Terms of service

Overview

Key Notices

• Updates to Terms: We may modify these Terms at any time. When we do, we will update the “Last Updated” date at the top of this page and post the revised version on the Site. All changes take effect immediately upon posting—if you used the Site before the changes, your continued use after posting means you accept the updated Terms. It is your responsibility to review these Terms periodically.
• Platform Host: The Site is hosted on Shopify Inc., which provides the e-commerce infrastructure that enables us to sell our products to you. Important: Shopify is only the platform provider—they are not responsible for our products, order fulfillment, or compliance with these Terms. All order-related issues (e.g., shipping, returns, refunds) should be directed to CustomGiftJoy, not Shopify.
• Privacy Compliance: Your use of the Site also includes consent to our [Privacy Policy](insert link), which explains how we collect, use, and protect your personal information (e.g., name, shipping address, payment details) in compliance with U.S. privacy laws, including the California Consumer Privacy Act (CCPA) and Virginia Consumer Data Protection Act (VCDPA).

Section 1: Eligibility & User Responsibilities

1. Age Requirement: By using the Site or purchasing our products, you confirm that you are at least the age of majority in your state or province of residence (typically 18 years old in the U.S.). Note: If you’re under 18, you may only use the Site with a parent/guardian’s permission, and they will accept these Terms on your behalf and assume responsibility for your activity.
2. Lawful Use: You may not use the Site or our products for any illegal, fraudulent, or unauthorized purpose. This includes violating local, state, federal, or international laws (e.g., copyright infringement, trademark violations, or exporting restricted goods).
3. Prohibited Actions: You may not:
   • Transmit viruses, worms, malware, or any code designed to damage or disrupt the Site, our systems, or other users’ devices.
   • Attempt to access, modify, or bypass restricted areas of the Site (e.g., admin panels, user data databases).
   • Reproduce, duplicate, copy, sell, resell, or exploit any part of the Site, our content, or services without our express written permission.
4. Termination for Breach: If you violate any of these Terms, we may immediately terminate your access to the Site, cancel your orders, or restrict your use of our services—without prior notice.

Section 2: General Conditions

1. Right to Refuse Service: We reserve the right to refuse service, deny orders, or restrict access to the Site for any lawful reason (e.g., suspected fraud, violation of Terms, protecting user safety) — this right will not be used to discriminate based on race, color, religion, gender, national origin, disability, or any other protected characteristic under U.S. law.
2. Data Transmission: Your non-payment-related content (e.g., order details, account information) may be transmitted unencrypted across networks and adapted to meet technical requirements of connecting devices. However, all credit card and payment information is always encrypted during transmission to protect your financial data.
3. Headings: Section headings in these Terms are for convenience only and do not limit, modify, or define the meaning of any provisions.

Section 3: Accuracy & Timeliness of Information

1. General Information Only: Content on the Site (e.g., product descriptions, pricing, availability) is provided for general reference. We strive for accuracy, but we do not guarantee that information is error-free, complete, or up-to-date. Do not rely on Site content as the sole basis for purchasing decisions—if you have questions, contact our support team at support@customgiftjoy.com.
2. Historical Information: The Site may include historical data (e.g., past promotions, discontinued products) which is not current and is provided for reference only.
3. No Obligation to Update: We may modify Site content at any time, but we have no legal obligation to update outdated information. It is your responsibility to verify details (e.g., product availability, pricing) before placing an order.
4. Risk of Reliance: Any decisions or actions taken based on Site content are at your own risk. We are not liable for losses or damages resulting from inaccurate or outdated information.

Section 4: Changes to Services & Pricing

1. Price Changes: Product prices are subject to change without notice. Note: Once you place an order and we confirm payment, the price is locked—even if we later raise prices for that product.
2. Service Modifications: We reserve the right to modify, suspend, or discontinue the Site or any part of our services (e.g., discontinuing a product line, updating shipping options) at any time—with or without notice.
3. No Liability for Changes: We will not be liable to you or any third party for losses, damages, or inconvenience caused by price changes, service modifications, or discontinuations.

Section 5: Products & Orders

1. Online-Exclusive Items: Some products may be available only through the Site (not in physical stores). These items may have limited stock, and we reserve the right to limit quantities per order.
2. Product Images & Colors: We make every effort to display product colors, textures, and details accurately. However, actual product appearance may vary due to factors like device screen resolution, lighting, and manufacturing tolerances.
3. Order Acceptance: Placing an order does not guarantee acceptance. We may cancel orders if:
   • Products are out of stock or discontinued.
   • We suspect fraudulent activity (e.g., invalid payment information, fake shipping addresses).
   • The order violates these Terms or applicable laws.
     If we cancel an unshipped order, we will notify you via email and issue a full refund within 3 business days of cancellation. For canceled orders that have already shipped, we will process the refund within 7–10 business days of receiving the returned item (per our Refund & Return Policy).
4. Returns & Exchanges: All product returns and exchanges are governed by our [Refund & Return Policy](insert link).

Section 6: Intellectual Property

1. Ownership: All content on the Site—including logos, trademarks, product images, text, and software—is the property of CustomGiftJoy.com or our licensors. This content is protected by U.S. copyright, trademark, and intellectual property laws.
2. Limited License: We grant you a non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes only. This license does not allow you to:
   • Use our trademarks, logos, or content in a way that implies affiliation with or endorsement by us (without permission).
   • Post our product images, logos, or text on social media, blogs, or other platforms (e.g., using our gift photos to promote another brand) without written permission.
   • Sell, print, or distribute our content (e.g., using our product descriptions for your own store).
   • Create derivative works from Site content (e.g., editing our product images to add your own branding).

Section 7: Limitation of Liability

1. Disclaimer of Warranties: The Site and our products are provided “as is” and “as available” without warranties of any kind (express or implied). We do not warrant that the Site will be uninterrupted, secure, or free of errors, or that products will meet your specific needs.
2. Limitation of Damages: To the fullest extent allowed by U.S. law, we will not be liable for:
   • “Indirect damages” (e.g., missed events because a gift arrived late, lost profits from using a product, or inconvenience from order delays).
   • Damages arising from Site downtime, order cancellations, product defects, or shipping delays—unless we acted intentionally or were grossly negligent.
     Our total liability to you for any claim related to the Site or our products will not exceed the amount you paid for the specific product or service that caused the issue.

Section 8: Indemnification

• Your use of the Site or violation of these Terms (e.g., copyright infringement from sharing our content without permission).
• Your purchase or use of our products (e.g., claims that a product caused injury or damage, or that you used the product illegally).
• Unauthorized access to your account or use of your payment information (unless the unauthorized access was due to our negligence).

Section 9: International Orders

1. Import Duties & Taxes: You are responsible for all customs duties, import taxes, or fees imposed by your country’s government. These fees are not included in your order total, and we do not collect them at checkout. Your local customs office will contact you to collect these fees before delivering your package.
2. Customs Compliance: We will provide accurate shipping documents (e.g., commercial invoice) to comply with local customs rules. However, we are not liable for delays, rejections, or seizures due to customs hold-ups (e.g., missing documentation requested by your local authorities).
3. Return Restrictions: Some countries restrict returns of international packages (e.g., due to customs regulations or shipping costs). Check your local laws before requesting a return—our support team can provide guidance on international return processes.

Section 10: Governing Law

Section 11: Contact Us

• Email: support@customgiftjoy.com
• Site: CustomGiftJoy.com → “Contact Us” form