemption in January 2018.
“Gift Card” shall mean an e-Gift Card or previously issued physical card, unless otherwise specified herein.
- The Gift Card will be sent via email after approximately 2 hours of purchase to your recipient.
- A customer may purchase a Gift Card with Stella & Dot Store Credits.
- A customer may not purchase a Gift Card with Hostess Credits or Hostess Half-Offs.
- The purchase of a Gift Card in an Event counts towards Hostess Rewards for that Event. However, the redemption of a Gift Card does not count toward Hostess Rewards.
- The email address associated with a Gift Card does not have to be the email address of the intended recipient of the Gift Card.
- A Gift Card may be personalized with a custom message, maximum 150 characters.
- Gift Cards may be used either online or at an Event. However, you may not purchase a Gift Card and use it at the same Event.
- The redemption of a Gift Card in an Event does not count towards Hostess Rewards for that Event.
- To use your Gift Card to make a purchase, enter in the Gift Card number and pin at checkout
- Any unused balance after purchase will remain on your Gift Card. If a purchase order exceeds the amount of the Gift Card, the balance must be paid with a valid credit card or by using Stella & Dot Store Credit
- You may not use more than one Gift Card for the same order
- Any returned goods purchased with a Stella & Dot Gift Card will be issued as Stella & Dot Store Credit. Please see our Return Policy for more detail
- Gift Cards cannot be returned or redeemed for cash value, reloaded with additional value, resold or transferred for value, except where required by law.
- Gift Cards are issued in local currency and may only be used in the country of issuance.
- Gift Cards are issued by brand and may only be used within the same brand.
- Gift Cards cannot be used to purchase other Gift Cards.
- Gift Cards are not valid until 2 hours after the order for the Gift Card is submitted.
- Promotions and other special offers may not be used to purchase Gift Cards.
- Gift Cards are available in pre-set denominations. At this time, it is not possible to input a custom Gift Card value.
- Gift Cards purchased in the U.S. will never expire.
Risk of Loss
- The risk of loss and title for Gift Cards pass to the purchaser upon delivery of the Gift Card to the purchaser or designated recipient, whichever is applicable. Stella & Dot will not replace lost, stolen or destroyed Gift Cards.
- Stella & Dot will have the right to close customer accounts and bill alternative forms of payment if Stella & Dot suspects that a fraudulently obtained Gift Card is redeemed and/or used to make purchases.
Limitation of Liability
- STELLA & DOT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO STELLA & DOT GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A STELLA & DOT GIFT CARD IS NON-FUNCTIONAL OR OTHERWISE NON-USABLE, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH STELLA & DOT 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 MIGHT HAVE ADDITIONAL RIGHTS.
- Any dispute or claim relating in any way to your Stella & Dot Gift Card will be resolved exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
- To initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to Stella & Dot LLC, 8000 Marina Boulevard, Suite 400, Brisbane, CA 94005 , Attn: Legal Department.
- Class Action Waiver. You and Stella & Dot mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). Notwithstanding any other clause contained in this Agreement or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
- Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), except as follows:
- The arbitration shall be heard by one arbitrator selected in accordance with the JAMS Rules. The arbitrator shall be an attorney with experience in the law underlying the dispute.
- In the event the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 25 miles of where you are located.
- Unless applicable law provides otherwise, as determined by the arbitrator, the parties agree that Stella & Dot shall pay all of the arbitrator’s fees and costs.
- The arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
- Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
- The arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
- The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.
- Either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration may be rendered ineffectual.
- Regardless of any other terms in these Terms and Conditions, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.
- Stella & Dot Gift Cards are issued by Stella & Dot LLC, a California limited liability company. When you purchase, receive or redeem a Stella & Dot Gift Card, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Stella & Dot Gift Card terms and conditions. Stella & Dot 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.
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