Terms of Service
1. Introduction & Acceptance of Terms
Welcome to Giftsegg.com (the “Site”). These Terms of Service (“Terms”) govern your access to and use of the Site, operated by Debrah Arriola LLC (“Giftsegg,” “we,” “us,” or “our”), and the purchase of apparel and related products (“Products”) offered through the Site.
By accessing the Site, creating an account, browsing, or purchasing Products, you confirm that you have read, understood, and agree to be bound by these Terms. These Terms also incorporate by reference our Privacy Policy, Shipping Policy, and Refund & Return Policy. If you do not agree with these Terms or any incorporated policy, please do not use the Site or purchase our Products.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site following the posting of changes constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.
2. Use of the Site
Giftsegg grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only, in strict accordance with these Terms. You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, or impair the Site or interfere with any other user’s enjoyment of the Site.
3. Accounts
Certain features of the Site may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep this information updated. You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify Giftsegg immediately if you suspect any unauthorized use of your account.
4. Product Information, Availability, and Made-to-Order Nature
We strive to provide accurate information about our Products on the Site, including descriptions, materials (such as 90% combed ring-spun cotton, 90/10 cotton/poly blends, 90% organic cotton), sizing guides, pricing, and images. However, we do not warrant that all information is entirely accurate, complete, reliable, current, or error-free. Colors may appear differently based on your monitor settings.
Made-to-Order: Please understand that Giftsegg Products are created specifically for you (“made-to-order”) through our trusted production partners after your order is submitted. This allows us to offer unique designs efficiently and helps minimize waste. Estimated production lead times are described in our Shipping Policy.
Availability: All Products are offered subject to availability, which can change without notice. We reserve the right to limit the quantity of Products purchased per order, per customer, or per household, and to discontinue any Product at any time.
Pricing Errors: In the event that a Product is listed at an incorrect price due to a typographical error or other mistake, Giftsegg shall have the right to refuse or cancel any orders placed for the Product listed at the incorrect price. This right applies even if the order has been confirmed and your payment method has been charged. If your payment has already been processed for the purchase and your order is canceled, we will issue a credit to your original payment method in the amount of the incorrect price.
5. Orders, Payment, and Order Acceptance
Placing an Order: By placing an order through our Site, you are making an offer to buy the selected Product(s) under these Terms.
Payment: You agree to provide current, complete, and accurate payment and account information for all purchases made. By providing your payment information, you authorize us (or our designated third-party payment processor) to charge your selected payment method for the total amount of your order, including the price of the Product(s), plus any applicable taxes and shipping fees.
Order Confirmation: After placing an order, you may receive an automated email acknowledging that we have received your order. This email does not constitute acceptance of your order.
Order Acceptance: Our acceptance of your order will take place only when we ship the Product(s) ordered or send you an explicit email confirmation stating that the order has been accepted and is being prepared for shipment. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in product or pricing information, or issues identified by our fraud detection systems. We may require additional verification or information before accepting any order.
6. Shipping Policy
All purchases from Giftsegg are subject to our Shipping Policy, which can be found here: Shipping Policy Page. Our Shipping Policy details information about our made-to-order production timelines, shipping methods (including the use of carriers like USPS, UPS, DHL), estimated delivery times, shipping costs (if applicable), order tracking, and international shipping considerations (such as customer responsibility for customs duties and taxes). Risk of loss and title for items purchased from Giftsegg pass to you upon our delivery of the items to the shipping carrier.
7. Refund & Return Policy
Our policies regarding returns, exchanges, and refunds are detailed in our Refund & Return Policy, available here: Refund & Return Policy Page. Please review this policy carefully to understand the conditions under which returns are accepted, the timeframe for initiating a return, the required condition of returned items, how return shipping costs are handled, and the process for receiving a refund or exchange.
8. Intellectual Property Rights
All content included on or comprising the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, software, and unique designs, is the property of Giftsegg (Debrah Arriola LLC) or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Giftsegg name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Debrah Arriola LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Giftsegg.
9. Prohibited Uses
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, state, or local regulations, rules, laws, or 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; (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 Site or any related website. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
10. Disclaimer of Warranties
Your use of the site and the products offered is at your sole risk. The site and all products and services delivered to you through the site are 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, except as expressly stated by us. Giftsegg does not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free.
11. Limitation of Liability
In no event shall Giftsegg, Debrah Arriola LLC, 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 the site or any products procured using the site, or for any other claim related in any way to your use of the site or any product. This includes, but is 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 site or any content (or product) posted, transmitted, or otherwise made available via the site, 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. our total aggregate liability arising out of or related to these terms shall not exceed the greater of one hundred U.S. Dollars ($100.00) or the amount you paid for the product(s) giving rise to the claim.
12. Indemnification
You agree to indemnify, defend and hold harmless Giftsegg, Debrah Arriola LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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.
13. Governing Law and Jurisdiction
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 the State of Texas, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Taylor County, Texas, United States, and you irrevocably consent to the personal jurisdiction and venue in such courts.
14. 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.
15. Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service (including, but not limited to, the Privacy Policy, Shipping Policy, and Refund & Return Policy) constitute the entire agreement and understanding between you and Giftsegg 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 any prior versions of the Terms of Service).
16. Contact Information
Questions about these Terms of Service should be sent to us using the following information:
Address: 1242 Buccaneer Dr, Abilene, Tx 79605, United State.
Email Us: [email protected]
Phone: +1 (919) 666-2111