Terms and
Conditions of Sale
Welcome to gift•ify’s
Online Sales Terms and Conditions. These Terms and Conditions govern sales of
products made on the gift•ify online sales webpage (www.shopgiftify.com). You
agree to be bound by these Terms and Conditions by clicking on the “I Agree”
button on the checkout page. We reserve the right to amend these Terms and
Conditions at any time by posting amended terms and conditions on our website
with a revised effective date.
The terms gift•ify,
“us”, “'we” and “our” refers to gift•ify. Our contact details are listed on the website page "Contact.” The
term “you” refers to the purchaser of the product or user or viewer of the
online ordering features of our website.
All products
either delivered or shipped are provided on an “as is” basis.
If a
product is out of stock, we may, in our sole discretion and at no extra cost to
you, substitute another item for the out-of-stock item.
Price: Prices listed are for immediate ordering only and are subject to
change. We do not hand deliver to addresses outside of our stated delivery areas. We may be able to ship
to addresses outside of the stated delivery areas, but not hand deliver.
Hand Delivery and Pick Up:
(a) The products will be delivered or picked up on the pre-arranged specified
date.
(b) Unless otherwise agreed in writing by the parties, we shall deliver
the products to a "Delivery Point"
designated by you using our standard methods for packaging and delivering such
products. You shall be responsible for
all costs reasonably suited for receipt of the products at the Delivery Point.
(c) Title and risk of loss passes to you upon delivery of the products
to the Delivery Point.
(d) If for any reason you fail to accept delivery of any of the products
on the date fixed pursuant to our notice that the products have been delivered
at the Delivery Point, or if we are unable to deliver the products at the
Delivery Point on such date because you have not provided appropriate
instructions, documents, licenses or authorizations: (i) risk of loss to the
products shall pass to you; (ii) the products shall be deemed to have been
delivered; and (iii) we, at our option, may store the products until you pick
them up, whereupon you shall be liable for all related costs and expenses.
Non-delivery:
(a) The quantity of products as recorded by us on dispatch from our
place of business is conclusive evidence of the quantity received by you at the
Delivery Point unless you can provide conclusive evidence proving the contrary.
(b) We shall not be liable for any non-delivery of products (even if
caused by our negligence) unless you give written notice to us of the
non-delivery within 2 days of the date when the products would in the ordinary
course of events have been received.
(c) Any liability of us for non-delivery of the products shall be
limited to replacing the products within a reasonable time.
Shipping: Needs to be arranged and paid for
separately.
Payment Options: We accept Visa, MasterCard, American
Express, Discover, Diners Club, and JCB for online orders.
Disclaimer:
(a) WE MAKE NO WARRANTY WHATSOEVER WITH
RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b)
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; or (d)
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY;
WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OF TRADE OR OTHERWISE.
(b) Products manufactured by a third party ("Third Party Product") may constitute, contain, be
contained in, incorporated into, attached to or packaged together with, the
products. For the avoidance of doubt, WE
MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT,
INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY
LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(c) IN NO EVENT WILL WE BE
RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR CONTINGENT DAMAGES ARISING FROM
OR RELATING TO THIS CONTRACT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS SALE,
INCLUDING FOR ANY LIABILITY ON ACCOUNT OF A CLAIMED DEFECT IN ANY PRODUCT,
WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PURCHASE
PRICE OF THE PRODUCT. ALL SALES ARE FINAL, NO RETURNS WILL BE ACCEPTED OTHER
THAN AS PROVIDED IN THESE WARRANTY PROVISIONS.
Interpretation: These Terms and Conditions shall be governed
by and construed in accordance with the laws of the State of Oregon,
U.S.A., without reference to its conflicts of law provisions. Any dispute shall
be subject to the exclusive jurisdiction of the state and federal courts
located in Deschutes County, Oregon, U.S.A., and you hereby irrevocably
agree to submit to the personal and exclusive jurisdiction and venue of such
courts. If any term, provision, covenant
or condition of these Terms and Conditions is held by a court or arbitral panel
of competent jurisdiction to be invalid, void or unenforceable, the remainder
of the provisions hereof shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.