Paint and Sip Augusta Gift Card Terms of Agreement

The following Terms of Service are the terms and conditions that apply to Paint and Sip Augusta Gift Cards, Class Reservations, or Private Party fees and deposits. By using our site, you agree to the terms of this agreement which may be viewed at www.paintandsipaugusta.com/giftcardterms. Please keep a copy of the terms of agreement for your records.

The Paint and Sip Augusta Gift Card is issued to you by Paint and Sip Augusta. It allows you to load a dollar value onto a Paint and Sip Augusta Gift Card for future purchases at www.paintandsipaugusta.com. The dollar value that you load onto your Paint and Sip Augusta Gift Card is a prepayment only for the goods and services of Paint and Sip Augusta. No credit card, credit line, overdraft protection or deposit account is associated with a Paint and Sip Augusta Gift Card.  Unless otherwise required by law or permitted by this agreement, any amount on your Paint and Sip Augusta Gift Card is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a Paint and Sip Augusta Gift Card will accrue or be paid or credited to you by Paint and Sip Augusta. The value associated with the Paint and Sip Augusta Gift Card is not insured by the Federal Deposit Insurance Corporation (FDIC).

The Paint and Sip Augusta Gift Card is accepted for Paint and Sip Augusta paint classes, paint parties, and home paint kits. We reserve the right not to accept any Paint and Sip Augusta Gift Card or otherwise limit use of a Paint and Sip Augusta Gift Card if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.

Each Gift Card has a unique Paint and Sip Augusta Gift Card order number and only one gift Card account associated with it, no matter how many times the confirmation email or receipt is printed out.

 

Fees and Expiration of Gift Card Balance

Paint and Sip Augusta does not charge any fees for the issuance, activation, or use of your Paint and Sip Augusta Gift Card. Your Paint and Sip Augusta Gift Card may have a list expiration date.

 

Receipts and Statements

Gift Card holders are not sent statements of itemized transactions from a Paint and Sip Augusta Gift Card. You can check the balance of your Paint and Sip Augusta Gift Card or review recent transactions on your Paint and Sip Augusta Gift Card by sending an email to info@paintandsipaugusta.com . You will need to have your Paint and Sip Augusta Gift Card number available to obtain Gift Card balance information.

 

Billing Errors, Corrections

We reserve the right to correct the balance of your Paint and Sip Augusta 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 Paint and Sip Augusta Gift Card, please send an email to info@paintandsipaugusta.com. We will investigate 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 Paint and Sip Augusta Gift Card balance closely.

 

Registration, Liability for Unauthorized Transactions

Because your Paint and Sip Augusta Gift Card is used like cash for purchases from Paint and Sip Augusta, you are responsible for all transactions associated with your Paint and Sip Augusta Gift Card, including unauthorized transactions. However, if your Paint and Sip Augusta Gift Card is lost, stolen, or destroyed, the Card can be replaced with the balance remaining on it at the time of your email notification to Paint and Sip Augusta.

 

If your Paint and Sip Augusta Gift Card becomes lost, stolen, or damaged, you should contact us immediately by sending an email to info@paintandsipaugusta.com. Your Paint and Sip Augusta Gift Card balance is only protected from the point in time you notify us that your Paint and Sip Augusta Gift Card is missing. We will freeze the remaining balance on your Paint and Sip Augusta Gift Card at the time you notify us and will load that remaining balance on a replacement Paint and Sip Augusta Gift Card.

 

Privacy Statement

For information concerning how we collect, use, and disclose information concerning the Paint and Sip Augusta Gift Card and how to select privacy preferences regarding certain promotional communications, you should refer to our privacy statement or send an email to info@paintandsipaugusta.com 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 Paint and Sip Augusta Gift Card. 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 Paint and Sip Augusta Gift Card after such notice period. If you do not accept the changes, additions, or deletions, your Paint and Sip Augusta Gift Card will be cancelled and any amounts remaining on your Paint and Sip Augusta Gift Card 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 Paint and Sip Augusta Gift Card. If we terminate this agreement without cause, we will refund or issue class credits equal to the balance held in your Paint and Sip Augusta Gift Card 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 Paint and Sip Augusta Gift Card 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 Augusta, Georgia, 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 –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.

 

Disclaimers and Limits of Liability

Paint and Sip Augusta and its affiliates make no representations, warranties, or conditions of any kind, express or implied, with respect to the Paint and Sip Augusta 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. Paint and Sip Augusta does not represent or warrant that your Paint and Sip Augusta Gift Cards will always be accessible or accepted.

In the event that Paint and Sip Augusta 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 Paint and Sip Augusta Gift Card. Paint and Sip Augusta 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 Paint and Sip Augusta or its affiliates have any liability for unauthorized access to a Paint and Sip Augusta Gift Card, or alteration, theft, or destruction of a Paint and Sip Augusta 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 Paint and Sip Augusta 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 Paint and Sip Augusta Gift Card, email us at info@paintandsipaugusta.com.

 

Private Party Fees

The Paint party fee is required to reserve a Paint Party. A minimum number of painters may be required to reserve a Paint Party. Paint Party fees are non-refundable in the event of cancellation or rescheduling. If you have any questions about the Paint and Sip Augusta’s Paint Party Fee policy, please reach out to the Paint and Sip Augusta at info@paintandsipaugusta.com