Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING OR PURCHASING FROM THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. By purchasing any product from Gifts-to-Impress.com, you have agreed to all terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use or purchase from this site.
Food Allergies
Some of our gift baskets and boxes contain nuts, dairy, wheat and/or other food products that could induce serious, even fatal, reactions to inviduals who suffer from food allergies. When purchasing from this site, you are solely respsonsible for reading the contents of each gift prior to purchase and agree not to send or give any questionable gifts to individuals who may suffer from food allergies. Gifts-to-Impress.com, nor our vendors, nor third-parties linked to or from this site, will be held responsible for any allergic reaction in any individual caused by any of the ingredients found in any of our products.
Item Substitutions
By purchasing from this site, you understand that photos of our gift baskets may show items that are no longer available and will be replaced by similar items of equal or greater value based on availability. The overall look and value of the gift will remain the same.
Also, during the warmer months, chocolate items in our gourmet gift baskets will be substituted with other items that won't melt. Some of our gourmet gift baskets that consist entirely of, or mostly of, chocolate items will not be available at all on our site during this time. We consider the "warmer" months to usually be between May and October each year, but we use our discretion based on current national weather conditions at the time baskets are shipped.
Shipping
"Standard" shipping could take as little as 3 and as many as 15 days for delivery. In addition to transit time, orders take on average between 1-2 business days to process. This must be taken under consideration when selecting expedited shipping such as 3-Day, Next-Day, etc. For example, if selecting 3-Day shipping, your purchase will ship via USPS, Fed-Ex or UPS "3-Day" after it has gone through processing in our order department...meaning it could take up to 5 business days from the date the order was placed for the package to actually arrive at it's destination. Distance between the vendor and the chosen shipping address, holidays, inclement weather and other factors beyond our control will affect delivery times. In areas where the US Postal Carrier will not leave a package on a doorstep, the "delivery date" will be considered the date a USPS notice is left for the recipient. Gifts-to-Impress.com is not responsible for the amount of time that lapses between such a notice being issued and the actual time it takes for the recipient to retrieve their package from their local post office. The carrier used for each shipment is at our sole discretion and based upon which of our vendors your shipment is originating. Unless the vendor ships via USPS, Saturday delivery is not included.
Shipments Containing Wine and other Alcohol
When sending or receiving wine or other alcohol containing products, keep in mind that the package will not be released without the signature of an individual the age of 21 years or over with a valid ID at time of delivery. Please keep this in mind when choosing the shipping address for your order: It is not recommended that the shipping address be that of a residence where an adult over the age of 21 may not be present when the carrier attempts delivery.
Due to availability and/or local ordinances regarding alcohol, gifts containing wine or champagne are available for delivery in the following states only, and only on the condition an adult signature is provided upon delivery: AK, AZ, CA, CT, DC, ID, IL, MI, MN, MO, NC, NH, NV, OH, OR, SC, TX, UT, VA, WA, WV, and WY.
We CANNOT ship wine or champagne gifts to any of the following: AL, AR, CO, DE, FL, GA, HI, IN, IA, KS, KY, LA, MA, MD, ME, MS, MT, ND, NE, NJ, NM, NY, OK, PA, RI, SD, TN, VT or WI. Orders placed with a shipping address to any of these states will be canceled.
Gift Messages
Our products are drop-shipped from various vendors in various parts of the United States. Therefore, the packing slip included in the shipment may have OUR address listed as the billing address and your recipients address listed as the shipping address. Many times, your name will not appear on the packing slip UNLESS you have taken the time to enter a gift message under the options sections. Please keep this in mind so that your recipient will know who to thank for their gift. If you wish to send a gift anonymously, please indicate this to us. Otherwise, we may assume you have simply forgotten the gift message and take the liberty of filling in the "To" and "From" fields in the gift message area ourselves.
Obscene or threatening language will not be accepted for gift messages. In such events, Gifts-to-Impress.com reserves the right to rewrite the gift message or cancel the order altogether.
CopyrightThe content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Gifts-to-Impress.com. The collective work includes works that are licensed to Gifts-to-Impress.com. Copyright 2003, Gifts-to-Impress.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Gifts-to-Impress.com or purchasing Gifts-to-Impress.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Gifts-to-Impress.com or to purchase Gifts-to-Impress.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Gifts-to-Impress.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Gifts-to-Impress.com used in the site are trademarks or registered trademarks of Gifts-to-Impress.com.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Gifts-to-Impress.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Gifts-to-Impress.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Gifts-to-Impress.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Gifts-to-Impress.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Gifts-to-Impress.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Gifts-to-Impress.com product is mistakenly listed at an incorrect price, Gifts-to-Impress.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Gifts-to-Impress.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Gifts-to-Impress.com shall issue a credit to your credit card account in the amount of the incorrect price.
Terms; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Gifts-to-Impress.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Gifts-to-Impress.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Gifts-to-Impress.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Gifts-to-Impress.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Gifts-to-Impress.com products) must be commenced within one (1) year after the claim or cause of action arises. Gifts-to-Impress.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Gifts-to-Impress.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Gifts-to-Impress.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Gifts-to-Impress.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Gifts-to-Impress.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Gifts-to-Impress.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Gifts-to-Impress.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Gifts-to-Impress.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Gifts-to-Impress.com may link to sites operated by third parties. However, even if the third party is affiliated with Gifts-to-Impress.com, Gifts-to-Impress.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Gifts-to-Impress.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Gifts-to-Impress.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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