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Privacy Policy

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.

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ONLINE PRIVACY POLICY AGREEMENT

 

Gift•ify, (Gift•ify), is committed to keeping any and all personal information collected of those individuals that visit our website and make use of our online facilities and services accurate, confidential, secure and private. Our privacy policy has been designed and created to ensure those affiliated with of our commitment and realization of our obligation not only to meet but to exceed most existing privacy standards.

           

THEREFORE, this Privacy Policy Agreement shall apply to Gift•ify, and thus it shall govern any and all data collection and usage thereof. Through the use of shopgiftify.com you are herein consenting to the following data procedures expressed within this agreement.

 

Collection of Information

This website collects various types of information, such as:

·       Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.

  

·       Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.

                                   

Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.

                                                                       

It is even possible that we may gather information about your computer hardware and/or software. Such collected information may include, but may not be limited to, your IP address, browser type, domain name, access time and various website addresses. The gathering and use of this information may be utilized for maintaining the quality of service we provide, as well as providing overall general statistics related to the use of our website and others.

                                               

It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.

 

Use of Information Collected

Gift•ify may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information meant to inform you of other possible products and/or services that may be available to you from shopgiftify.com. Gift•ify  may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or possible new services that are offered or may be offered.

 

Gift•ify does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.

 

Gift•ify may deem it necessary to follow websites and/or pages that their users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.

 

Gift•ify may disclose your personal information, without prior notice to you, only if required to do so pursuant to applicable laws and/or in a good faith belief that such action is deemed necessary or required to:

 

·       Conform to decrees, laws and/or statutes or in an effort to comply with any process which may be served upon Gift•ify and/or its website;

 

·       Safeguard and/or preserve all the rights and/or property of Gift•ify; and

 

·       Perform under demanding conditions in an effort to safeguard the personal safety of users of shopgiftify.com and/or the general public.

 

Children Under Age of 13

Gift•ify does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

 

Unsubscribe or Opt-Out

All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to shop@shopgiftify.com. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

 

Links to Other Web Sites

Our website does contain links to affiliate and other websites. Gift•ify does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website.

 

Security

Gift•ify shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.

 

The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.  In addition, Gift•ify is a licensee of TRUSTe. The website is also secured by VeriSign.

 

Changes to Privacy Policy Agreement

Gift•ify reserves the right to update and/or change the terms of our privacy policy, and as such we will post those change to our website homepage at shopgiftify.com, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time Gift•ify decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

 

Acceptance of Terms

Through the use of this website, you are hereby accepting the terms and conditions stipulated within the aforementioned Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.

 

How to Contact Us

If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.

 

Email: shop@shopgiftify.com

 

Telephone Number: 707-347-9897

 

Mailing Address:

      Gift•ify

      19676 Aspen Ridge Dr

      Bend, Oregon 97702

03/11/2014