Effective Date: [Insert Date - e.g., October 26, 2023]
1. Introduction and Acceptance of Terms
Welcome to Gift Boutique 868! These Terms and Conditions ("Terms") govern your use of our website [www.giftboutique868.com] (the "Website") and your purchase of products from us. By accessing or using the Website and/or placing an order, you agree to be bound by these Terms. If you do not agree with all of these Terms, please do not use the Website.
2. Use of the Website
Eligibility: By using this Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Account Creation (Optional): You may be required or have the option to create an account to access certain features of the Website or to place orders. If you create an account, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Website Access: We grant you a limited, revocable, non-exclusive, and non-transferable license to access and use the Website for your personal, non-commercial use, subject to these Terms.
Prohibited Conduct: You agree not to:
Use the Website for any unlawful purpose or in violation of any applicable laws or regulations.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available.
Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.
Transmit or introduce any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
Engage in any conduct that restricts or inhibits any other person from using or enjoying the Website.
3. Products and Services
Product Descriptions: We make every effort to display the colors and images of our products as accurately as possible on the Website. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We also try to ensure that product descriptions and specifications are accurate, but errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
Product Availability: All products are subject to availability, and we cannot guarantee that any item will be in stock. We reserve the right to discontinue any product at any time without notice.
Pricing: Prices for our products are subject to change without notice. All prices are listed in [Insert Currency - e.g., TTD, USD] and are inclusive/exclusive [Specify if prices include or exclude taxes, e.g., "inclusive of applicable taxes" or "exclusive of taxes"]. Shipping and handling charges, if applicable, will be added to your order total.
Orders: Your order is an offer to purchase products from us. We reserve the right to accept or reject your order for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or if we suspect fraudulent activity. If we reject your order, we will attempt to notify you using the email address you provided with your order.
4. Ordering and Payment
Order Process: You can place an order by following the instructions on the Website.
Payment Methods: We accept [List accepted payment methods - e.g., Credit Cards (Visa, Mastercard, American Express), Debit Cards, PayPal, Online Bank Transfers]. You represent and warrant that you are authorized to use the payment method you provide.
Payment Security: We use [Describe security measures used for payment processing - e.g., secure payment gateways, SSL encryption] to protect your payment information. However, we cannot guarantee the security of data transmitted over the internet.
Taxes: You are responsible for all applicable taxes associated with your order, as required by law.
5. Shipping and Delivery
Shipping Policy: Our shipping policy, including shipping costs and estimated delivery times, is available on our [Link to Shipping Policy Page, or describe briefly here - e.g., "Shipping Policy page" or "at checkout"]. Please refer to this policy for details.
Delivery: We will make reasonable efforts to deliver your order within the estimated delivery timeframe. However, delivery times are estimates and are not guaranteed. We are not responsible for delays caused by events beyond our reasonable control, such as weather conditions, carrier delays, or incorrect address information provided by you.
Risk of Loss: The risk of loss and title for products purchased from us pass to you upon our delivery to the carrier.
6. Returns and Exchanges
Our Returns Policy, which is incorporated by reference into these Terms, is available on our "Return Policy" page. Please refer to this policy for details regarding returns and exchanges.
7. Intellectual Property
Website Content: The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Trademarks: The Gift Boutique 868 name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gift Boutique 868 or its affiliates or licensors. You must not use such marks without our prior written permission.
Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its content for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website according to these Terms.
8. User Content (If Applicable - e.g., Product Reviews)
User Content: The Website may allow you to submit, post, display, or otherwise make available content, such as product reviews, comments, or other materials ("User Content").
Your Responsibility: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you have all necessary rights to your User Content and that your User Content does not violate these Terms or any applicable laws.
License to User Content: By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
Content Moderation: We have the right, but not the obligation, to monitor, edit, or remove User Content that we believe violates these Terms or is otherwise objectionable.
9. Disclaimer of Warranties
THE WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIFT BOUTIQUE 868, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
YOUR USE OF OR INABILITY TO USE THE WEBSITE;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY;
ANY ERRORS OR OMISSIONS IN ANY CONTENT; OR
PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR ANY OTHER MATTER RELATING TO THE WEBSITE OR PRODUCTS.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR PURCHASING PRODUCTS FROM US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
11. Indemnification
You agree to indemnify, defend, and hold harmless Gift Boutique 868 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the laws of Trinidad and Tobago. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Trinidad and Tobago.
13. Dispute Resolution
[Choose ONE of the following Dispute Resolution options and remove the others. Consult with your lawyer about the best option for your business.]
Option 1: Informal Dispute Resolution (Recommended First Step)
We encourage you to contact us directly to seek resolution if you have any concerns. Please contact us at [Insert Your Email Address for Customer Service] to attempt to resolve any dispute informally.
Option 2: Mediation
Any dispute arising out of or relating to these Terms shall be submitted to [Specify Mediation Process/Provider if applicable - e.g., "mediation in accordance with the rules of [Name of Mediation Organization]"]. The mediation shall be conducted in [City, Country].
Option 3: Binding Arbitration
Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by [Specify Arbitration Provider - e.g., "the American Arbitration Association" or "[Local Arbitration Provider]"] in accordance with its rules. The arbitration shall be conducted in [City, Country]. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. [Note: Arbitration clauses can have significant legal implications and may limit your customer's right to sue in court. Discuss this option carefully with your lawyer.]
14. Changes to Terms and Conditions
We reserve the right to update, change, or replace any part of these Terms at any time by posting updates and changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. We may also provide notice of significant changes by [Specify how you will notify users of significant changes - e.g., "email to your registered email address" or "prominent notice on the Website"].
15. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and Return & Exchange Policy, constitute the entire agreement between you and us regarding your use of the Website and purchase of products, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
