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[General policy disclaimer: the materials below are intended for informational purposes only and do not constitute advertising, a solicitation, or legal advice. This template may be translated using automated technology. Translations are provided for your convenience only. Shopify accepts no liability for errors or omissions in translations. Please read these materials carefully and adapt them where necessary. The information in these materials may or may not reflect the most current legal developments; accordingly, Shopify does not warrant that such information is correct or complete. You should not rely on this information for any purpose without seeking legal advice from a licensed attorney in your state or province. Use of, access to, or transmission of these materials or any of the links herein is not intended to create, and receipt does not constitute, an attorney-client relationship between you and Shopify. Shopify expressly disclaims all liability with respect to your use or publication of these materials and any actions taken or not taken based on these materials.]

OVERVIEW

Welcome to Gift Shoppery! The terms "we," "us," and "our" refer to Gift Shoppery. Gift Shoppery operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a customized shopping experience (the "Services"). Gift Shoppery is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside, and that you have given us permission to allow any minor dependents of yours to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing address, shipping address, and payment details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for the security of your account login credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display an accurate representation of our products and services in our online stores. Please note, however, that the colors or appearance of products may differ from how they appear on your screen, due to the type of device you use to access the store and your device's settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as depicted or supplied in our online stores.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Gift Shoppery reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Gift Shoppery has confirmed acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Gift Shoppery may not be able to process cancellation requests after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number you provided when placing the order.

Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, the prices listed are exclusive of taxes, shipping and handling charges, and customs or import duties.

The prices in our online stores may differ from prices in physical stores or in online stores or other stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges made by you will be honored by your credit card company, and (iv) you will pay charges made by you at the prices listed, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once we hand the products over to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, marks, text, displays, images, graphics, product controls, video, and audio, and the design, selection, and arrangement thereof, are the property of Gift Shoppery, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you any license or other rights, nor shall anything be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Gift Shoppery, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to Gift Shoppery.

The names, logos, product and service names, designs, and slogans of Gift Shoppery are trademarks of Gift Shoppery or its subsidiaries or licensors. You may not use such trademarks without the prior written consent of Gift Shoppery. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to customer tools provided by third parties as part of the Services, over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be deemed part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damage related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of the third party and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your shop and may not be removed or modified.]

Gift Shoppery is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our Store are made directly with Gift Shoppery. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Gift Shoppery, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with Gift Shoppery.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can review here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which you can review here. By using the Services, you acknowledge that you have read this privacy policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you. Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, subscriptions, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or these Terms of Service.

You agree that your Feedback will not infringe any right of any third party, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person other than yourself, or otherwise mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback you provide and its accuracy. We assume no responsibility and accept no liability for any feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You are not permitted to access or use the Services, directly or indirectly, (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, intimidate, or cause harm to our employees or any other persons; (e) to submit false or misleading information; (f) to transmit, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to send or cause to be sent any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm Gift Shoppery, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that will or may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robots, spiders, scraping, data-gathering and extraction tools, automated devices or processes, AI tools (such as agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass the security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section ("Agent Terms") applies if you use, permit, enable, or allow an Agent to be used to access, use, or interact with the Services. "Agent" means any software or service that takes action autonomously or semi-autonomously on behalf of or at the direction of any person or entity and that may be executed on behalf of or using a person's device without direct supervision.

14.2 An Agent may not access, use, or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements in Section 14.4 below. In addition, an Agent may not access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not conceal or obscure that any access, use, or interaction originates from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise avoid any measures intended to block, restrict, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion and without prior notice, and you will remain liable for all amounts owed up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Gift Shoppery, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any and all losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties as a result of or arising from (1) your breach of these Terms of Service or the documents referenced herein, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.

We will notify you of any claim eligible for indemnification, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may assume the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim that requires non-monetary obligations of you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service, with such determination not affecting the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide services to you are governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Gift Shoppery is located. You and Gift Shoppery consent to venue and personal jurisdiction in such courts.

SECTION 23 – HEADINGS

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date stated in the notice. Your continued use of or access to the Services after changes to these Terms of Service are posted constitutes your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service can be sent to us at contact@giftshoppery.com.