FOLKS GIFT CARD TERMS AND CONDITIONS
IMPORTANT – PLEASE READ: The following Folks Gift Card Agreement describes the terms and conditions that apply to the pre-paid account of your Folks Gift Card. This agreement is divided into two parts. Part One describes the terms that apply generally to the Folks Gift Card. Part Two contains important legal terms and conditions, including information regarding Folks Incorporated privacy statement, our mutual agreement to exclusively arbitrate disputes, and how we may make changes to the agreement.
By using your Folks Gift Card, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
PART ONE: FOLKS GIFT CARD GENERAL TERMS
About your Account; Folks Purchases Only
The Folks Gift Card is issued to you by Folks Southern Kitchen or online, by Folks Kitchen to You. It allows you to load a dollar value on to a Folks Gift Card for future purchases at participating Folks Southern Kitchen stores. The dollar value you load onto a Folks Gift Card is a pre-payment only for the goods and services at participating Folks Southern Kitchen locations. No credit card, credit line, overdraft protection, or deposit account is associated with a Folks Gift Card. Unless otherwise required by law or permitted by this agreement, any amount on your Folks Gift Card is non-refundable and may not be redeemed for cash. No interest, dividends, or any other earnings on funds deposited to a Folks Gift Card will accrue or be paid or credited to you by Folks Incorporated. The value associated with the Folks Gift Card is not insured by the Federal Deposit Insurance Corporation (FDIC).
All Folks Southern Kitchen locations in Georgia accept Folks Gift Cards. We reserve the right not to accept any Folks Gift Card or otherwise limit use of a Folks Gift Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Loading Value on Your Card
You can load value on the Folks Gift Card by using a credit card, debit card or cash by visiting any participating store. You may not load more than $100 worth of value to your Folks Gift Card. The minimum amount that must be loaded onto your Folks Gift Card is $5.00 at participating stores. Folks Incorporated may change the maximum and minimum amounts at any time by notifying you at the point of sale, or by phone when you call, and such change shall not constitute an amendment to this agreement.
All amounts loaded onto your Folks Gift Card are held and denominated in U.S. Dollars.
Fees and Expiration of Card Balances
Folks Incorporated does not charge fees for the issuance, activation, or use of your Folks Gift Card and your Folks Gift Card has no expiration date.
Receipts and Statements
Cardholders are not sent statements of itemized transactions from a Folks Gift Card account. You can check your balance on your Folks Gift Card at our website at www.folkskitchen.com/shop/index.cfm?fuseaction=giftcards or visiting one of our Folks Southern Kitchen locations. You will need to have your Folks Gift Card available in order to view your balance. The card balance will appear on your receipt from a point-of-sale register. When you use your Folks Gift Card, you will receive a receipt and may be asked to sign the receipt. You may also apply gratuity using your Folks Gift Card. The receipt will indicate that the purchase was made using a Folks Gift Card and will provide the remaining balance of your Folks Gift Card.
Billing Errors, Corrections
We reserve the right to correct the balance of your Folks Gift Card 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 Folks Gift Card, please call our customer service department at 770-446-5998, ext. 11. 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 sixty (60) days of the date of the transaction in question. You should monitor your account balances closely.
Liability for Unauthorized Transactions
Because your Folks Gift Card is used like cash for purchases from Folks, you are responsible for all transactions associated with your Folks Gift Card, including unauthorized transactions. If your Folks Gift Card is lost, stolen, or destroyed, Folks Incorporated is not liable for replacing your card.
PART TWO: IMPORTANT LEGAL TERMS
Privacy Statement
For information on how we collect, use and disclose information concerning the Folks Gift Card and how to select privacy preferences regarding certain promotional communications, you should refer to our privacy statement at www.folkskitchen.com/shop?fuseaction=privacy .
Change 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 in our stores and on our website at www.folkskitchen.com . As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our website or generally in our store or as otherwise stated in notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Folks Gift Card.
Cancellation of This Agreement
We may suspend or terminate this agreement and revoke or limit any or all rights and privileges granted to you at any time without notice or liability. Termination may result from fraudulent or unauthorized use of the Folks Gift Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance on your Folks Gift Card less any amounts that you may owe us. In the event that this agreement is terminated, this Part Two shall survive in accordance with its terms.
Governing Law – Georgia
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia notwithstanding any conflict of law rules.
Disclaimer and Limits to Liability
FOLKS INCORPORATED AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE FOLKS GIFT 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. FOLKS INCORPORATED DOES NOT REPRESENT OR WARRANT THAT YOUR FOLKS GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IN THE EVENT THAT FOLKS INCORPORATED OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR FOLKS GIFT CARD. FOLKS INCORPORATED 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, WARRANY, 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 FOLKS INCORPORATED OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A FOLKS GIFT 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, 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 Folks Incorporated, 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 Folks Gift Card, please visit our website at www.folkskitchen.com . |
