Terms of service

Welcome to Peanut Gift Company! The terms “we”, “us” and “our” refer to Peanut Gift Company. Peanut Gift Company operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Peanut Gift Company is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, Refund Policy, and Shipping Policy. If you do not agree to these Terms of Service or those policies, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the device you use and your device settings and configuration.

Many of our products are made to order and fulfilled by third-party print partners. This means each item is produced specifically for you after your order is placed, and minor variations in print placement, size, and color may occur compared to on-screen mockups.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Peanut Gift Company reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Peanut Gift Company confirms acceptance. We must receive and process your payment before your order is accepted.

Because many of our products are made to order and enter production shortly after purchase, we may be unable to accommodate cancellation or change requests after an order has been accepted or sent to production.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return, replacement, or refund solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes or shipping charges.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, and (iii) you will pay charges incurred by you at the posted prices, including shipping charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We currently ship orders only within the United States.

Estimated processing and shipping times, shipping methods, and shipping costs are described in our Shipping Policy. Because our products are made to order and fulfilled by print partners, production and delivery times can vary by item and destination.

All delivery times are estimates only and are not guaranteed. We are not liable for shipping and delivery delays caused by shipping carriers, weather, or events outside our control.

Once we transfer products to the carrier, title and risk of loss pass to you.

You are responsible for providing a correct and complete shipping address. Incorrect or incomplete addresses may result in delayed or undeliverable orders, and any remedy will be handled in accordance with our Shipping Policy and Refund Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, designs, logos, and the design, selection, and arrangement thereof, are owned by Peanut Gift Company, its affiliates, licensors, or content suppliers and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except as permitted by law.

Nothing in these Terms grants you any right, title, or license to any trademark, copyright, or other intellectual property of Peanut Gift Company, Shopify, or any third party. All rights not expressly granted herein are reserved.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third party’s policies and practices before you engage in any transaction.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Peanut Gift Company is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Peanut Gift Company. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Peanut Gift Company, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Peanut Gift Company.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here: https://www.shopify.com/legal/privacy/app-users.

By using the Services, you acknowledge that you have read these privacy policies.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback, and (ii) your Feedback will comply with these Terms.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, for any unlawful, fraudulent, abusive, malicious, or unauthorized purpose, including to infringe intellectual property rights, harass others, transmit malware, collect personal information of others, spam, scrape, or interfere with the functionality or security of the Services.

We reserve the right to suspend, disable, or terminate your access to the Services if we determine that you have violated these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The sections relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive termination will continue to apply following any termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.