TERMS and CONDITIONS of USE
Effective as of May 1st, 2020
Through your use of the website, you may provide us with certain information. By using the website you authorize Gift N Gadget-etc to use your information in the United States and any other country where we may operate.
Information We May Collect or Receive: When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name or billing information. We do not store your credit-card information on this site. Depending on how you use our website or services, we may also receive information from external applications that you use to access our website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
How We Use Information: We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain aspects of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
How You Can Protect Your Information: If You would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that Gift N Gadget-etc will still receive information about you that you have provided, such as your email address. If You choose to terminate your account, Gift N Gadget-etc will store information about you for no more than 3 days, after that time, it will be deleted.
Electronic communications are permitted to both you and us under these terms, including e-mail or fax. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gift N Gadget-etc or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Gift N Gadget-etc, with copyright authorship for this collection by Gift N Gadget-etc, and protected by international copyright laws.
Gift N Gadget-etc trademarks and trade dress may not be used in connection with any product or service that is not Gift N Gadget-etc‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gift N Gadget-etc. All other trademarks not owned by Gift N Gadget-etc or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gift N Gadget-etc or its subsidiaries.
LICENSE AND SITE ACCESS
Gift N Gadget-etc grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gift N Gadget-etc. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gift N Gadget-etc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gift N Gadget-etc and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Gift N Gadget-etc’s name or trademarks without the express written consent of Gift N Gadget-etc. Any unauthorized use terminates the permission or license granted by Gift N Gadget-etc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gift N Gadget-etc so long as the link does not portray Gift N Gadget-etc, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gift N Gadget-etc logo or other proprietary graphic or trademark as part of the link without express written permission.
You must be at least 18 (eighteen) years of age to have an account and use this website or any services contained herein. By using this website, you represent and warrant that you are at least 18 years of age and may legally agree to these terms. Gift N Gadget-etc assumes no responsibility or liability for any misrepresentation of your age.
YOUR MEMBERSHIP ACCOUNT
As a user of this website, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the website. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Changing your password regularly will help protect it. If you are under 18, you may use our website only with involvement of a parent or guardian who has an account here. Gift N Gadget-etc and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Gift N Gadget-etc reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Gift N Gadget-etc and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gift N Gadget-etc and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Gift N Gadget-etc or its associates for all claims resulting from content you supply. Gift N Gadget-etc has the right but not the obligation to monitor and edit or remove any activity or content. Gift N Gadget-etc takes no responsibility and assumes no liability for any content posted by you or any third party.
You agree not to use the Gift N Gadget-etc website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the website in any way that could damage the website, services, or general business of Gift N Gadget-etc.
You further agree not to use the website or services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
SALE OF GOODS/PRODUCT DESCRIPTIONS
You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products.
Gift N Gadget-etc and its associates attempt to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, Gift N Gadget-etc does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Gift N Gadget-etc itself is not as described, your sole remedy is to return it in unused condition. See Returns Policy for more information.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Gift N Gadget-etc ON AN “AS IS” AND “AS AVAILABLE” BASIS. Gift N Gadget-etc MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Gift N Gadget-etc DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Gift N Gadget-etc DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Gift N Gadget-etc ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Gift N Gadget-etc WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
All orders are shipped within 1-2 business days. Please provide accurate billing and shipping information along with phone number and e-mail address in order to properly expedite your order and to notify you in case there is a problem. Please check that the Billing and Shipping addresses are correct before finalizing your order to avoid delays. Shipment costs and dates are subject to change from the costs and dates that you are quoted due to unforeseen circumstances. At this time we ship to the United States. See Shipping Policy for more info.
In the event that the product(s) are found defective or you are unsatisfied with the product(s), we will gladly exchange or refund. Please contact us through your account support ticket, by e-mail, or at our contact-us link to obtain a Return Authorization (RA).
If merchandise arrives broken, please let us know immediately, as everything shipped is insured. DO NOT return any item without a return authorization (RA) or refund will NOT be made.
Shipping and handling charges ARE NOT refundable, unless the item is damaged or defective. Additional shipping and handling fees will be applied for all other exchanges. Please note, for the interest of hygiene and customer protection, we may not refund or exchange items that are opened, used or worn. Please refer to our Return Policy for more information.
You agree to defend and indemnify Gift N Gadget-etc and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the website or services, your breach of these terms, or your conduct or actions. You agree that Gift N Gadget-etc shall be able to select its own legal counsel and may participate in its own defense, if Gift N Gadget-etc wishes.
You are strictly prohibited from using the website or any of Gift N Gadget-etc’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD-PARTY LINKS & CONTENT
Gift N Gadget-etc may occasionally post links to third party websites or other services. You agree that Gift N Gadget-etc is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our website.
MODIFICATION & VARIATION
Gift N Gadget-etc may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that Gift N Gadget-etc shall have no liability for any damage or loss caused as a result of such downtime.
TERM, TERMINATION & SUSPENSION
LIMITATION ON LIABILITY
Gift N Gadget-etc is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of Gift N Gadget-etc arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to Gift N Gadget-etc in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
By visiting Gift N Gadget-etc, you agree that the laws of the state of Arizona, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gift N Gadget-etc or its associates.
These terms constitutes the entire understanding between Gift N Gadget-etc and you with respect to any and all use of this website. These terms supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website.