Gift Card Terms
Gift Card Terms
Effective Date: July 16, 2026 — This policy governs the purchase, receipt, use, and redemption of all Brekery® gift cards, including electronic gift cards (eGift Cards).
TERMS AND CONDITIONS ARE APPLIED TO GIFT CARDS.
By purchasing, receiving, sending, or using a Brekery gift card, you confirm that you have read these Terms, have the legal capacity to enter into contracts (are 18 years of age or the age of majority under applicable law), and agree to be bound by them in electronic form. If you do not agree to these Terms, do not purchase or use a gift card.
This Agreement is entered into between you and Healthy Food Kitchen Inc. ("Company"), the owner of the Brekery brand.
What a Gift Card Is
A Brekery gift card is an electronic certificate with a specified monetary value that may be used solely to pay for products sold on the official Brekery website, unless otherwise expressly stated by the Company.
A gift card is not a bank card, debit card, credit card, e-wallet, investment product, or payment account.
Purchase
Gift cards may be purchased only through the official Brekery website or through other resellers officially authorized by the Company.
Only a person who is 18 years of age or older, or who otherwise has full legal capacity to enter into contracts under applicable law, may purchase a gift card.
The Company reserves the right to refuse to sell a gift card, cancel an order, or limit the number of cards a customer may purchase if it suspects fraud, abuse, resale, or other unlawful activity.
Use
A gift card may be used solely to purchase Brekery products. A gift card:
- may not be used to purchase another gift card;
- does not grant the holder any corporate rights;
- is not an investment instrument;
- does not accrue interest;
- may not be used for any purpose prohibited by law.
The Company may refuse to accept a gift card if it has reason to believe the card is being used unlawfully or in violation of this Agreement.
Remaining Balance
If the order total is less than the gift card balance, the unused balance is retained and may be used for a later purchase. If the order total exceeds the gift card balance, the customer must pay the difference using any available payment method.
If the remaining balance on a gift card is less than five U.S. dollars ($5), the cardholder may request to receive that balance in cash or an equivalent form of refund, in accordance with applicable New York State law.
Fees
The Company does not charge any fees in connection with gift cards, including activation, service, dormancy, renewal, reloading, or any other fees, except as expressly permitted by applicable law.
Refunds
All gift card sales are final. Once a gift card has been delivered:
- no refunds will be issued;
- the purchase cannot be canceled;
- the card cannot be exchanged for cash,
except where expressly required by applicable law, including the right to receive a balance of less than $5 in cash as described above.
Expiration
Unless applicable law requires otherwise, Brekery gift cards do not expire. The Company does not charge fees for holding an unused balance or for non-use of a gift card.
Loss, Theft, or Unauthorized Use
A gift card is treated as a bearer instrument. Any person in possession of the gift card code is considered authorized to use it. The purchaser is solely responsible for safeguarding the card number, QR code, link, and any other gift card data.
Healthy Food Kitchen Inc. is not responsible for gift cards that have been lost, deleted, accidentally transferred to a third party, stolen, used without the owner's authorization, or obtained through phishing, email compromise, malware, or other third-party actions. The Company is not obligated to replace such gift cards or restore their balance.
Fraud and Identity Verification
The Company reserves the right, at its sole discretion, to cancel a gift card, temporarily suspend its use, refuse redemption, cancel transactions, suspend order fulfillment, or refuse to sell new gift cards if it has reasonable grounds to believe the card was obtained fraudulently, purchased using stolen payment methods, used in violation of law, resold without the Company's consent, used for money laundering, or used in violation of these Terms.
The Company may verify the identity of the purchaser and recipient of a gift card to the extent necessary to prevent fraud. Personal data collected during such verification is processed in accordance with the Brekery Privacy Policy.
Errors
The Company may correct any technical errors, balance calculation errors, software bugs, pricing errors, or other apparent errors. If an error is discovered, the Company may adjust the gift card balance, cancel the erroneous transaction, or void a gift card issued in error.
Limitation of Liability
To the fullest extent permitted by New York State law and applicable U.S. federal law, Healthy Food Kitchen Inc., Brekery, and their owners, employees, contractors, and affiliates are not liable for indirect, incidental, special, or punitive damages, lost profits, loss of goodwill, loss of data, or any consequences arising from the use or inability to use a gift card.
If the Company is nonetheless found liable, the maximum amount of such liability shall not exceed the actual remaining balance on the applicable gift card.
Force Majeure
The Company is not liable for any failure to perform its obligations due to circumstances beyond its reasonable control, including natural disasters, power outages, internet service disruptions, cyberattacks, government actions, acts of war or terrorism, widespread payment system failures, or actions of software providers.
Unclaimed Funds
To the extent applicable, unused gift card balances are handled in accordance with the New York Abandoned Property Law.
Changes to These Terms
The Company may modify these Terms at any time. The updated version will be published on the official Brekery website. Use of a gift card after such changes are published constitutes acceptance of the revised Terms.
Governing Law and Venue
This Agreement is governed by the laws of the State of New York and applicable U.S. federal law, without regard to conflict-of-laws principles. Any litigation not subject to arbitration below shall be brought exclusively in the state or federal courts located in the State of New York, and the parties consent to the personal jurisdiction and venue of such courts.
Dispute Resolution
Any disputes arising out of this Agreement or related to the use of Brekery gift cards shall, where possible, be resolved through negotiation. If a dispute cannot be resolved amicably, it shall be handled in accordance with applicable New York State law. Where permitted by law, the parties may agree to resolve a dispute through binding arbitration.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Contact Information
For questions related to Brekery gift cards, please contact us through the contact form on the official Brekery website, or by email at support@brekery.com.
Healthy Food Kitchen Inc.