Gift Card Policy

Terms and Conditions

This following are the Terms and Conditions of the physical gift cards and electronic gift cards (each, a “Gift Card”) distributed by Zoe’s Kitchen, Inc. and its affiliates (collectively, “Zoës Kitchen”). Please read these Terms and Conditions carefully and keep it for your records as binding contractual terms between you and Zoës Kitchen. By purchasing, accepting or using a Gift Card, you agree to be bound by these Terms and Conditions as well as the other binding Terms of Use and Privacy Policy referenced on www.zoeskitchen.com (collectively, the “Agreement”).

Card Issuer

Each Gift Card in the Zoës Kitchen Gift Card program is issued by CARDCO CCCIX, Inc. or its affiliate ("CARDCO" or “Card Issuer”). Gift Cards are distributed and/or sold by Zoës Kitchen in accordance with an agreement reached between CARDCO and Zoës Kitchen. As the Card Issuer, CARDCO is the sole obligor with respect to any issuance of the Gift Cards and Zoës Kitchen shall have no liability with respect to any card issuance matters. To contact CARDCO directly, please call (913)871-7436 or email at CustomerService@cardcompliant.com.

Gift Cards are redeemable by card owners for goods and services (but not for additional Gift Cards) at participating and authorized Zoës Kitchen locations. For information on Zoës Kitchen and its locations, visit www.zoeskitchen.com. Remember that the initial available balance on your Gift Card will be an amount set at the time of activation and/or purchase. Thereafter, the available balance will be reduced by each authorized use of the card or as otherwise provided in these terms and conditions, subject to any applicable state law. If you use your Gift Card, the remaining balance will not be paid in cash to you. You will be able to use the remaining balance on the Gift Card to purchase other goods and services. Any purchase amount greater than the available balance of your Gift Card must be paid with an alternative method of payment (for example, through use of a credit card). Gift Cards do not permit any type of cash transactions, have no value until purchased and activated, and are not transferable, returnable or refundable for cash, except in states where such refunds are required by law. Gift Cards have no expiration date or dormancy fees. Resale of Zoës Kitchen Gift Cards is strictly prohibited without Zoës Kitchen’s written consent. CARDCO and Zoës Kitchen expressly reserve the right to refuse to honor any Gift Card or offer a Gift Card for sale where it is reasonable to suspect fraud in connection therewith. For more information about your Zoës Kitchen Gift Card, including tips on use, visit zoes.cardcompliant.com.

Maximum Card Value

The maximum value that may be associated with any one Gift Card is five hundred dollars ($500.00) and total purchases of Gift Cards for any one individual may not exceed two thousand dollars without our prior consent ($2,000.00). Orders over $150 shall only be distributed to the purchasing card billing address.

Purchases Final

All Gift Card sales are final and no refunds will be issued. Please review your order carefully before submitting. Ownership and risk of loss of Gift Cards passes to the purchaser as soon as we send confirmation of order. Neither Cardco nor Zoës Kitchen is responsible for Gift Cards that are not deliverable due to a failure to enter accurate recipient addresses. Online purchases will be subject to the shipping costs which are listed on the Gift Card order screens at the time of order. If your Gift Card or Gift Card carrier design choice or is unavailable, an available design will be substituted.

View Your Balance

It is important that you track the amount remaining on your Gift Card. You can check your balance online at www.zoeskitchen.com/gift-cards/balance or by phone provided on the Contact Us page of our website. To view your Gift Card balance online follow the instructions on the screen. You will need your Gift Card number, and in some cases, the pin or access number to check the balance on your Gift Card. When checking Gift Card balances, recognize that current balances are an estimate only. In most cases, the balance is adjusted when you make a purchase online or at a restaurant, but there may be occasions when the updated balance is delayed for a period of time. Remember that your Gift Card is a reloadable card. As a result, after your Gift Card is purchased, you can add or load additional value to the Gift Card up to two hundred dollars ($200.00).

Lost, Stolen or Damaged Gift Cards

Gift Cards have value and should be safeguarded accordingly. Zoës Kitchen is not responsible for (1) lost, stolen, altered, defaced or damaged Gift Cards (and you bear the sole risk in such circumstances); (2) use of any Gift Cards by third parties; or (3) Gift Cards that are not deliverable due to a failure to enter accurate addresses for the recipient.

You may protect the balance on your Gift Card by registering it at www.zoeskitchen.com. Except in certain circumstances, if your card is lost or stolen, Zoës Kitchen will replace the remaining registered Gift Card balance only, determined at the time of our acknowledgement of your notification. Visit our website or email , guestexperience@zoeskitchen.com to report the loss of a registered Gift Card.

If your Gift Card is not registered, replacement will only be made if you provide adequate proof of purchase, the Gift Card number, and your full identification including relevant information regarding the purchase of the Gift Card.

Subject to acceptable proof of ownership (or registration), Zoës Kitchen will make reasonable efforts to disable a lost or stolen Gift Card from further use. If you are unable to provide us with the Gift Card number or other relevant information, then we will be unable to lock the Gift Card.

You may request a replacement Gift Card for a lost, stolen or damaged Gift Card. A replacement Gift Card will not be issued unless you present adequate proof of purchase, the Gift Card number, the damaged Gift Card (in the case of a damaged Gift Card) and your verifiable identification. Requests to replace a Gift Card may be denied in the event we suspect fraudulent or unlawful activity or improper use.

If the replacement is approved, a new Gift Card will be issued and activated in the amount remaining on the Gift Card, if any, at the time of our acknowledgement of your notification. Replacements may take up to 15 days to process. You may be charged a replacement Gift Card fee of up to $5.00 and you will be charged for shipping charges.

Unclaimed Property

If you have not used your Gift Card within a time period set by state law, the unused Gift Card balance may be come subject to escheat under various state unclaimed property statutes. These time periods set by state law usually are two, three or five-year periods. If the remaining Gift Card balance becomes unclaimed property subject to a state unclaimed property law, CARDCO (and not Zoës Kitchen) may be required to escheat the Gift Card balance to a state in an amount and at the time required by state law. At that time, you may lose the ability to use your Gift Card. If this occurs with respect to your Gift Card, you may inquire about the status of your Gift Card by contacting CARDCO. For information about escheat and unclaimed property, visit www.naupa.org.

Accurate Information

Please check to make sure the email address or delivery address of the recipient is correct and contact Guest Experience if you suspect the recipient did not receive their 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 address. If we are unable to contact you within five (5) days, your order will be canceled.

Delivery Information

Gift Cards may not be shipped internationally. When ordering online, you will need to log on from an IP address in the United States and use a credit card issued in the United States. You must comply with the shipping requirements imposed by our carriers (i.e., no P.O Boxes, signature required for delivery, etc.). Not all shipping options may be available for all addresses. Actual delivery time will vary based on when the order was shipped and the shipping method used.

Requirements for Gift Card Purchasers

Your billing address must match the address your credit card statement is mailed to. Limits may be placed on the number of cards ordered in a 24‐hour period. Orders of Gift Cards are subject to a process that compares purchaser information with information about the purchaser provided by the purchaser's financial institution. A purchase may be declined for one of the following reasons: (1) Your billing address does not match the address listed as the billing address for your credit card; or (2) You have exceeded a dollar purchase limit or defined number of cards within a seven (7) day period, or (3) other credit card related reasons for transaction declines such as a invalid or cancelled credit card.

Reasons for Failed Delivery of Electronic Gift Cards

If you have confirmed the recipient's address but the Gift Card has not been received within a reasonable period of time after the requested delivery date, the following is a list of the most common reasons why delivery may have failed: (1) Firewall or Spam filter blocked email or routed it to a bulk/spam folder; (2) Email inbox is over size limit or (3) Invalid email address. If a filter is blocking noreply@zoeskitchen.com emails from getting to an inbox, the email options of such filter will need to be modified so that emails from noreply@zoeskitchen.com are not considered spam.

Payment Methods

Zoës Kitchen Gift Cards may be paid for with a valid VISA, MasterCard or American Express. Approved business customers may pay by check, but no order will be shipped until funds clear.

Personalized Messaging

If you wish to add a personal message to a personalized Gift Card, simply type your message in the message field on the Gift Card preview screen. Personal messages are limited in length to the space provided on the Gift Card. There is no additional charge to include a personalized message. We don't read every gift message, but if we do find inappropriate, offensive or otherwise objectionable messages, we reserve the right to cancel the order.

Limitation of Liability; Sole Remedy

To the fullest extent permitted by applicable law, Zoës Kitchen disclaims all warranties of any kind, express, implied, or statutory, with respect to the Zoës Kitchen GIFT CARD program (including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of any course of dealing, usage or trade). To the fullest extent permitted by applicable law, Zoës Kitchen will not be liable for any indirect, special, incidental, punitive, or consequential damages or losses (including for the indirect loss of profit, revenue or data) arising out of or in connection with the Zoës Kitchen GIFT CARD program, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advise of the possibility of such damages or losses. 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 ARE ENTITLED TO ANY APPLICABLE RIGHTS UNDER STATE LAW. IF A GIFT CARD NUMBER IS NON‐FUNCTIONAL OR YOU HAVE ANY OTHER CLAIM APPLICABLE YOUR GIFT CARD, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT VALUE OF THE UNUSED PORTION OF SUCH GIFT CARD.

Zoës Kitchen Gift Card Guest Experience

If you need assistance with any aspect of your Gift Card, please contact Guest Experience by emailing guestexperience@zoeskitchen.com or calling (469) 466-4319. Please have your Gift Card number, email address and other information ready to provide to us.

Amendment

Zoës Kitchen reserves the right to add, remove, or change any of these terms, policies, FAQs, guidelines or other terms pertaining to the Zoës Kitchen Gift Cards at any time. If any term changes, then we will let you know by posting an update. Any modifications will be effective immediately upon posting the revision and you waive any right to receive special notice of such change. By continuing to use your Gift Card, you agree to any revised terms or policies posted by us.

Governing Law; Severability

This Agreement and its performance shall be governed by the laws and regulations of the United States and, to the extent not governed by federal laws and regulations, by the laws and regulations of the State of Texas notwithstanding any choice of law principles. If any term of this Agreement is found by a court to be unenforceable or illegal, all other terms and conditions shall remain in effect.

Dispute Resolution

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT OR THE PURCHASE OR USE OF THE CARDS SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT. TO THE EXTENT APPLICALBLE, THE ARBITRATION SHALL TAKE PLACE BEFORE ONE (1) NEUTRAL ARBITRATOR IN DALLAS, TEXAS.

THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN YOU AND Zoës Kitchen. NEITHER YOU NOR Zoës Kitchen SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE INDIVIDUAL (NON‐CLASS) NATURE OF THIS DISPUTE PROVISION GOES TO THE ESSENCE OF THE PARTIES' ARBITRATION AGREEMENT.

Entire Agreement

Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement.