Gift Card Terms and Conditions

Gift Card. The gift card is offered to individuals over the age of 18 that can lawfully enter into and form contracts under applicable law, and by using the Gift Card You represent and warrant to Us that You are such an individual. We, in Our sole discretion may refuse to issue a Gift Card for any reason.

Gift cards are valid for five (5) years from the date of purchase.

Other restrictions may apply. The gift card is not a credit card. Gift cards may be purchased online or at our restaurant. Please note that gift cards purchased in the restaurant cannot be used the same day.

Card Limitations. You must have sufficient, available funds to pay for all gift card transactions. If the purchase amount is greater than the available funds, the difference may be paid for with cash or credit/debit card, subject to the policy of the merchant. In no event may the card be used to cover taxes and gratuities. If the merchant attempts to process the Gift Card for more than the available funds, the transaction will be declined. If your gift card balance is zero, or becomes zero, the card will be terminated. You may only use your gift card in the manner and for the purposes described in these Terms and Conditions. Your gift card may not be used for illegal transactions or for any type of pre-authorized transactions.

Disclosure of Information to Third Parties. We may disclose information to third parties about your gift card or a transaction that you make: where it is necessary for completing the transaction; in connection with examinations by any taxing or other regulatory authorities.

Disputes with Merchants. You agree to make a good faith effort to settle all disputes about purchases you make using your gift card.

Lost and Stolen Cards. We are not responsible for lost or stolen gift cards. Treat gift cards like cash, because lost or stolen gift cards will not be replaced.

Disclaimer of Liability. In providing the gift card services to you, we disclaim any duty or responsibility other than those expressly set forth in these Terms and Conditions. The issuer is not liable expressly for the following:

  • If through no fault of ours, cardholder does not have enough money on the gift card to cover the transaction; or
  • If the transaction would exceed the cardholders available funds; or
  • If the transaction is to cover only Alcohol purchases, Taxes, and/or Gratuities
  • If the terminal or system was not working properly; or
  • If circumstances beyond our control prevent the transaction, despite reasonable precautions that we may have taken; or
  • If there are other exceptions stated in these Terms and Conditions or provided by law.

Termination. The gift card shall remain our property. We may, at any time and without prior notice, cancel your gift card and have you return the gift card to us. You may terminate your gift card by returning the gift card to us. However, the purchase price paid for the gift card may be non-refundable. Termination of the gift card will not affect prior transactions or obligations existing at the time of termination, and may not entitle you to any refund. Gift cards may be non-refundable.

Amendment. We may amend these Terms and Conditions at any time in our sole discretion by posting a revised copy on https://www.blueseafoodandspirits.com at least 30 days prior to the effective date of any amendment that results in an increased fee or charge, an increase in your liability, a reduction in card services, or stricter transaction or purchase limitations.

Severability/No Waiver. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms and Conditions.

Governing Law. These Terms and Conditions, the gift card, and all transactions hereunder are subject to the laws of the Commonwealth of Virginia. Arbitration. Any dispute, controversy or claim arising out of or relating to the gift card, these Terms and Conditions or the provision of services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Commonwealth of Virginia. The prevailing party shall be awarded their arbitration and attorney fees, costs and expenses to the maximum extent permissible. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from the court of competent jurisdiction in the City of Virginia Beach, Virginia necessary to protect the rights of property of you or us (or our agents suppliers, and subcontractors) pending the completion of the arbitration.

Frequently Asked Questions

Do gift cards expire?
Yes, gift cards expire five (5) years from the purchase date.

Are there any other restrictions?
The gift card is valid for all food and beverages. Please remember to tip your wait staff appropriately. The gift card is NOT redeemable or refundable for cash, may not be used on promotional or discounted items, cannot be applied to your current visit/purchase, and cannot be combined with other offers.

How can I check my gift card balance?
Verify the balance online at any time. Your gift card number will be required.

Do you charge a monthly fee after a certain period of time?
No monthly or maintenance fee is charged.

Can I send a personal message with my gift card purchased online?
Absolutely! There is a space on the order form to include your personal message.

How will the gift card arrive?
Gift cards will be shipped based on the delivery method chosen. All cards are mailed in a gift envelope and card holder.

Will I get a confirmation?
Yes, after your order is placed you will get a confirmation page that shows your order number. A receipt of your order will be sent to you via email, and you’ll receive a notification when your card is shipped.

When will I receive my gift card?
All orders placed will be processed within one business day. Delivery will depend upon the option you choose.

How can I track my order?
A tracking number will be available on the My Account page. You must opt to create an account at checkout. Standard delivery orders are mailed USPS First Class Mail and cannot be tracked.

What happens if my gift card is lost or stolen?
Gift cards should be treated as cash. We are not responsible for lost or stolen cards.

Who can I contact if I have questions or problems with my order?
Call us at (757) 689-5395 or email help@blueseafoodandspirits.com.