Customer Rewards Program:
Terms and Conditions of Use
Effective Date: April 6, 2016
These Terms and Conditions of Use apply to your access to, and participation in, the Gourmet Food Store Customer Rewards Program (“Rewards Program") which is operated by Gourmet Food Store, LLC. Gourmet Food Store reserves the right to change, modify and/or eliminate the Gourmet Food Store Customer Rewards Program and/or all or any portion of these Terms and Conditions of Use or any policy, FAQ, or guideline pertaining to the Rewards Program at any time, in its sole discretion and without advance notice. Any changes or modifications will be effective immediately upon posting the revisions to www.gourmetfoodstore.com, and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the Rewards Program confirms your acceptance of these Terms and Conditions of Use and any such changes or modifications; therefore, you should review these Terms and Conditions of Use and applicable policies and FAQs frequently to understand the terms and conditions that apply to the Rewards Program. If you do not agree to the Terms and Conditions of Use, you must stop participating in the Rewards Program.
The Rewards Program is intended for personal use only. Commercial use is prohibited. This program is not targeted towards, nor intended for use by anyone under the age of 18. If you are under the age of 18, you may only use the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions of Use.
JOINING THE REWARDS PROGRAM
To enroll in the Rewards Program and begin accumulating points register online at GourmetFoodStore.com. The registration process requires that you provide the following information: username, password, and email address (required in order to receive all eligible Rewards), fist name, last name, and a phone number.
The benefits that are available to you through the Rewards Program are based on the number of “Points" that you earn. Reward Program points can only be earned for rewarded actions once the Reward Program began on April 6, 2016.
Earning Points on Purchases
You can earn Points by making purchases at GourmetFoodStore.com. You will earn Points for every dollar spent on products you purchase, excluding shipping and handling fees, at the rate of one (1) Point for each One Dollar ($1.00) you spend. Some exclusions apply. For example, you cannot earn Points on shipping and handling fees. Points are awarded in whole amounts, rounded down to the nearest dollar. Spending $1.01 earns you one (1) Point. Spending $1.99 earns you one (1) Point. Points may not be earned and awarded in fractional amounts.
Earning Points for Completing a Product Review
You may also earn points by posting product reviews at GourmetFoodStore.com on any item you have purchased. Each review will accrue 25 Points. You may not earn points for more than 5 product reviews per month. Complete the product review by going to the My Account page, and under the ORDER HISTORY section which lists your previous orders, click the Review Your Order link. Here you can review products taht you have purchased that will be counted towards your Reward Points total.
Earning Points by Joining Gourmet Club
You may earn points for joining Gourmet Food Store’s Gourmet Club. Joining will accrue 50 Points, one time only.
Earning Points Through Social Media Activities
Your may earn 50 Reward Points each, one time only per social media account, for liking Gourmet Food Store’s Facebook page, or by following our page on Twitter or Pinterest. To accrue points, you must click on the Facebook Like, Pinterest Follow, or Twitter Follow link on the left hand navigation of the website, or on the links found on the My Account page next to you Customer Reward Program Points box.
You may earn 25 Reward Points for making any Facebook share, Pinterest Pin, Twitter Tweet for any page on our website or about an order you just placed by by clicking on the respective icon you see on the right hand side of the site in the "Share and Earn Reward Points" widget. Points are accrued individually for Facebook, Pinterest and Twitter and can be earned individually for one (1) post within a seven (7) day period. You can earn additional points by posting something new after the seven (7) day period has passed.
Generally, Reward Points may take about 5 minutes to show for actions such as sending a tweet, pinning an image on Pinterest, or sharing on Facebook.
You can view and track your Reward Points balance and available Reward Certificate balance on the My Account page.
REWARD POINT AND REWARD CERTIFICATE REDEMPTION RULES
Reward Point and Reward Certificate accumulation, conversion and usage rules are as follows:
- Fractional points will be rounded down. Ex: 1 point per dollar, order value $100.10, points earned: 100. Ex: 1 point per dollar, order value $100.90, points earned: 100
- Purchases paid for with gift certificates will not accrue Reward Points.
- Reward Certificates are only issued in $5 increments. You can convert every 200 Reward Points into a $5 Reward Certificate when you place an order at the Payment Page during checkout.
- Reward certificates can not be applied to orders that have already been placed. Reward certificates can only be applied when you are checking out on the Payment Page.
- There is no limit on how many Reward Points or Reward Certificates may be accrued.
- Reward Certificate amounts cannot be applied in partial amounts or in amounts greater than the order total. Ex. $20 worth of reward certificates cannot be applied on an $18 order. In this scenario you would only be able to apply $15 worth of reward certificates.
- There are no membership fees associated with Gourmet Food Store Rewards.
- Points accumulated under the program are promotional and have no cash value.
- Reward points can not be transferred to another account
- Your Customer Rewards Program account is personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Gourmet Food Store Rewards account that is personal to you.
- Without notice to you, Gourmet Food Store reserves the right to suspend and/or terminate your account and/or your participation in Gourmet Food Store Rewards if Gourmet Food Store determines in its sole discretion that you have violated these Terms and Conditions of Use, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Gourmet Food Store may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Gourmet Food Store Rewards is terminated, then all accumulated Reward Points and Reward Certificates in your account are void.
- Gourmet Food Store reserves the right to terminate, discontinue or cancel the Gourmet Food Store Rewards program at any time and in its sole discretion without notice to you.
PLEASE READ THIS CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION 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.
Election for 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 Gourmet Food Store (or against any of parent or affiliate companies) arising out of or relating to this Agreement or your use of the Customer Rewards Program (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) 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.
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 Palm Beach County, Florida 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, than 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. 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 – Florida
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
Gourmet Food Store makes no representations, warranties or conditions of any kind, express or implied, with respect to the Customer Rewards Program, 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. Gourmet Food Store does not represent or warrant that your Customer Reward Points will always be accessible or accepted.
In the event that Gourmet Food Store is found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last Reward Points converted Reward Certificate balance on your account, calculated as a $5 Reward Certificate for every 200 Reward Points. Gourmet Food Store 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 Gourmet Food Store or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Customer Rewards Program account 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.
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.
This agreement is the complete and exclusive statement of agreement between you and Gourmet Food Store, 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.