Gift Cards Terms & Conditions
ONLINE eGIFT CARD TERMS & CONDITIONS
Full Terms and Conditions for The Spice & Tea Exchange eGift Gift Cards
As of May 22, 2025
Terms: These terms and conditions (“Terms”) govern your “The Spice & Tea Exchange” electronic issued gift card (“eGift Card”). Physical Gift Cards are subject to different terms and conditions which can be found below. The eGift Card is issued by The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® and is the sole card issuer and the sole obligor to the card owner. (“Card Issuer” or “we” or “us”). The Spice & Tea Exchange Physical Gift Cards (“Physical Gift Cards”) are issued by each Spice & Tea franchisee-owned location, who sells a Physical Gift Card to a card owner and are subject to separate terms and conditions which can be found below.
These Terms apply to the eGift Card and constitute a legally binding agreement (the “Agreement”) between Card Issuer and you as the cardholder (“you” or “your”). Your purchase, use or acceptance of the eGift Card constitutes your agreement to these Terms. Important: Please read this Agreement carefully. The Terms below include a limitation of liability clause, a change in terms provision, a binding arbitration clause, and a waiver of class action provision. If you do not agree with any of the Terms, do not purchase or accept an eGift Card.
eGift Card Issuer and Sole Obligor
The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® is the sole card issuer and sole obligor to the eGift Card cardholders. Each Spice & Tea franchisee-owned location, the obligor to you or to any eGift Card cardholder and holds no obligation to you or any cardholder for the eGift Card. Stated another way, your sole contracting party for the eGift Card is Card Issuer. You agree to the foregoing and acknowledge that it shall be treated, if and to the extent necessary, as a novation under which Card Issuer is the only obligor to you. Card Issuer may delegate its issuer obligations to an assignee, without recourse. If delegated, the assignee, and not Card Issuer, will be sole obligor to the card owner. In furtherance of the foregoing agreements, you hereby knowingly release each Spice & Tea franchisee-owned location and its affiliates from any and all claims that The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® is obligated to you for the eGift Card.
Purchasing eGift Cards
eGift Cards may be purchased only in the United States online at https://www.spiceandtea.com/. eGift Cards purchased in the United States will be denominated in U.S. dollars. Unless specified otherwise at purchase, an eGift Card may be purchased and loaded in the minimum amount of $10 up to maximum amount of $2000. No single individual may purchase eGift Cards with a total value of $10,000 in any given day. An eGift Card will not be valid unless and until it is properly acquired and activated. An eGift Card also will not be valid if obtained by you from unauthorized sellers or resellers including from Internet auction sites. Once purchased, the eGift Card is not reloadable.
Gift Card Purchase Warnings
Gift cards are popular consumer products. Unfortunately, they are targets for fraud and scams perpetrated by fraudsters and scammers designed to entice targets to buy a Gift Card. For more on fraud visit stopgiftcardscams.com. Be vigilant. Do not purchase a Gift Card unless you are purchasing it as a gift or for your personal use. Furthermore, if anyone insists you buy a Gift Card for use to make a payment or to pay a debt, then do not purchase the Gift Card. To the extent permitted by law, Card Issuer is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
Gift Card tampering is a major fraud scheme. Fraudsters remove a card from a sales rack, tamper with the packaging, steal one or more card number(s), and return the card to the rack. Then they wait until a purchaser buys the card. When it is activated upon sale, they deploy the stolen card numbers to use the card and drain its value resulting in the purchaser holding a valueless card. Be vigilant. When buying a card, examine the card and packaging. Do not purchase if any part of the card, its packaging or security features appear to be removed, ripped, damaged or otherwise tampered with. For information visit stopgiftcardscams.com.
About the eGift Card
Your eGift Card is a closed-loop instrument, which means it is only redeemable or usable for purchases made online at https://www.spiceandtea.com and at participating locations. Your eGift Card is a limited-value and limited-use card. It is not a debit or credit card, an asset account, a deposit account or linked to a deposit account. Your eGift Card is not a bank issued card. It is not subject to overdraft protection or depository insurance. It does not bear interest.
eGift Card Redemptions
Your eGift Card is usable up to its balance only to purchase goods and services merchandise online at https://www.spiceandtea.com and at participating locations. See also the Limitations on Use below. Your eGift Card is redeemable only up to the available balance of the eGift Card. If you want to use your eGift Card to make purchases in excess of the balance, you must combine use of the eGift Card with another acceptable form of payment. The eGift Card cannot be redeemed for cash except as required by law. All purchases made online at https://www.spiceandtea.com are subject to The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® standard terms and conditions which are separate from these Terms.
Limitations on Use
Your eGift Card is subject to limitations on use. Your eGift Card is not redeemable or usable (a) to purchase another Physical Gift Card or eGift Card, (b) to make payment towards previously purchased merchandise, (c) at merchants other than authorized and participating Spice & Tea locations or online at https://www.spiceandtea.com. Your eGift Card cannot be used in or in furtherance of an illegal transaction. Your eGift Card may not be refunded, returned, or redeemed for cash, except to the extent required by law. If cash redemption is required by law, then the cardholder agrees that the payment may be made by cash, check, or an electronic funds transfer.
Resale is Prohibited
You may not sell your eGift Card or otherwise barter or exchange the eGift Card for value. However, consistent with its intended purpose, you may give an eGift Card to another person for no monetary consideration as a gift.
No Expirations or Fees Against the Card Balance – Escheat
Your eGift Card does not expire. Your eGift Card is not subject to fees assessed against the balance of the eGift Card. However, your eGift Card may be subject to escheat to an appropriate state or territory if and as required by applicable unclaimed property laws. For information about escheat and unclaimed property, visit www.unclaimed.org. If escheat occurs, you may inquire about the status of your eGift Card funds by emailing weborders@spiceandtea.com or calling 727-291-0803.
Use of A Valid-Thru Date
The eGift Cards are not subject to a true expiration date. The eGift Cards may be subject to a “valid thru” date under which the eGift Card will become unusable for fraud prevention purposes, but the cardholder will be able to access the card value via customer service after the valid thru date. The valid thru date is the date through which your eGift Card may be used, which is three (3) years after the date of last cardholder activity, such as the activation date, making a balance inquiry, or partially redeeming a card, whichever activity is later. Even if the valid thru date has passed on the eGift Card, its available balance remains unchanged and intact. In order to keep making purchases with your available balance, after an eGift Card's valid thru date has passed, please contact us by emailing us at weborders@spiceandtea.com or calling customer service at 727-291-0803 or visit or contact the participating location where you purchased your eGift Card to obtain a free replacement eGift Card.
Risk of Loss, Damage, Theft or Unauthorized Use
Title to the eGift Card and risk of loss passes to the eGift Card purchaser at the time of purchase. Card Issuer shall not be responsible for eGift Cards that are lost, damaged, stolen, or used without authorization. Although it is not cash, you should protect your eGift Card like you do cash. Safeguard your eGift Card. You are responsible for the transactions using your eGift Card. You should treat your eGift Card like you treat cash. eGift Cards will not be replaced or replenished if lost, damaged, stolen, or used without authorization.
Fraud & Unauthorized Transactions
You are responsible for all transactions associated with your eGift Card, whether authorized or unauthorized. Consequently, you should safeguard your eGift Card and not disclose your eGift Card information. Card Issuer reserves the right to assert all available remedies or countermeasures in the event of suspected abuse or fraud regarding your eGift Card or in the event of a disputed credit or payment card charge or dishonored check at the time of card purchase. Such remedies shall include, without limitation, the blocking or freezing by the Card Issuer of an eGift Card from use or the refusal by the Card Issuer to issue or honor an eGift Card. Such remedies also shall include the right of The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® to void an eGift Card without any refund in the event an eGift Card is obtained by theft or fraud (including suspected theft or fraud).
Purchased Merchandise
Your use of your eGift Card to purchase merchandise at https://www.spiceandtea.com will be subject to separate terms and conditions that govern shopping and purchases at https://www.spiceandtea.com. Those terms and conditions are separate from these Terms and may be found at Conditions of Use | The Spice & Tea Exchange. Refunds, returns, or merchandise credits regarding purchased merchandise, if any, will be governed by the policies of The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® as the seller of the merchandise. Please refer to the policies of The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange®_for more information. The processes can be found at https://www.spiceandtea.com/pages/conditions.
Limitation of Liability
CARD ISSUER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GIFT CARD INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT CARD IS NON-FUNCTIONAL, DUE TO A SYSTEM ERROR, YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF THAT GIFT CARD. UNLESS PROHIBITED BY LAW, CARD ISSUER AND YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT ACTUAL DAMAGES. AND CARD ISSUER AND YOU WILL NOT SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. 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.
Mandatory and Binding Arbitration Agreement
This mandatory and binding agreement to arbitrate (the “Arbitration Agreement”) is part of the Terms governing your eGift Card. By accepting the Terms of the Agreement, you also are accepting and agreeing to the terms of this Arbitration Agreement. Please read these arbitration provisions carefully. They affect legal rights that you otherwise may have and require binding arbitration of claims instead of resolution in a court of law. With limited exceptions, this Arbitration Agreement requires Card Issuer and you to submit claims to binding and final arbitration on an individual basis. This means that, as described below, you will not be able to bring a case or lawsuit in a court of law before a judge or jury. Instead, you agree to submit such claims solely on your own individual behalf to a neutral arbitrator. To that end, Card Issuer and you agree as follows:
1. We Both Agree to Arbitrate: Card Issuer and you hereby agree to resolve any and all claims or disputes regarding, arising out of, or in any manner pertaining to the Card Issuer, the eGift Cards, and/or this Agreement (each a “Claim”) on an individual basis through final and binding arbitration in accordance with this Arbitration Agreement which arbitration shall be the exclusive way to resolve a Claim; provided, however, that you may bring any matter on an individual basis within the jurisdiction of a small claims court or similar small value claims court in which you seek less than the jurisdictional limit.
2. Applicability of Arbitration Agreement: This Arbitration Agreement applies to all Claims of any kind or nature including Claims arising by contract, tort, statute or otherwise regarding, arising out of, or in any matter pertaining to Card Issuer, the eGift Card, and/or this Agreement. Furthermore, this Arbitration Agreement applies to all Claims for legal relief (including damages, penalties, and interest) regarding, arising out of, or in any matter pertaining to Card Issuer, the eGift Card, and this Agreement. For the sake of clarity, it is agreed and understood that any claim for non-monetary relief (such as injunctive relief or specific performance) must be brought in a court of competent jurisdiction, which shall be the exclusive form for Claims seeking non-monetary relief.
3. What is Arbitration: Generally, arbitration is more informal and less expensive than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case is decided by a neutral arbitrator.
4. Informal Dispute Resolution: Before commencing arbitration, Card Issuer and you agree to try in good faith to resolve any dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to weborders@spiceandtea.com that includes (1) your name, phone number, username, and email address, and (2) a description of the dispute and how you would like it resolved. In turn, if Card Issuer has a dispute with you, Card Issuer will send a Notice of Dispute in accordance with the notice provisions of this Agreement. Once a complete Notice of Dispute has been received, Card Issuer shall have ninety (90) days to investigate the claims. If either side requests a settlement conference during this period, then Card Issuer and you must cooperate to schedule that meeting by phone or videoconference. Card Issuer and you each will personally participate, and each can bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the Claim specified in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) ninety (90) days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be commenced until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section on Informal Dispute Resolution.
5. Governing Law and Rules – One Arbitrator: This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) and shall be conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (the “Streamlined Rules”) as jurisdictionally applicable or the JAMS’s Comprehensive Arbitration Rules and Procedures if the Streamlined Rules are not jurisdictionally applicable. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website.
6. Location of Arbitration: The arbitration required by this Arbitration Agreement shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you) or at such other location as may be mutually agreed to by Card Issuer and you.
7. Scope of Arbitrator’s Authority: The single arbitrator will have exclusive authority to resolve any dispute relating to the Agreement; provided, however, that a claim or dispute regarding the following must be brought in a court of competent jurisdiction, which shall be the exclusive forum to resolve the claim or dispute: (a) a dispute over the validity of the Agreement and/or any provision therein including this Arbitration Agreement, (b) a claim or motion to enforce or compel arbitration pursuant to the FAA, (c) jurisdictional disputes regarding the Arbitration Agreement, and (d) arbitrability of a Claim under the Arbitration Agreement. The arbitrator shall apply applicable law consistent with the FAA and all applicable statutes of limitations and shall honor all claims of privilege recognized at law. The arbitrator shall have the authority to grant or deny requests for discovery after giving due regard to an intended purpose of arbitration being to limit costs. The arbitrator’s decision on the merits shall be based on and shall be limited by the Terms of the Agreement and applicable law. Without limiting the generality of the foregoing, the arbitrator will not have any authority to deviate from the Terms of the Agreement or from applicable substantive law, and the arbitrator will not have any authority to award indirect, consequential, special, multiple (double, treble, etc.) or punitive damages.
8. Exceptions to Arbitration: There are only three (3) exceptions to arbitration under this Arbitration Agreement: (a) an individual Claim brought in small claims court as described in Section 1, (b) an individual action brought in court to determine the enforceability of this Arbitration Agreement as described in Section 7, and (c) an individual action brought in court to determine the scope of the arbitrator’s authority as described in Section 7.
9. Individual Claims: Card Issuer and you agree to arbitrate any Claim only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other form of relief via or from a class action, representative case, consolidated action, or collective proceeding, whether in a court of law or arbitration proceeding. Without limiting the generality of the foregoing, this waiver applies in any action required to be resolved by a court in accordance with Section 1 (We Both Agree to Arbitrate), Section 2 (Applicability of Arbitration Agreement) and/or Section 7 (Scope of Arbitrator’s Authority) of this Arbitration Agreement. See Section on Waiver of Class Action.
10. Arbitration Fees: Payment of all filing, case-management, administrative, hearing, and arbitrator fees will be governed by the JAMS’s rules and fee schedules (“Arbitration Fees”).
11. Acknowledgement: THE PARTIES (CARD ISSUER AND YOU) HEREBY WAIVE THEIR CONSTITUTIONAL, STATUTORY AND COMMON LAW RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead, they have elected that all Claims be resolved on an individual basis by arbitration in accordance with this Arbitration Agreement.
Waiver of Class Action
In addition to the aforementioned Arbitration Agreement, Card Issuer and you further agree to pursue or arbitrate any Claim only on an individual basis and hereby waive any right to bring, participate in, demand money, or to assert any other form of relief via or from any class action or other form of representative action, consolidated case, or collective proceeding. In addition, no party may bring a Claim on behalf of any other individual, and no arbitrator hearing any Claim may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, consolidated, representative, or private attorney general proceeding. This means that you will not be able to bring a class action, collective case, or representative lawsuit in a court of law before a judge or jury or in the arbitration proceeding before an arbitrator. Without limiting the generality of the foregoing, this waiver applies in any action required to be resolved by a court in accordance with Section 2 (Applicability of Arbitration Agreement) and/or Section 7 (Scope of Arbitrator’s Authority) above.
Governing Law
Except as specified above in Section 5 of the Arbitration Agreement, the laws of the State of Florida in the United States of America, without regard to its principles of conflicts of law, shall govern this Agreement. For the sake of clarity, it is agreed and understood that the FAA controls the issues of arbitration and arbitrability without regard to Florida law on arbitration agreements.
Change in Terms
Card Issuer reserves the right to modify these Terms at any time in its discretion for the limited purposes (a) of making modifications, if any, regarding redemption limitations, (b) to define modifications in limitations of use, (c) to describe courses of action in the event the eGift Card program is terminated, (d) to clarify existing terms and conditions, (e) to address changes in information such as links, or (f) to implement other changes made in good faith provided that such other changes do not include (i) the addition of an expiration date, (ii) the application of new fees regarding the use or non-use of the eGift Cards, (iii) a change to the Arbitration Agreement, or (iv) a change to this Change in Terms clause. These changes will be made at www.spiceandtea.com. The most current version of these Terms will be available on that website reserved for such and will supersede all previous versions of these Terms, except as otherwise specified.
Survival of Terms
Should the Terms of this Agreement, or any part thereof, be determined by any court, tribunal, arbitrator, or agency to be unenforceable, void, or voidable, or should any court, tribunal, arbitrator, or agency refuse or decline to enforce these terms and conditions or any part thereof, the remainder of these terms and conditions and all parts of it shall remain in effect, valid, and enforceable.
eGift Card Program Termination
In the event the eGift Card program is terminated, instructions to Cardholders will be provided by notice given in accordance with this Agreement.
Cardholder Notices
Card Issuer does not maintain names or addresses of cardholders. Therefore, you agree that we may provide notice to you, including disclosures and amendments to this Agreement, by electronic means including notices posted at the Cardholder Notices page of https://www.spiceandtea.com.
Inquiries by Cardholders
For questions, you can contact us at weborders@spiceandtea.comor call customer service at 727-291-0803.
eGift Card Balance
You may inquire about the balance of your eGift Card by visiting
www.spiceandtea.com/tools/check-balance or emailing us at weborders@spiceandtea.com or calling customer service at 727-291-0803.
Where to Reach Card Issuer
Card Issuer is The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange®. You may contact 727-291-0803 or email weborders@spiceandtea.com to reach the Card Issuer.
Acknowledgment
YOU ACKNOWLEDGE THAT YOU UNDERSTAND THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THE AGREEMENT TO ARBITRATE.
IN-STORE PHSYCIAL eGIFT CARD TERMS & CONDITIONS
Full Terms and Conditions for The Spice & Tea Exchange Physical Gift Cards
As of May 22, 2025
Terms: These terms and conditions (“Terms”) govern your “The Spice & Tea Exchange” physical gift card (“Physical Gift Card”). eGift cards are subject to different terms and conditions which can be found at above The Physical Gift Card is issued by each Spice & Tea franchisee-owned location, who sells a Physical Gift Card to a card owner. Each Spice & Tea franchisee-owned location is the sole card issuer and the sole obligor to the card owner. (“Card Issuer” or “we” or “us”). The Spice & Tea Exchange digital or electronic gift cards (“eGift Card”) are issued by The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® and are subject to separate terms and conditions which can be found above.
These Terms apply to the Physical Gift Card and constitute a legally binding agreement (the “Agreement”) between Card Issuer and you as the cardholder (“you” or “your”). Your purchase, use or acceptance of the Physical Gift Card constitutes your agreement to these Terms. Important: Please read this Agreement carefully. The Terms below include a limitation of liability clause, a change in terms provision, a binding arbitration clause, and a waiver of class action provision. If you do not agree with any of the Terms, do not purchase or accept a Physical Gift Card.
Physical Gift Card Issuer and Sole Obligor
Each Spice & Tea franchisee-owned location, who sells a Physical Gift Card to a card owner is the sole card issuer and sole obligor to the cardholders. The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® is neither the Card Issuer nor the obligor to you or to any Physical Gift Card cardholder and holds no obligation to you or any cardholder for the Physical Gift Card. Stated another way, your sole contracting party for the Physical Gift Card is Card Issuer. You agree to the foregoing and acknowledge that it shall be treated, if and to the extent necessary, as a novation under which Card Issuer is the only obligor to you. Card Issuer may delegate its issuer obligations to an assignee, without recourse. If delegated, the assignee, and not Card Issuer, will be sole obligor to the card owner. In furtherance of the foregoing agreements, you hereby knowingly release The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® and its affiliates from any and all claims that The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® is obligated to you for the Physical Gift Card.
Purchasing Physical Gift Cards
Physical Gift Cards may be purchased only in the United States at authorized and participating Spice & Tea locations (each a “Purchase Site”). For a list of authorized and participating locations, visit https://www.spiceandtea.com/pages/find-store. Physical Gift Cards purchased in the United States will be denominated in U.S. dollars. Unless specified otherwise at purchase, a Physical Gift Card may be purchased and loaded in the minimum amount of $10 up to maximum amount of $2000. No single individual may purchase Physical Gift Cards with a total value of $10,000 in any given day. A Physical Gift Card will not be valid unless and until it is properly acquired and activated. A Physical Gift Card also will not be valid if obtained by you from unauthorized sellers or resellers including from Internet auction sites. Once purchased, the Physical Gift Card is able to be reloadable.
Gift Card Purchase Warnings
Gift cards are popular consumer products. Unfortunately, they are targets for fraud and scams perpetrated by fraudsters and scammers designed to entice targets to buy a Gift Card. For more on fraud visit stopgiftcardscams.com. Be vigilant. Do not purchase a Gift Card unless you are purchasing it as a gift or for your personal use. Furthermore, if anyone insists you buy a Gift Card for use to make a payment or to pay a debt, then do not purchase the Gift Card. To the extent permitted by law, Card Issuer is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
Gift Card tampering is a major fraud scheme. Fraudsters remove a card from a sales rack, tamper with the packaging, steal one or more card number(s), and return the card to the rack. Then they wait until a purchaser buys the card. When it is activated upon sale, they deploy the stolen card numbers to use the card and drain its value resulting in the purchaser holding a valueless card. Be vigilant. When buying a card, examine the card and packaging. Do not purchase if any part of the card, its packaging or security features appear to be removed, ripped, damaged or otherwise tampered with. For information visit stopgiftcardscams.com.
About the Physical Gift Card
Your Physical Gift Card is a closed-loop instrument, which means it is only redeemable or usable for purchases made online at https://www.spiceandtea.com and at participating locations. Your Physical Gift Card is a limited-value and limited-use card. It is not a debit or credit card, an asset account, a deposit account or linked to a deposit account. Your Physical Gift Card is not a bank issued card. It is not subject to overdraft protection or depository insurance. It does not bear interest.
Physical Gift Card Redemptions
Your Physical Gift Card is usable up to its balance only to purchase goods and services merchandise online at https://www.spiceandtea.com and at participating locations. If redeeming your Physical Gift Card online please call customer service at 727-291-0803 to complete your transaction. See also the Limitations on Use below. Your Physical Gift Card is redeemable only up to the available balance of the Physical Gift Card. If you want to use your Physical Gift Card to make purchases in excess of the balance, you must combine use of the Physical Gift Card with another acceptable form of payment. The Physical Gift Card cannot be redeemed for cash except as required by law. All purchases made online at https://www.spiceandtea.com are subject to The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® standard terms and conditions which are separate from these Terms.
Limitations on Use
Your Physical Gift Card is subject to limitations on use. Your Physical Gift Card is not redeemable or usable (a) to purchase another Physical Gift Card, (b) to make payment towards previously purchased merchandise, (c) at merchants other than authorized and participating Spice & Tea locations or online at https://www.spiceandtea.com. Your Physical Gift Card cannot be used in or in furtherance of an illegal transaction. Your Physical Gift Card may not be refunded, returned, or redeemed for cash, except to the extent required by law. If cash redemption is required by law, then the cardholder agrees that the payment may be made by cash, check, or an electronic funds transfer.
Resale is Prohibited
You may not sell your Physical Gift Card or otherwise barter or exchange the Physical Gift Card for value. However, consistent with its intended purpose, you may give a Physical Gift Card to another person for no monetary consideration as a gift.
No Expirations or Fees Against the Card Balance – Escheat
Your Physical Gift Card does not expire. Your Physical Gift Card is not subject to fees assessed against the balance of the Physical Gift Card. However, your Physical Gift Card may be subject to escheat to an appropriate state or territory if and as required by applicable unclaimed property laws. For information about escheat and unclaimed property, visit www.unclaimed.org. If escheat occurs, you may inquire about the status of your Physical Gift Card funds by emailing weborders@spiceandtea.com or calling 727-291-0803.
Use of A Valid-Thru Date
The Physical Gift Cards are not subject to a true expiration date. The Physical Gift Cards may be subject to a “valid thru” date under which the Physical Gift Card will become unusable for fraud prevention purposes, but the cardholder will be able to access the card value via customer service after the valid thru date. The valid thru date is the date through which your Physical Gift Card may be used, which is three (3) years after the date of last cardholder activity, such as the activation date, making a balance inquiry, reloading a card or partially redeeming a card, whichever activity is later. Even if the valid thru date has passed on the Physical Gift Card, its available balance remains unchanged and intact. In order to keep making purchases with your available balance, after a Physical Gift Card's valid thru date has passed, please contact us by emailing us at weborders@spiceandtea.com or calling customer service at 727-291-0803 or visit or contact the participating location where you purchased your Physical Gift Card to obtain a free replacement Physical Gift Card.
Risk of Loss, Damage, Theft or Unauthorized Use
Title to the Physical Gift Card and risk of loss passes to the Physical Gift Card purchaser at the time of purchase. Card Issuer shall not be responsible for Physical Gift Cards that are lost, damaged, stolen, destroyed or used without authorization. Although it is not cash, you should protect your Physical Gift Card like you do cash. Safeguard your Physical Gift Card. You are responsible for the transactions using your Physical Gift Card. You should treat your Physical Gift Card like you treat cash. Physical Gift Cards will not be replaced or replenished if lost, damaged, stolen, destroyed or used without authorization.
Fraud & Unauthorized Transactions
You are responsible for all transactions associated with your Physical Gift Card, whether authorized or unauthorized. Consequently, you should safeguard your Physical Gift Card and not disclose your Physical Gift Card information. Card Issuer reserves the right to assert all available remedies or countermeasures in the event of suspected abuse or fraud regarding your Physical Gift Card or in the event of a disputed credit or payment card charge or dishonored check at the time of card purchase. Such remedies shall include, without limitation, the blocking or freezing by the Card Issuer of a Physical Gift Card from use or the refusal by the Card Issuer to issue or honor a Physical Gift Card. Such remedies also shall include the right of The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® to void a Physical Gift Card without any refund in the event a Physical Gift Card is obtained by theft or fraud (including suspected theft or fraud).
Purchased Merchandise
Your use of your Physical Gift Card to purchase merchandise at https://www.spiceandtea.com will be subject to separate terms and conditions that govern shopping and purchases at https://www.spiceandtea.com. Those terms and conditions are separate from these Terms and may be found at Conditions of Use | The Spice & Tea Exchange. Refunds, returns, or merchandise credits regarding purchased merchandise, if any, will be governed by the policies of The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange® as the seller of the merchandise. Please refer to the policies of The Spice & Tea Exchange Distribution, LLC d/b/a The Spice & Tea Exchange®_for more information. The processes can be found at https://www.spiceandtea.com/pages/conditions.
Limitation of Liability
CARD ISSUER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GIFT CARD INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT CARD IS NON-FUNCTIONAL, DUE TO A SYSTEM ERROR, YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF THAT GIFT CARD. UNLESS PROHIBITED BY LAW, CARD ISSUER AND YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT ACTUAL DAMAGES. AND CARD ISSUER AND YOU WILL NOT SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. 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.
Mandatory and Binding Arbitration Agreement
This mandatory and binding agreement to arbitrate (the “Arbitration Agreement”) is part of the Terms governing your Physical Gift Card. By accepting the Terms of the Agreement, you also are accepting and agreeing to the terms of this Arbitration Agreement. Please read these arbitration provisions carefully. They affect legal rights that you otherwise may have and require binding arbitration of claims instead of resolution in a court of law. With limited exceptions, this Arbitration Agreement requires Card Issuer and you to submit claims to binding and final arbitration on an individual basis. This means that, as described below, you will not be able to bring a case or lawsuit in a court of law before a judge or jury. Instead, you agree to submit such claims solely on your own individual behalf to a neutral arbitrator. To that end, Card Issuer and you agree as follows:
1. We Both Agree to Arbitrate: Card Issuer and you hereby agree to resolve any and all claims or disputes regarding, arising out of, or in any manner pertaining to the Card Issuer, the Physical Gift Cards, and/or this Agreement (each a “Claim”) on an individual basis through final and binding arbitration in accordance with this Arbitration Agreement which arbitration shall be the exclusive way to resolve a Claim; provided, however, that you may bring any matter on an individual basis within the jurisdiction of a small claims court or similar small value claims court in which you seek less than the jurisdictional limit.
2. Applicability of Arbitration Agreement: This Arbitration Agreement applies to all Claims of any kind or nature including Claims arising by contract, tort, statute or otherwise regarding, arising out of, or in any matter pertaining to Card Issuer, the Physical Gift Card, and/or this Agreement. Furthermore, this Arbitration Agreement applies to all Claims for legal relief (including damages, penalties, and interest) regarding, arising out of, or in any matter pertaining to Card Issuer, the Physical Gift Card, and this Agreement. For the sake of clarity, it is agreed and understood that any claim for non-monetary relief (such as injunctive relief or specific performance) must be brought in a court of competent jurisdiction, which shall be the exclusive form for Claims seeking non-monetary relief.
3. What is Arbitration: Generally, arbitration is more informal and less expensive than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case is decided by a neutral arbitrator.
4. Informal Dispute Resolution: Before commencing arbitration, Card Issuer and you agree to try in good faith to resolve any dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to weborders@spiceandtea.com that includes (1) your name, phone number, username, and email address, and (2) a description of the dispute and how you would like it resolved. In turn, if Card Issuer has a dispute with you, Card Issuer will send a Notice of Dispute in accordance with the notice provisions of this Agreement. Once a complete Notice of Dispute has been received, Card Issuer shall have ninety (90) days to investigate the claims. If either side requests a settlement conference during this period, then Card Issuer and you must cooperate to schedule that meeting by phone or videoconference. Card Issuer and you each will personally participate, and each can bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the Claim specified in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) ninety (90) days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be commenced until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section on Informal Dispute Resolution.
5. Governing Law and Rules – One Arbitrator: This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) and shall be conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (the “Streamlined Rules”) as jurisdictionally applicable or the JAMS’s Comprehensive Arbitration Rules and Procedures if the Streamlined Rules are not jurisdictionally applicable. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website.
6. Location of Arbitration: The arbitration required by this Arbitration Agreement shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you) or at such other location as may be mutually agreed to by Card Issuer and you.
7. Scope of Arbitrator’s Authority: The single arbitrator will have exclusive authority to resolve any dispute relating to the Agreement; provided, however, that a claim or dispute regarding the following must be brought in a court of competent jurisdiction, which shall be the exclusive forum to resolve the claim or dispute: (a) a dispute over the validity of the Agreement and/or any provision therein including this Arbitration Agreement, (b) a claim or motion to enforce or compel arbitration pursuant to the FAA, (c) jurisdictional disputes regarding the Arbitration Agreement, and (d) arbitrability of a Claim under the Arbitration Agreement. The arbitrator shall apply applicable law consistent with the FAA and all applicable statutes of limitations and shall honor all claims of privilege recognized at law. The arbitrator shall have the authority to grant or deny requests for discovery after giving due regard to an intended purpose of arbitration being to limit costs. The arbitrator’s decision on the merits shall be based on and shall be limited by the Terms of the Agreement and applicable law. Without limiting the generality of the foregoing, the arbitrator will not have any authority to deviate from the Terms of the Agreement or from applicable substantive law, and the arbitrator will not have any authority to award indirect, consequential, special, multiple (double, treble, etc.) or punitive damages.
8. Exceptions to Arbitration: There are only three (3) exceptions to arbitration under this Arbitration Agreement: (a) an individual Claim brought in small claims court as described in Section 1, (b) an individual action brought in court to determine the enforceability of this Arbitration Agreement as described in Section 7, and (c) an individual action brought in court to determine the scope of the arbitrator’s authority as described in Section 7.
9. Individual Claims: Card Issuer and you agree to arbitrate any Claim only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other form of relief via or from a class action, representative case, consolidated action, or collective proceeding, whether in a court of law or arbitration proceeding. Without limiting the generality of the foregoing, this waiver applies in any action required to be resolved by a court in accordance with Section 1 (We Both Agree to Arbitrate), Section 2 (Applicability of Arbitration Agreement) and/or Section 7 (Scope of Arbitrator’s Authority) of this Arbitration Agreement. See Section on Waiver of Class Action.
10. Arbitration Fees: Payment of all filing, case-management, administrative, hearing, and arbitrator fees will be governed by the JAMS’s rules and fee schedules (“Arbitration Fees”).
11. Acknowledgement: THE PARTIES (CARD ISSUER AND YOU) HEREBY WAIVE THEIR CONSTITUTIONAL, STATUTORY AND COMMON LAW RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead, they have elected that all Claims be resolved on an individual basis by arbitration in accordance with this Arbitration Agreement.
Waiver of Class Action
In addition to the aforementioned Arbitration Agreement, Card Issuer and you further agree to pursue or arbitrate any Claim only on an individual basis and hereby waive any right to bring, participate in, demand money, or to assert any other form of relief via or from any class action or other form of representative action, consolidated case, or collective proceeding. In addition, no party may bring a Claim on behalf of any other individual, and no arbitrator hearing any Claim may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, consolidated, representative, or private attorney general proceeding. This means that you will not be able to bring a class action, collective case, or representative lawsuit in a court of law before a judge or jury or in the arbitration proceeding before an arbitrator. Without limiting the generality of the foregoing, this waiver applies in any action required to be resolved by a court in accordance with Section 2 (Applicability of Arbitration Agreement) and/or Section 7 (Scope of Arbitrator’s Authority) above.
Governing Law
Except as specified above in Section 5 of the Arbitration Agreement, the laws of the State of Florida in the United States of America, without regard to its principles of conflicts of law, shall govern this Agreement. For the sake of clarity, it is agreed and understood that the FAA controls the issues of arbitration and arbitrability without regard to Florida law on arbitration agreements.
Change in Terms
Card Issuer reserves the right to modify these Terms at any time in its discretion for the limited purposes (a) of making modifications, if any, regarding redemption limitations, (b) to define modifications in limitations of use, (c) to describe courses of action in the event the Physical Gift Card program is terminated, (d) to clarify existing terms and conditions, (e) to address changes in information such as links, or (f) to implement other changes made in good faith provided that such other changes do not include (i) the addition of an expiration date, (ii) the application of new fees regarding the use or non-use of the Physical Gift Cards, (iii) a change to the Arbitration Agreement, or (iv) a change to this Change in Terms clause. These changes will be made at https://www.spiceandtea.com. The most current version of these Terms will be available on that website reserved for such and will supersede all previous versions of these Terms, except as otherwise specified.
Survival of Terms
Should the Terms of this Agreement, or any part thereof, be determined by any court, tribunal, arbitrator, or agency to be unenforceable, void, or voidable, or should any court, tribunal, arbitrator, or agency refuse or decline to enforce these terms and conditions or any part thereof, the remainder of these terms and conditions and all parts of it shall remain in effect, valid, and enforceable.
Physical Gift Card Program Termination
In the event the Physical Gift Card program is terminated, instructions to Cardholders will be provided by notice given in accordance with this Agreement.
Cardholder Notices
Card Issuer does not maintain names or addresses of cardholders. Therefore, you agree that we may provide notice to you, including disclosures and amendments to this Agreement, by electronic means including notices posted at the Cardholder Notices page of https://www.spiceandtea.com.
Inquiries by Cardholders
For questions, you can contact us at weborders@spiceandtea.comor call customer service at 727-291-0803 or visit or contact the location where you purchased your Physical Gift Card.
Physical Gift Card Balance
You may inquire about the balance of your Physical Gift Card by emailing us at weborders@spiceandtea.com or calling customer service at 727-291-0803 or visit or contact the participating location where you purchased your Physical Gift Card.
Where to Reach Card Issuer
Card Issuer is the Spice & Tea franchisee-owned location, where you purchased your Physical Gift Card. You may contact that location to reach the Card Issuer. If you are unsure of where the Physical Gift Card was purchased, contact 727-291-0803 or email weborders@spiceandtea.com for assistance.
Acknowledgment
YOU ACKNOWLEDGE THAT YOU UNDERSTAND THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THE AGREEMENT TO ARBITRATE.