GIFT CARD TERMS AND CONDITIONS
The Baggerdaves.com website and its associated content (collectively, the “Website”) is offered for your use by Bagger Dave’s®. By purchasing a gift card (“Gift Card”) through the Website, you agree that you have read, understand, and agree to be bound by these Gift Card Terms and Conditions (the “Terms and Conditions”).
YOU MUST READ THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT USE THE WEBSITE OR PURCHASE A GIFT CARD. YOUR PURCHASE OF A GIFT CARD THROUGH THE WEBSITE IS AN ASSENT TO THESE TERMS AND CONDITIONS.
General Terms
These Terms and Conditions are applicable in addition to the Terms of Use and Privacy Policy applicable to the Website, which are fully incorporated herein by reference. Gift Cards are issued by Bagger Dave’s®. When you purchase, receive, or redeem a Gift Card, you agree that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern the Gift Card and these Terms and Conditions. These Terms and Conditions may be modified, deleted, or added to at any time at the sole and absolute discretion of Bagger Dave’s®. If and when Bagger Dave’s® changes these Terms and Conditions, Bagger Dave’s® will change the Effective Date to reflect that change. Any subsequent alteration to these Terms and Conditions shall not apply to Gift Cards issued before the Effective Date.
Consumer Protection
Bagger Dave’s® shall not refuse to accept a Gift Card in payment for goods or services used or bought for use primarily for personal, family, or household purposes unless that Gift Card is presented for redemption after it expired. Bagger Dave’s® shall not restrict the holder of a Gift Card from using the Gift Card in a manner consistent with these Terms and Conditions. Bagger Dave’s® shall not charge an inactivity fee or other service fee for the possession or use of the Gift Card. Bagger Dave’® reserves the right to charge a fee in connection with the sale of a Gift Card so long as the fee is not deducted or debited from the face value of the Gift Card.
Redemption
Gift Cards may only be redeemed toward purchase of eligible goods and services provided by Bagger Dave’s®, including online purchases through the Website or at any Bagger Dave’s in-store location. Purchases are deducted from the redeemer’s Gift Card balance. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method. Bagger Dave’s® and its affiliates (hereinafter, “we,” “us,” or “our”) may provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase.
Expiration
Your Gift Card shall expire five (5) years after purchase. We reserve all right, title, and interest in any unused balance upon expiration of your Gift Card.
Delivery Information and Requirements for Gift Card Purchasers
All Gift Card orders through the Website are subject to a process that compares purchaser information provided on the Website with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your Gift Card order may be delayed until it can be corrected. If the date on which you want a Gift Card delivered has passed and you have not received confirmation that the Gift Card was sent, please contact customer service. Please refer to your order number, or be ready to supply your e-mail address. We are not responsible for Gift Cards that are undeliverable or not received due to your failure to enter an accurate mailing address for the recipient. Please check to make sure the mailing address of the recipient is correct and contact customer service if you suspect the recipient did not receive his/her Gift Card. Should a Gift Card be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid mailing address.
Not for Promotional Use
Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation, via websites, internet advertisements, e-mail, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain our express written permission.
No Affiliation with Bagger Dave’s
Use of our name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Gift Cards is strictly prohibited. Furthermore, the use of Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, us or any of our subsidiaries or affiliates is strictly prohibited.
Limitations
Gift Cards may not be redeemed for the purchase of products or services except as expressly provided in these Terms and Conditions. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. You may not return or cancel your Gift Card after it is delivered to the carrier. Unused Gift Card balances may not be transferred to another Gift Card. Resale of Gift Cards is strictly prohibited.
Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon delivery of the Gift Card to the carrier.
Lost or Stolen Gift Card
If your Gift Card is lost or stolen, immediately contact customer service at 248-655-0444 Ext. 62. Lost or stolen Gift Cards cannot be replaced without the original receipt. Neither we nor our affiliates shall have liability to you for (i) lost or stolen Gift Cards or (ii) use of any Gift Cards by third parties without your permission. You are solely responsible for keeping your Gift Card safe and for any activity conducted on your Gift Card.
Compliance with Laws
By purchasing a Gift Card(s), you are certifying and representing to us that the activities in connection with which the Gift Card(s) will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Gift Card(s) will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or us. In addition, you agree to defend and indemnify us and our subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Card(s) or violation of any of these Terms and Conditions.
Fraud
We reserve the right to cancel any Gift Card and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make any purchase.
Limitation of Liability
WE MAKE 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 NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH 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.
Disputes
Any dispute or claim relating in any way to a Gift Card will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent AMC Burgers, Inc. 27680 Franklin Road, Southfield, Michigan 48034. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Effective Date
December 10, 2014.
