These Conditions of Use govern your use of BalliGifts.com . When you visit or shop BalliGifts.com you consent and agree to these terms. Please read them carefully.
- Electronic Communications. When you visit BalliGifts.com , send us emails or visit the website, you are communicating with us electronically and consent to receive communications from us electronically. We may communicate with you by email, text, facsimile or by posting notices on this website. You agree that all notices, disclosures, agreements or other communications we provide electronically satisfy any legal requirement that such communications be in writing.
- Intellectual Property. "All our products are provided by third parties. If you think any of our products is in violation of any US regulation, please send us an email to firstname.lastname@example.org in order to review the case and remove it from our site if the claim is valid."
- Acceptance and Delivery of Orders. During the Free Shipping Period, BalliGifts will send the package using a First Class shipping way. We also will provide a tracking #.
- Payment Terms. Payment shall be due and payable at the time you submit your order unless otherwise specified. If, for any reason, you have a past due balance remaining unpaid, it will be subject to a delinquency charge at the maximum rate permitted by law, and you agree to pay all our costs of collection of past due amounts including, but not limited to, attorney fees and court costs.
- Claims and Risk of Loss. For any merchandise which is defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise, we will elect to either repair, replace, or refund the purchase price. When making such a claim, you must submit both the original packing slip and the defective merchandise itself (or a sample thereof), unless these conditions are waived by us in writing. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof. Any refund for merchandise shall not include shipping and handling or other fees. At our discretion, we may charge a restocking fee, not to exceed twenty-five percent (25%) for returned merchandise. You bear all risk of loss from the time the merchandise is loaded onto common carrier to be shipped to you, regardless of whether you pay freight.
- Disclaimer, Exclusion of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR WITH RESPECT TO ANY APPROVALS, CHARACTERISTICS, INGREDIENTS, BENEFITS, USES, STANDARDS, QUALITY OR GRADE OF ANY MERCHANDISE, OR ARISING BY CUSTOM OR TRADE USAGE AND, SPECIFICALLY, MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED, EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN PARAGRAPH 6 HEREIN CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY US AND IS IN LIEU OF ALL OTHER WARRANTIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE. OUR AGGREGATE LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU.
- Nonwaiver of Default. Each shipment made under any order submitted by you on this website will be treated as a separate transaction, but we reserve the right to decline to make further shipments or accept further orders without in any way affecting our rights under any order. If, despite a your default, we elect to continue to make shipments, or accept further orders from you, such action(s) shall not constitute a waiver of any default, or in any way affect our legal or equitable remedies for any such default, or of any default at any prior or subsequent time.
- Amendments. No amendment, modification or addition to these terms and conditions shall be binding unless expressly agreed to in a writing signed by us.
- Dispute Resolution. In the event of any dispute concerning the use of this website or any order placed on this website, you consent to and agree that any state or federal court in Douglas County, Nebraska shall have personal and subject matter jurisdiction over you and this Agreement; that Nebraska has the most significant contacts with the use of this website, to the exclusion of any other state; and that any legal dispute brought by either of us relating to the use of this website will be instituted exclusively in Douglas County, Nebraska. You agree that all claims, disputes or controversies shall be resolved individually and not as part of any class action or class arbitration and the right to commence or participate in any class proceedings is specifically waived by you.
- Personalized Product. If your order includes personalization of product or the printing or other reproduction of trademarks, service marks, trade names, logos, messages or business symbols (“Marks”), you grant to us the non-exclusive right and license to use such Marks on the products and to cause the products to be produced with the Marks. You further grant permission and consent to our use of a photograph or other likeness of the finished products for purposes of advertising or promoting our business relating to such personalization production work and merchandise sales. We shall have no right, title or other interest in the Marks. You represent and warrant that you own the Marks and are authorized to license the Marks to us. You agree to indemnify and hold us harmless from any loss, liability, damage, claims, demands, actions, costs or expense of any nature (including attorney fees) arising out of or in any manner connected with your or our use of the Marks. We reserve the right to reject or rescind any order for personalized product in our sole discretion.
- Indemnification. You agree to provide us with written notice prior to placing any order if you intend to distribute any product you purchase from us into the state of California and you acknowledge and agree that any such distribution of product into the state of California may require appropriate Proposition 65 (Title 22 of the California Code of Regulations) warning labels. If you fail to provide such notice or fail to provide appropriate Proposition 65 warnings and distribute any product into the state of California, you agree to indemnify, defend and hold us harmless from and against any and all costs, damages, liability and expenses (including attorney fees) arising out of any alleged Proposition 65 violations.
Typographical Errors & Omissions
While BalliGifts tries very hard to ensure the accuracy of the information on our websites, in our database, and publications, we are not responsible for vendor availability, typographical errors, technical inaccuracies, product pricing errors, or omissions. BalliGifts has the right to cancel any orders placed for any product listed at an incorrect price or shown with incorrect information, whether due to typographical error or otherwise and whether or not your order was accepted or your credit card charged. Upon any such cancellation, if your credit card has already been charged for the purchase, BalliGifts will promptly issue a full credit to your account.
- Miscellaneous. Any waiver by us of any policy, term or condition applicable to your use of this website shall not constitute a waiver of any other policy, term or condition. These terms and conditions shall be construed under and governed by the substantive laws and not the choice of law rules of the state of California.