giftify

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.