Terms of service

 

OVERVIEW 
This website is operated by GiftAFeeling.com. Throughout the site, the terms “we”, “us” and “our” refer to GiftAFeeling.com. GiftAFeeling.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or 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. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms of Service, 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. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall giftafeeling.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless giftafeeling.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 17 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall 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 in respect to The Service constitutes 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 18 - GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada. 

SECTION 19 - CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 20 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at Hello@GiftAFeeling.com.

SECTION 21 - CONTENT POLICY

Our customers are responsible for the content they upload to GiftAFeeling for customization of products. We reserve the right to refuse any order that contains content that is offensive, hateful, violent, harmful, or violates intellectual property rights. 

At GiftAFeeling, we are committed to fostering a community that values and respects the creative rights of individuals and entities. We have set forth this content policy to guide you on the types of content that may not be used in connection with our services.

1. Prohibited Content

You may not use the GiftAFeeling services to create, post, distribute, or facilitate the distribution of any content that:

a. Infringes on Copyrights, Trademarks, or Other Intellectual Property Rights: Any content that violates or infringes someone else's rights, including, if applicable, any publicity, privacy, patent, or intellectual property rights, such as unauthorized use of a copyrighted work, a trademarked logo, or a patented design.

b. Violates Personal Rights: Any content that is defamatory, invades someone's privacy, or otherwise violates the rights of a third party.

c. Promotes Harmful, Offensive, or Illegal Activities: Any content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.

d. Promotes Violent or Dangerous Activities: Any content that is violent or promotes violence or actions that are threatening to others, or content that promotes dangerous activities.

e. Sexually Explicit or Offensive Content: Any content that is sexually explicit, pornographic, or offensive in nature, or any content that promotes sexually explicit material.

2. Enforcement

If we believe that there is a violation of this policy that can simply be remedied by removal of certain content or cancellation of order, we will, in most instances, ask the user to take direct action rather than intervene. We may also suspend or terminate the user's account if the user does not adhere to these guidelines or uses the GiftAFeeling service in a manner that we believe is inappropriate or unlawful.

3. Reporting Violations

If you believe that something on our service violates our policies, please report it to us immediately. You can do so by contacting our support team at support@giftafeeling.com.

4. Modifications

We reserve the right to modify this policy at any time. We will post any modifications on this page and, if the changes are significant, we will provide a more prominent notice. We encourage you to periodically review this page for the latest information on our privacy practices.

By using our services, you agree to this content policy and our Terms of Service. If you disagree with any part of this policy, you should discontinue use of our services.

SECTION 22 - FULFILLMENT POLICY

Our commitment is to create and deliver your products as swiftly as possible. We estimate 2-7 business days for production, though certain factors can affect these timelines. For more information, please see our Fulfillment time for different imprinting methods in FAQs.

SECTION 23 - FULFILLMENT PRIORITIZATION POLITY

Some orders may be fulfilled faster than others due to factors like product complexity, order size, and shipping method. We aim to treat all orders fairly, and do not intentionally delay any orders. You can find more information in our Fulfillment Prioritization in FAQs.

SECTION 24 - COLOUR MATCHING DISCLAIMER

Due to the complexities of digital and print color reproduction, the colors you see on your device may not exactly match the colors on your printed products.

There aren't many things our incredible DTG, DTF, screen printing, sublimation and embroidery processes can't achieve! However, when choosing the colors for your artwork, it’s important to note that they may look different on a real product than what you see on your computer monitor. Even if you have calibrated your monitor to a specific color profile, there are various factors that influence the final appearance of colors on a printed product.

Because of this, we can’t guarantee color accuracy 100%. Consider the following factors:

• When printing on garments, it’s important to consider fabric material and garment color. The same color value will look a little different on when printed on 100% cotton vs. a fabric blend. Similarly, the same color value will look different when printed on a light vs. dark colored garment.
• We also print a white under base layer beneath prints on colored garments so that the colors look vibrant and stand out from the fabric. The same color value on one garment can look different when printed with vs. without a white under base. 
• To get the best outcome for your prints, use sRGB for your files. sRGB is the color profile our printers use. sRGB uses more colors than standard RGB. For best possible accuracy use the sRGB color profile sRGB IEC61966-2.1. Most editing programs default to this color profile. Always check the profile and color-correct if necessary. If colors are out of the range, they will not print properly.

Color Reproduction Limitations

The colors you see on your digital devices (computers, tablets, smartphones) may not perfectly match the colors of your printed products. This discrepancy arises from several factors:

a. Screen Settings: The colors displayed on screen depend on the settings and calibration of your specific device. This can cause variations in how colors appear from one device to another.

b. Printing Process: The printing process uses a different color system than digital screens. Therefore, the conversion from digital color to print color may cause slight variations.

c. Product Material: The material onto which an image is printed can also influence the final appearance of colors. Different materials reflect light differently, affecting how the colors appear.

While we strive to accurately reproduce colors in our products, we cannot guarantee exact color matching due to the aforementioned limitations. We recommend keeping this in mind while creating and ordering your personalized products.

SECTION 25 - PRINT SIZE VARIATION POLICY

We strive for accuracy in all our printed products. However, slight variations in print size may occur due to the inherent complexities of the digital-to-physical conversion and printing processes. We maintain an acceptable print size error margin of up to 30%.

At GiftAFeeling, our aim is to ensure your custom-designed products meet your expectations. However, due to certain inherent complexities in the production process, the actual print size on your product might vary slightly from the size depicted on our website. This policy explains the reasons behind any such variations.

Variations in print size can occur due to several factors:

a. Digital-to-Physical Conversion: Designing and viewing products on a digital platform doesn't always translate perfectly to a physical product. This is due to the differences in resolution and scale between digital designs and physical prints.

b. Product Size: The same design may appear different in size when printed on different sized products. For example, a design might appear smaller on a larger sized shirt than on a smaller one, even though the design size itself has not changed.

c. Printing Process Limitations: Our production process involves state-of-the-art machinery for printing. However, these machines may have a margin of error, which could slightly affect the size of the printed design.

Our Commitment

Despite these limitations, we strive to maintain the highest quality standards and accuracy in our print sizes. Any size variations are typically minimal and should not greatly affect the overall appearance of your customized product.

Acceptable Margin of Error

In adherence to industry standards, we uphold an acceptable margin of error for our print jobs. This margin accounts for potential variations in print quality and may encompass both size and other print-related discrepancies, allowing for adjustments of up to 30%. Consequently, the final printed design may exhibit slight variations, which are normal in the printing process.

Recommendations

We recommend that you consider these factors while creating your designs and be aware that a small amount of size variation may occur. If you have any specific requirements or concerns regarding print size, please contact our support team at support@giftafeeling.com before placing your order.

Agreement

By placing an order with GiftAFeeling, you agree to this Print Size Disclaimer and our Terms of Service. If you disagree with any part of this disclaimer, you should refrain from ordering from GiftAFeeling.

We appreciate your understanding as we continue to provide personalized products that encapsulate your unique feelings and moments.

SECTION 26 - RETURN AND REFUND POLICY

If you are not satisfied with your order, please contact us at support@giftafeeling.com. We will do our best to resolve any issues or concerns you may have. For full details, please review our Return and Refund in our FAQs.

SECTION 27 - IMPRINTING METHODS

At GiftAFeeling, we select the best imprinting method for your order based on factors such as product type, the number of imprinting colors, complexity of the artwork or logo, and the timeline of the project. We reserve the right to choose the most appropriate imprinting method unless a specific method is requested by the customer prior to order placement. Details about all of GiftAFeeling's printing methods are available on our Services Page and on individual product pages. By agreeing to these terms, you acknowledge that we may use our discretion in selecting the imprinting method for your order unless otherwise specified by you.

SECTION 28 - VIRTUAL PROOFS POLICY

Our aim is to provide products that match the virtual proofs as closely as possible. However, if you find a discrepancy between the approved virtual proof and the final product, please contact our customer service team immediately. We're committed to ensuring your satisfaction. For full details, please review our our FAQs.

It is important to note that there may be differences between the virtual proofs and the actual products due to various factors involved in the production process. By placing an order with us, you acknowledge and agree to the following: 

a) Color Variations: Colors displayed on virtual proofs are approximations and may vary from the actual product due to differences in screen calibration, material properties, and printing processes. Slight color variations are considered acceptable and within standard industry tolerances. 

b) Image Clarity and Detail: The clarity and detail of images on the final product may differ from the virtual proof. Factors such as the printing method, material texture, and surface finish can affect the appearance of the printed design. 

c) Product Dimensions and Proportions: While we aim to accurately represent product dimensions and proportions in virtual proofs, there may be minor deviations in the final product due to manufacturing processes. 

d) Material and Finish: The texture, finish, and overall feel of the final product may differ slightly from the virtual proof, as virtual representations cannot fully capture the nuances of physical materials.

SECTION 29 - RUSH PRODUCTION POLICY

1. Exclusion of Virtual Proofs: In order to meet the expedited timelines of our rush-service orders, we do not provide virtual proofs. Our 24-48 hour production schedule requires products to move swiftly through art and other departments, directly to shipping, leaving no room for changes or approvals. This streamlined process ensures your products reach you as quickly as possible.

2. Option for Virtual Proofs with Extended Timeframe: If you specifically request a virtual proof, we are happy to accommodate. However, please note this will add an additional 24 hours to the production timeline. This is to ensure that you have the opportunity to review and approve the design, while still keeping the process as expedited as possible.

3. Fixed Print Locations, Areas, and Sizes: To facilitate the speed of our rush-service, print locations and sizes are predetermined and fixed. For example:

   • Mugs: Imprinting is only available on the left side of the handle.
   • Bottles: Printing is centered at the mid-section.

4. Quality Assurance: Despite the expedited nature of rush-services, we maintain our commitment to quality. All products are subject to our standard quality assurance processes to ensure they meet your expectations.

5. Order Cancellation and Modification Policy: Due to the rapid processing of rush orders, cancellations or modifications are not possible once the order has been confirmed.

6. Delivery Timeframes: Our rush-service aims to dispatch products within 24-48 hours of order confirmation. However, please consider that shipping times may vary based on your location and the carrier's schedule.

7. Rush-Service Fees: Rush orders incur an additional service fee, which will be clearly communicated and agreed upon at the time of order placement.

By opting for our rush-service, you acknowledge and agree to these terms.

SECTION 30: STORAGE MANAGEMENT

For certain programs such as Swag Boxes, Yeti & Stanley Gifting Programs, and other similar initiatives, which may require storage of products for future distribution. We offer storage services to accommodate these needs. However, in order to maintain efficient operations and avoid unnecessary costs, we reserve the right to charge a storage fee if products remain unshipped or unordered for more than six (6) months from the date of purchase.

The storage fee will be calculated based on the products' dimensions, weight, and quantity and will be charged until the products are fully shipped out.

We kindly request that all inventory be cleared within this timeframe to avoid these additional charges. If you have any concerns or require further clarification about storage fees or any other terms, please feel free to contact us.

SECTION 31: LONG-TERM SHIPPING POLICY

For long-term projects or programs which require storage management that require extended shipping arrangements, please note that shipping costs are subject to change based on prevailing market conditions, after the first (6) months of ordering. As shipping rates can fluctuate due to factors such as fuel prices, transportation demand, and other external factors, we reserve the right to adjust shipping fees accordingly.

CONCLUSION

By placing an order with GiftAFeeling, you agree to our Terms of Service, Content Policy, Fulfillment Policy, Fulfillment Prioritization Policy, Color Matching Disclaimer, Print Size Variation Policy, Storage Management Policy and Return and Refund Policy.