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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, a California Limited Liability company.
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. Sales and use tax is included in the
listed price. We do not hand deliver to addresses outside the San Francisco Bay
Area. We may be able to ship to addresses outside of the San Francisco Bay Area,
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
California, 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 San Francisco County, California, 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.
