Terms of Service

Last updated: September 4, 2025

These Terms of Service (the “Terms”) are a legal agreement between you (“you,” “your,” or the “Customer”) and PicPerfectGifts (the “Company,” “we,” “us,” or “our”) governing your access to and use of our website, mobile site, and related services, including purchasing our products (collectively, the “Site”). By accessing or using the Site, creating an account, or completing a purchase, you agree to be bound by these Terms and our Privacy Policy and Return & Guarantee Policy (collectively, the “Policies”). If you do not agree, do not use the Site.

Arbitration & Class Action Waiver. Except for certain types of disputes described below, you agree that disputes between you and us will be resolved by binding, individual arbitration, and you waive your right to participate in a class action or class arbitration. See Section 17.

1) Eligibility & Account

  • Eligibility. You must be at least the age of majority in your state/country (and at least 18) to use the Site or place orders.

  • Accounts. You may create a customer account to view orders, save addresses, etc. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. We may suspend or terminate accounts for suspected fraud, abuse, or violation of these Terms.

  • Shop Pay / Third‑Party Login. If you use Shop Pay or other third‑party login or wallet services, your use is also subject to those providers’ terms.

2) Changes to Terms

We may update these Terms from time to time. The “Last updated” date above indicates when the Terms were last revised. Material changes will be posted to the Site and, where required, we’ll provide additional notice. Your continued use of the Site after changes become effective constitutes acceptance.

3) Orders, Pricing, & Payment

  • Offer & Acceptance. Prices and availability are an invitation to deal; your order is an offer to buy. We accept by processing your payment and beginning fulfillment. We may cancel or refuse any order (e.g., suspected fraud, pricing errors, unavailable items).

  • Taxes & Fees. You are responsible for applicable sales, use, VAT/GST, duties, or other taxes/fees not collected at checkout.

  • Payments. We accept the payment methods shown at checkout (processed by third‑party gateways). You authorize us and our payment processors to charge your chosen method for the order total.

  • Anti‑Fraud. Orders may be delayed or canceled pending verification.

4) Customized / User Content

Many of our products are customized using images or text you submit (“User Content”). You represent and warrant that you own or have all necessary rights to the User Content and that it does not infringe or violate any third‑party rights, privacy/publicity rights, or applicable law. You agree not to submit content that is unlawful, obscene, hateful, harassing, or otherwise objectionable.

License. Solely to produce, fulfill, advertise, and support your order(s) and to operate and improve the Site, you grant us a non‑exclusive, worldwide, royalty‑free license to host, reproduce, modify (e.g., resize/crop), transmit, display, and distribute your User Content. For UGC features (e.g., reviews tagged with your photo), and only when you explicitly consent (e.g., via hashtag or checkbox), you also grant us a license to use your User Content for marketing on our Site, emails, and social channels, with the right to sublicense to our service providers.

Color & Quality. You acknowledge that colors and materials may vary due to screen settings, print processes, and fabric lots; minor variations are not defects. You are responsible for the resolution/quality of images you upload.

5) Shipping, Delivery, & Risk of Loss

  • Production & Delivery Estimates. Published timelines combine production and carrier transit estimates and are not guarantees. Delays may occur (e.g., weather, holidays, carrier issues).

  • Split Shipments. To speed delivery, items in the same order may ship separately from different facilities at no extra cost; you will receive separate tracking numbers.

  • Risk of Loss. Title and risk of loss pass to you upon carrier’s acceptance of the shipment. We’ll assist with carrier investigations for lost/damaged packages.

6) Returns, Reprints, & Refunds (Summary)

Please see our 100% Happiness Guarantee & Returns Policy for full details. Highlights:

  • We’ll fix issues we caused (e.g., print or manufacturing defects) with a reprint/replacement at no cost. We may not require a return in those cases.

  • If you prefer a refund, you must first return the original item. After we receive and inspect the return, we’ll refund the product price only to the original payment method. Initial shipping and return shipping costs are not refundable, unless we instruct otherwise in writing.

  • You must report issues within 30 days of delivery. Return windows and RMA instructions apply.

7) Promotions, Gift Cards, & Credits

  • Promo Codes. One code per order unless stated. Non‑transferable; no cash value; may expire. If you return an item, promotional value may be deducted.

  • Gift Cards/Store Credit. Treated as cash equivalents; lost or stolen cards may not be replaced. Gift cards/credit generally cannot be redeemed for cash except as required by law.

8) Intellectual Property; Site License

  • Ownership. The Site, its content, layout, graphics, text, and software are owned by us or our licensors and are protected by intellectual property laws. All rights not expressly granted are reserved.

  • Limited License. We grant you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Site for its intended purpose (shopping for and purchasing products) in accordance with these Terms.

  • Restrictions. You may not: copy, modify, distribute, mirror, frame, scrape, or reverse engineer the Site; access the Site via bots or automated means (other than search engines complying with robots.txt); remove proprietary notices; or use the Site to train AI or other models without our express written consent.

  • Trademarks. Our names, logos, and product names are our trademarks. Do not use them without permission. Third‑party marks belong to their owners.

9) Acceptable Use

You agree not to use the Site to: (i) violate any law; (ii) infringe intellectual property or privacy rights; (iii) transmit malware or attempt to gain unauthorized access; (iv) collect information about others without consent; (v) interfere with Site operation; or (vi) engage in any fraudulent, deceptive, or abusive activity. We may suspend or terminate access for violations.

10) Reviews & Feedback

If you submit reviews, testimonials, suggestions, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit that feedback without restriction or compensation, subject to applicable law and our Privacy Policy.

11) Third‑Party Services

The Site may link to or integrate with third‑party services (e.g., Shopify, payment processors, carriers). Those services are governed by their own terms and policies; we are not responsible for them.

12) Mobile Messaging (SMS/MMS)

If you opt in to receive marketing or transactional texts:

  • Program. Message frequency varies. Message & data rates may apply.

  • Consent. You agree to receive automated texts at the number you provide. Consent is not a condition of purchase.

  • Opt‑Out. Text STOP to cancel. Text HELP for help. We may send one final message to confirm your opt‑out.

  • Carriers. Carriers are not liable for delayed or undelivered messages.

  • Data. See our Privacy Policy for how we process phone numbers and messaging data.

13) Privacy

Our Privacy Policy explains how we collect, use, and share information. By using the Site, you consent to our data practices consistent with that policy.

14) International Orders

Customs, duties, and taxes may apply and are your responsibility. Cross‑border packages may be opened and inspected by customs. For EU/UK consumers: personalized/custom goods are typically exempt from the statutory cooling‑off right to cancel for change‑of‑mind; your rights for faulty goods remain.

15) Disclaimers

AS IS. THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, AND ACCURACY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DO NOT WARRANT UNINTERRUPTED OR ERROR‑FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ANY CLAIMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) AT ISSUE OR US$1,000, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, THE ABOVE LIMITS APPLY TO THE FULLEST EXTENT PERMITTED.

17) Dispute Resolution; Arbitration; Class Waiver

  • Informal Resolution First. Before filing a claim, you must send a written notice to support@picperfectgifts.com describing the dispute and your requested relief. If we cannot resolve within 30 days, either party may initiate arbitration.

  • Arbitration. Any dispute arising out of or relating to these Terms or the Site will be resolved by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, or by another reputable forum we mutually agree on. The arbitrator has exclusive authority to resolve disputes regarding arbitrability and the interpretation, applicability, or enforceability of this Section.

  • Venue & Governing Law. The arbitration will be conducted by video/telephone or, at your request, in the county of your billing address. These Terms are governed by the laws of the State of Ohio and applicable U.S. federal law, without regard to conflict‑of‑laws rules.

  • Class Action Waiver. Arbitration will proceed only on an individual basis. Class, consolidated, representative, or private attorney general actions are not permitted.

  • Small Claims & IP. Either party may bring an individual action in small claims court or seek injunctive relief in court for intellectual property infringement or misappropriation.

  • Opt‑Out. You may opt out of arbitration by sending a signed written notice to legal@picperfectgifts.com within 30 days of your first use of the Site or purchase.

18) California Notice (Cal. Civ. Code § 1789.3)

If you have a complaint regarding the Site, you may contact us at support@picperfectgifts.com and at the mailing address below. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952‑5210.

PicPerfectGifts
Site volt Marketing LLC
312 adelaide ave sw
Hartville, Ohio 44632
support@picperfectgifts.com

19) DMCA / IP Complaints

If you believe content on the Site infringes your copyright, please send a notice with: (i) identification of the copyrighted work; (ii) identification of the material claimed to be infringing; (iii) your contact info; (iv) a statement of good‑faith belief; (v) a statement under penalty of perjury; and (vi) your electronic/physical signature to dmca@picperfectgifts.com. We may remove content and terminate repeat infringers.

20) Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control (e.g., acts of God, extreme weather, labor disputes, internet outages, cyberattacks, epidemics, government actions, or carrier failures).

21) Assignment & Transfer

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, asset sale, or by operation of law.

22) Severability; Waiver; Entire Agreement

If any provision is found unenforceable, the remainder remains in effect. No waiver is effective unless in writing and signed by us. These Terms, together with the Policies, constitute the entire agreement between you and us and supersede all prior understandings relating to the Site.

23) Contact

Questions about these Terms?
Email: support@picperfectgifts.com
Mail: Site volt Marketing LLC, 312 adelaide ave sw, Hartville, Ohio 44632

Legal Note: This Terms template is designed for U.S. direct‑to‑consumer ecommerce with customized goods and SMS marketing, and reflects common 2025 best practices (arbitration with opt‑out, class waiver, UGC and IP clauses, split‑shipment disclosure, and refund‑after‑return policy). It is not legal advice. Please replace bracketed items with your entity details and consult counsel for your specific operations or international sales.