Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Warmly Gifts. Throughout the site, the terms “we,” “us,” and “our” refer to Warmly Gifts. Warmly Gifts offers this website, including all information, tools, products, and services available from this site to you, conditioned upon your acceptance of these Terms of Service.
By visiting our website and/or purchasing something from us, you agree to be bound by these Terms of Service, including any additional terms and policies referenced herein or available through links on our website.
Please read these Terms of Service carefully before using our website or placing an order.
1. ONLINE STORE TERMS
By using our website, you represent that you are at least the age of majority in your state or place of residence, or that you have given consent for any minor dependents to use this website under your supervision.
You may not use our products or services for any unlawful or unauthorized purpose, nor may you violate any applicable laws while using our website.
2. PRODUCTS AND PERSONALIZATION
Many products sold by Warmly Gifts are personalized and made to order based on information provided by the customer.
Customers are responsible for carefully reviewing all personalization details before submitting an order, including names, dates, photos, text, colors, designs, product options, and other customized information.
We produce personalized products according to the information submitted with the order. We are not responsible for errors resulting from incorrect information provided by the customer, including spelling errors, incorrect names, dates, photos, addresses, or other personalization selections.
Product images and mockups are provided for illustration purposes. Due to differences in screen displays, materials, printing methods, and production processes, minor variations in color, positioning, size, or appearance may occur.
3. PRODUCT INFORMATION AND AVAILABILITY
We make every reasonable effort to display product descriptions, images, pricing, and availability as accurately as possible.
We reserve the right to modify or discontinue products, designs, personalization options, prices, or other features at any time without prior notice.
We also reserve the right to limit quantities or refuse an order when reasonably necessary, including in cases of suspected fraud, pricing errors, technical errors, or product unavailability.
4. PRICES AND PAYMENT
All prices displayed on our website are shown in U.S. dollars (USD) unless otherwise stated.
Applicable taxes may be calculated and added at checkout where required.
By submitting payment information, you represent that you are authorized to use the payment method provided and authorize the applicable charges associated with your order.
We reserve the right to correct pricing or other errors and to cancel or refund an order affected by an obvious pricing or technical error.
5. ORDER ACCEPTANCE
After placing an order, you may receive an order confirmation. This confirmation acknowledges that we have received your order but does not necessarily mean that the order has entered production.
We reserve the right to cancel or refuse an order when reasonably necessary, including because of product availability, payment issues, suspected fraud, incorrect pricing, technical errors, or other circumstances that prevent us from fulfilling the order.
If we cancel an order after payment has been successfully processed and no replacement or alternative arrangement is agreed upon, the applicable payment will be refunded.
6. ORDER CHANGES AND CANCELLATIONS
Because personalized products may enter production shortly after an order is placed, requests to modify or cancel an order are not guaranteed.
If you need to change or cancel your order, please contact us as soon as possible at support@warmlygifts.com.
If production has not yet started, we will do our best to accommodate your request. Once an order has entered production, it may no longer be possible to modify or cancel it.
Additional information is available in our Return & Refund Policy.
7. SHIPPING AND DELIVERY
We currently ship within the United States only.
Estimated delivery times, shipping costs, tracking information, address requirements, and procedures for delayed or lost packages are described in our Shipping Policy.
Delivery dates are estimates and are not guaranteed. Shipping or delivery may occasionally be affected by carrier delays, severe weather, holidays, high order volume, or other circumstances outside our reasonable control.
Customers are responsible for providing a complete and accurate shipping address when placing an order.
8. RETURNS, REFUNDS, AND REPLACEMENTS
Because personalized products are made specifically for each customer, we generally do not accept returns or exchanges due to change of mind, incorrect personalization submitted by the customer, or selection of the wrong product or option.
Damaged, defective, misprinted, or incorrect products may be eligible for a replacement or refund in accordance with our Return & Refund Policy.
Please review our Return & Refund Policy for complete details.
9. THIRD-PARTY SERVICES
We may use third-party service providers to operate our store, process payments, personalize or manufacture products, fulfill orders, provide shipping and tracking, analyze website activity, communicate with customers, and provide other services necessary to operate our business.
Certain information may be shared with these providers when necessary to process and fulfill your order or provide our services, subject to our Privacy Policy and applicable law.
Our store is hosted by Shopify, which provides the e-commerce platform that enables us to offer our products and services to you.
10. THIRD-PARTY LINKS
Our website may contain links to third-party websites or services that are not owned or controlled by Warmly Gifts.
We are not responsible for the content, accuracy, privacy practices, availability, or policies of third-party websites. Accessing third-party websites is at your own discretion and subject to their respective terms and policies.
11. INTELLECTUAL PROPERTY
Unless otherwise stated, the content available through this website, including text, graphics, logos, product designs, images, and other materials owned by Warmly Gifts, may not be copied, reproduced, distributed, or commercially used without permission.
12. CUSTOMER-SUBMITTED CONTENT
When you upload or submit photos, names, text, images, designs, or other content for personalization, you represent that you have the necessary rights or permission to use and submit that content for the purpose of creating your order.
You grant us and our service providers permission to use the submitted content solely as reasonably necessary to process, produce, fulfill, and support your order.
You may not submit content that is unlawful, infringing, abusive, hateful, defamatory, obscene, or otherwise violates the rights of another person.
We reserve the right to refuse or cancel an order containing content that we reasonably believe violates these requirements.
13. PROHIBITED USES
You may not use our website or services to engage in unlawful activity, violate intellectual property rights, transmit malicious code, interfere with the security or operation of the website, attempt unauthorized access to our systems, submit fraudulent information, or otherwise misuse our services.
14. DISCLAIMER OF WARRANTIES
We make reasonable efforts to provide accurate information and reliable services. However, except as required by applicable law, our website and services are provided on an “as is” and “as available” basis.
We do not guarantee that access to our website will always be uninterrupted, secure, or error-free.
Nothing in these Terms excludes or limits any rights or warranties that cannot lawfully be excluded or limited under applicable law.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Warmly Gifts will not be liable for indirect, incidental, special, consequential, or similar damages arising from the use of our website or services.
Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is prohibited by applicable law.
16. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Warmly Gifts from claims, losses, liabilities, and reasonable expenses arising from your unlawful use of our services, your violation of these Terms, or content you submit that infringes the rights of another person.
17. PRIVACY
Your submission of personal information through our website is governed by our Privacy Policy.
Please review our Privacy Policy for information about how we collect, use, disclose, and protect personal information.
18. SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the remaining provisions will continue in effect.
19. CHANGES TO THESE TERMS
We reserve the right to update or modify these Terms of Service from time to time.
Any changes will be posted on this website. Your continued use of the website after changes become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
20. GOVERNING LAW
These Terms of Service and any separate agreements through which we provide services will be governed by and construed in accordance with the laws applicable to Warmly Gifts, subject to any mandatory consumer protection laws that may apply to you.
21. DISCLAIMER
This store is integrated with the Western Bid™ e-commerce platform, and Western Bid, Inc. is the Merchant of Record for all purchases made in this store. Therefore, you will see "WESTERN BID" listed as the payee on your PayPal account and credit card statement.
22. CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Warmly Gifts
Email: support@warmlygifts.com
Nezalezhnosti Street, 108, Berestechko, Volyn Oblast, 45765, Ukraine.