The following terms and conditions (herein referred to as the “T&Cs”) apply to any gift card or code (herein referred to as the “Card” issued by Painted Donkey Inc. (herein referred to as the “Company”) in association with its gift card program.
By purchasing the Card, accepting and retaining the Card, or using the Card, you agree to these T&Cs. We reserve the right to change these T&Cs as well as the gift card program itself at any time without notice, except where required by law. The Card and associated offers, if any, are void where prohibited by law. The terms “you” and “your” mean the person who holds the Card and the person who uses the Card to make purchases from the Company. The terms “we”, “our”, and “us” refer to Painted Donkey Inc., the issuer of the Card. Please keep a copy of these T&Cs for your records.
- Use of the Card
Your right to use the funds on the Card is subject to these T&Cs and applicable law. The Card may only be redeemed toward the purchase of eligible products through the website URL identified on the Card (also referred to in these T&Cs as the “Website”) and in-store. The amount available on the Card will be reduced by the amount of any purchase. Use of the Card is limited to the amount of funds on the Card. You may use no more than one Card per transaction. The full amount of each purchase, including taxes, will be deducted from the balance of funds on the Card, up to the total available balance. You cannot increase the funds on the Card or otherwise reload the Card. Resale of the Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited.
- Additional Information about the Card
You may obtain further information regarding the Card or the products and services available for purchase with the Card by emailing firstname.lastname@example.org.
- Billing Errors and Corrections
We reserve the right to correct the balance of your Card if we believe that a clerical, accounting or billing error has occurred. If you have questions about your transaction history or any correction, or if you dispute any transaction or correction, please email email@example.com. We shall have no liability for any billing error unless you provide us notice within 60 days of the transaction in question.
- Laws of Ontario
The laws of Ontario, Canada, without regard to conflicts of laws principles, govern the Card and these T&Cs.
- Card Expiration and Fees
The Card does not have an expiration date and we do not assess any service fees for non-use.
You agree to use the Card only for legitimate purchases through the Website and not for any other purpose. You may not return merchandise or cancel services obtained with the Card for a cash refund. The Card is not returnable or exchangeable for cash, except where required by law.
- Supplemental Payment
If your desired purchase amount is greater than the available balance on the Card, supplemental payment may be made using any payment method accepted on our Website or in store. Except for accepted payments types, the Card will not be accepted in combination with any other forms of payment.
- Lost or Stolen Cards
Risk of loss and title to the Card passes to you upon delivery of the Card to you. Please safeguard the card securely as the Company will not provide a replacement card or refund for lost, stolen, or destroyed cards, or cards used without your permission.
- Using Multiple Cards
At this time, the Company will only accept one (1) Card per purchase.
- Misuse of the Card
If we suspect misuse of the Card or that it was obtained through fraudulent or unauthorized means, the Card may be suspended or terminated.
- Limitation of Liability
Painted Donkey Inc. makes no warranties, express or implied, with respect to the cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event the card is non-functional, your sole remedy, and our sole liability, shall be the replacement of the card, loaded with the last balance held on the card. In the event that Painted Donkey Inc. 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 the card. Certain 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. In such jurisdiction, our liability is limited to the greatest extent permitted by applicable law.
We may assign all or part of these T&Cs without such assignment being considered a change to the T&Cs, 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 these T&Cs.