Terms & Conditions

Website: www.gifttree.us
Business Name: Gift Tree / GiftTree / Gift Tree USA / we / us / our

These Terms & Conditions govern your access to and use of our website, including any purchase of products through www.gifttree.us and any related pages, services, features, or content made available by us. By accessing our website, creating an account, or placing an order, you agree to be bound by these Terms & Conditions and our Privacy Policy.

If you do not agree, you must not use this website.

1. Eligibility and Use of Website

You may use this website only if you are legally capable of entering into a binding contract under applicable law. By using the website or placing an order, you represent and warrant that:

• you are at least 18 years old or the age of majority in your state of residence;
  
• all information you provide is accurate, current, and complete;
  
• you are authorized to use the payment method submitted; and
  
• your use of the website does not violate any law, regulation, or third-party right.
  

We reserve the right to refuse service, suspend access, cancel orders, or terminate accounts at our sole discretion where we suspect fraud, abuse, unauthorized activity, policy violations, or conduct that exposes us to risk.

2. Business Model and Fulfillment Structure

Gift Tree operates using a hybrid retail and supplier-fulfillment model. Some products may be stocked directly by us, while others may be sourced or fulfilled through third-party suppliers, distributors, warehouses, or logistics partners.

By placing an order, you acknowledge and agree that:

• product availability may depend on supplier inventory and fulfillment status;
  
• products may ship from different warehouses or fulfillment partners;
  
• a single order may arrive in multiple packages;
  
• product packaging, presentation, branding, or labeling may vary depending on source or supplier; and
  
• we do not manufacture every product sold on the website and do not physically inspect every item prior to shipment.

3. Product Listings, Images, Specifications, and Availability

We make reasonable efforts to present product titles, descriptions, images, specifications, dimensions, colors, materials, and availability as accurately as possible. However:

• product photos, mock-ups, renderings, and lifestyle images are for illustrative purposes only;
  
• actual products may differ from images due to supplier updates, production changes, packaging revisions, lighting, screen display settings, batch variation, or other operational reasons;
  
• dimensions, color tone, finish, texture, fabric, materials, accessories, and minor design features may vary;
  
• props, decorations, or display elements shown in images are not included unless expressly stated.
  

We do not guarantee that any delivered product will be identical in every respect to the product listing, image, or packaging shown on the website.

All products are offered subject to availability. We reserve the right to change, discontinue, remove, or update products, descriptions, pricing, images, or specifications at any time without prior notice.

4. Product Sourcing, Variations, and Substitute Fulfillment

Because we source products from multiple suppliers, we reserve the right, at our sole discretion, to fulfill an order using the same product or a substantially similar product from an alternate supplier where necessary due to:

• stock shortage;
  
• supplier unavailability;
  
• manufacturing updates;
  
• discontinued items;
  
• packaging or branding changes;
  
• logistics constraints;
  
• import restrictions;
  
• shipping limitations; or
  
• other operational circumstances beyond our reasonable control.
  

Permitted variations may include changes in:

• branding;
  
• packaging;
  
• labels;
  
• color tone;
  
• finish;
  
• pattern placement;
  
• material composition;
  
• minor design details;
  
• dimensions within reasonable manufacturing tolerances;
  
• accessories included; and
  
• supplier presentation.
  

Where reasonably practicable, we may notify you of a significant supply issue or substitution before dispatch. However, prior notice is not guaranteed in every case, particularly where a substantially similar substitute is supplied in order to complete the order efficiently.

A product will not be considered defective, misrepresented, or not as described solely because of a reasonable supplier-related variation permitted under these Terms, provided the item remains of substantially similar type, intended use, and approximate value.

5. Orders and Acceptance

When you place an order, you are making an offer to purchase the selected product(s) subject to these Terms. Receipt of an order confirmation email does not mean that your order has been accepted. It only confirms that we have received your order request.

Your order is accepted only when we send a dispatch confirmation or otherwise expressly confirm acceptance.

We reserve the right, at any time before or after payment, to:

• refuse or cancel any order;
  
• limit quantities;
  
• split shipments;
  
• require additional verification;
  
• decline transactions;
  
• substitute substantially similar items in accordance with these Terms; or
  
• cancel all or part of an order due to stock, supplier, payment, fraud, pricing, shipping, legal, or operational issues.
  

6. Pricing and Currency

All prices displayed on the website are in U.S. Dollars (USD) unless otherwise stated.

We reserve the right to correct pricing errors, product information errors, typographical errors, shipping errors, and promotional errors at any time without prior notice. If an error affects your order, we may cancel the order, refuse the order, or contact you with the option to proceed at the corrected price.

Prices may change at any time before order acceptance. Sales tax, shipping fees, duties, handling charges, or other amounts may be added at checkout where applicable.

7. Payment

By submitting payment information, you represent and warrant that:

• the payment method is valid and authorized;
  
• you are the authorized holder or have lawful authority to use it; and
  
• you authorize us and our payment processors to charge the total amount of the order, including taxes, shipping, and any approved additional charges.
  

All payments are subject to verification, fraud review, authorization, and approval by the payment provider.

If payment is declined, reversed, disputed, charged back, or otherwise not completed, we may suspend fulfillment, cancel the order, recover losses, and refuse future transactions to the extent permitted by law.

8. Shipping, Delivery, and Risk

We ship only to destinations we choose to service. We may refuse shipments to certain addresses, regions, product categories, or order types at our discretion.

Estimated shipping and delivery dates are estimates only. They are not guaranteed. Delays may occur due to:

• supplier processing times;
  
• courier delays;
  
• weather conditions;
  
• customs or border issues;
  
• address verification issues;
  
• remote-area delivery limitations;
  
• carrier disruptions; or
  
• events beyond our reasonable control.
  

Tracking may not be available for all products or shipment segments.

You are responsible for providing a complete and accurate shipping address. If an order is delayed, returned, lost, refused, or misdelivered due to address errors or omissions provided by you, we may require payment of additional shipping and handling fees before reshipment.

Risk of loss and title pass to you upon delivery to the shipping address provided, or as otherwise permitted by applicable law.

The current site already says tracking may not always be available and that timing is estimated, but it overreaches by broadly disclaiming responsibility after shipment.

9. Split Shipments and Third-Party Fulfillment

Products in the same order may be shipped separately and may arrive on different dates. Shipments may come from third-party warehouses, suppliers, or fulfillment agents.

Packaging, labels, return sender details, courier names, dispatch origin, or branding appearing on the parcel may differ from what appears on the website or from your expectations due to our supplier and fulfillment arrangements.

10. Cancellations

We may cancel an order or any part of an order before shipment for any lawful reason, including product unavailability, pricing error, shipping restriction, fraud concern, payment verification issue, or supplier problem.

If you request cancellation, we will try to accommodate the request, but cancellation is not guaranteed once order processing, supplier sourcing, label creation, or shipment preparation has begun.

If we cancel an order after payment has been received, we may issue a refund, store credit, exchange option, or other lawful remedy at our discretion, subject to applicable law.

11. Returns, Exchanges, Refunds, and Store Credit

11.1 General Returns Process

To request a return, exchange, replacement, refund, or store credit, you must contact us within the return period stated on the website or, if none is stated, within a reasonable time after delivery.

We may require:

• order number;
  
• proof of purchase;
  
• photographs or video of the item and packaging;
  
• a description of the issue; and
  
• any other information reasonably necessary to assess the claim.
  

11.2 Change-of-Mind Returns

Unless required by law or expressly stated otherwise on the website, change-of-mind returns are not guaranteed.

If we agree to accept a change-of-mind return:

• the item must be unused, unwashed, undamaged, and in saleable condition;
  
• original tags and packaging must be intact where relevant;
  
• return shipping is at your expense; and
  
• original shipping charges are non-refundable unless required by law.
  

We may issue approved non-defect returns as store credit rather than a cash refund unless applicable law requires otherwise.

11.3 Non-Returnable Items

Unless required by law, we may refuse returns for:

• final sale or clearance items;
  
• personalized or custom-made goods;
  
• perishable items;
  
• hygiene-sensitive products;
  
• intimate apparel;
  
• consumable products;
  
• opened beauty or skincare items; or
  
• items excluded by the product listing.
  

11.4 Defective, Damaged, Incorrect, or Materially Not-as-Described Items

If you believe an item is materially defective, materially damaged on arrival, or materially inconsistent with the core function of the product listing, you must notify us promptly and provide supporting evidence.

If we determine that the item is genuinely defective, materially damaged, or materially inconsistent with the core product description, we may, at our option and subject to applicable law:

• replace the item;
  
• provide a substantially similar replacement;
  
• repair the item where applicable;
  
• issue store credit; or
  
• issue a refund to the original payment method or another lawful refund method.
  

For clarity, an item will not be considered defective, not as described, or misrepresented solely because of reasonable supplier-related variations permitted under Section 4.

11.5 Return Shipping

Unless required by law, return shipping costs are your responsibility except where we confirm that the item is defective, materially damaged on arrival, or materially incorrect.

We recommend tracked return shipping. We are not responsible for return parcels lost in transit back to us.

12. Store Credit

Where we issue store credit, it may be subject to:

• an expiration date where permitted by law and disclosed at issue;
  
• use only on our website;
  
• non-transferability unless otherwise stated; and
  
• cancellation or reversal if issued in error, obtained fraudulently, or tied to a reversed payment.
  

13. Chargebacks and Payment Disputes

Before initiating a chargeback or payment dispute, you agree to contact us and provide a reasonable opportunity to review your concern.

If you initiate a chargeback or payment dispute, we may provide these Terms, product records, supplier records, correspondence, and shipment records to the payment processor, bank, or card issuer in response.

If a chargeback is decided in our favor, we reserve the right to recover related fees, losses, and administrative costs to the extent permitted by law.

14. Product Legality and Restricted Goods

You are responsible for ensuring that any product ordered is lawful to possess, import, receive, or use in your state, county, or municipality.

We reserve the right to cancel any order involving a product that is restricted, prohibited, or impractical to ship to your location.

If we identify a legal, regulatory, or carrier restriction affecting a product, we may cancel the sale, remove the listing, or refuse shipment without liability except as required by law.

This replaces the current overbroad attempt to disclaim responsibility for legality while also discussing New Zealand agencies and customs.

15. Website Use Restrictions

You agree not to:

• use the website for unlawful or fraudulent purposes;
  
• interfere with security, functionality, or performance;
  
• scrape, copy, or reproduce website content without authorization;
  
• upload malicious code or spam;
  
• impersonate another person;
  
• submit false order or account information; or
  
• harass, abuse, threaten, or defame our staff or service providers.
  

We may suspend or terminate access and cancel related orders where we reasonably believe this section has been breached.

16. Intellectual Property

All content on the website, including text, product descriptions, graphics, logos, images, videos, icons, code, layout, branding, and design elements, is owned by us or licensed to us and is protected by intellectual property laws.

You may not copy, reproduce, republish, distribute, display, modify, reverse engineer, or commercially exploit any website content without our prior written consent.

17. Reviews, Feedback, and User Content

If you submit reviews, comments, photographs, testimonials, suggestions, or other content to us or through the website, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to use, reproduce, modify, publish, distribute, display, and adapt that content for business purposes.

You represent that any content you submit is lawful, accurate, non-infringing, and not misleading, defamatory, abusive, or obscene.

We reserve the right to remove, refuse, moderate, or edit user content at our discretion.

18. Privacy

Your use of the website is also governed by our Privacy Policy.

We may collect, use, store, and disclose personal information for order processing, shipping, fraud prevention, customer support, analytics, legal compliance, and operational purposes.

We may share necessary customer information with payment processors, shipping providers, fulfillment partners, suppliers, service providers, or legal authorities where reasonably necessary to operate the business or comply with law.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

• THE WEBSITE WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE;
  
• PRODUCT LISTINGS WILL ALWAYS BE COMPLETE OR CURRENT;
  
• PRODUCTS WILL BE IDENTICAL TO WEBSITE IMAGES IN EVERY RESPECT; OR
  
• SHIPMENTS WILL ARRIVE ON A PARTICULAR DATE.
  

NOTHING IN THESE TERMS EXCLUDES ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SAVINGS, OPPORTUNITY, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO:

• USE OF THE WEBSITE;
  
• ANY PRODUCT PURCHASED THROUGH THE WEBSITE;
  
• SHIPPING DELAYS, CARRIER ISSUES, OR CUSTOMS HOLDS;
  
• THIRD-PARTY SUPPLIER ACTIONS OR OMISSIONS;
  
• PRODUCT VARIATIONS PERMITTED UNDER THESE TERMS; OR
  
• WEBSITE ERRORS, OUTAGES, OR SECURITY INCIDENTS.
  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO A PRODUCT OR ORDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE RELEVANT PRODUCT OR ORDER.

NOTHING IN THESE TERMS LIMITS LIABILITY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.

21. Indemnification

You agree to defend, indemnify, and hold harmless Gift Tree and its owners, officers, employees, contractors, affiliates, suppliers, agents, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your breach of these Terms;
  
• your misuse of the website;
  
• your violation of law or third-party rights; or
  
• any false, unauthorized, or misleading information submitted by you.
  

22. Third-Party Services and Links

The website may contain links to third-party websites, services, or platforms. We do not control and are not responsible for the content, privacy practices, terms, products, or services of third parties.

Your use of third-party services is at your own risk and may be governed by separate third-party terms.

23. Force Majeure

We are not liable for any delay, failure, or interruption caused by events beyond our reasonable control, including natural disasters, severe weather, carrier failures, supplier disruptions, cyber incidents, customs holds, labor disputes, pandemic impacts, governmental action, power outages, or other force majeure events.

24. Changes to Terms

We may revise these Terms & Conditions at any time by posting an updated version on the website. The revised version becomes effective upon posting unless otherwise stated.

Your continued use of the website after revised Terms are posted constitutes acceptance of the updated Terms.

25. Governing Law and Venue

These Terms & Conditions are governed by the laws of the State of [Insert State], without regard to conflict-of-law principles, and applicable federal laws of the United States.

Any dispute arising out of or relating to these Terms, the website, or any transaction with us shall be brought exclusively in the state or federal courts located in [Insert County, State], and you consent to the personal jurisdiction and venue of those courts, except where consumer protection law requires otherwise.

26. Arbitration and Class Action Waiver

Optional stronger U.S. version if you want added protection:

Any dispute, claim, or controversy arising out of or relating to these Terms, the website, or any transaction with us shall be resolved by binding individual arbitration, except for claims eligible for small claims court.

You agree to waive any right to participate in a class action, class arbitration, or representative proceeding.

If you want, I can build this clause properly with opt-out language and state-specific cleanup.

27. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect.

28. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Returns Policy, and any additional policies expressly incorporated by reference, constitute the entire agreement between you and us regarding the website and all purchases made through it.

29. Contact Information

For questions about these Terms & Conditions, contact:

Gift Tree USA
Email: sales@gifttree.us
Website: www.gifttree.us