Terms and Conditions of Mystery Gift Online Store
Please read these Terms and Conditions (“Terms”) carefully before using the Mystery Gift online store (referred to as the “Store”). By accessing or using the Store, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions stated herein, please refrain from using the Store.
1. General
2. 1.1 The Mystery Gift Store operates as an online retailer of mystery gift items, utilising both local and international product suppliers to directly distribute the items to customers.
3. 1.2 By purchasing products from the Mystery Gift Store, you acknowledge that you have read, understood, and agreed to these Terms and any other policies or guidelines posted on the Store.
4. 1.3 Mystery Gift reserves the right to modify, update, or discontinue any aspect of the Store or these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for changes.
5. Ordering and Purchase
6. 2.1 All purchases made through the Mystery Gift Store are subject to availability and acceptance. Mystery Gift reserves the right to reject or cancel any order at any time for any reason.
7. 2.2 By placing an order, you agree to provide accurate and complete information, including your name, shipping address, and payment details. You also represent and warrant that you have the legal right to use any payment method used for the transaction.
8. 2.3 Mystery Gift reserves the right to limit or restrict the quantity of items purchased per customer or per order, without prior notice.
9. Pricing and Payment
10. 3.1 All prices displayed on the Mystery Gift Store are listed in the currency specified and include any applicable shipping, packaging, and administration fees.
11. 3.2 Mystery Gift reserves the right to change the prices of products at any time without prior notice.
12. 3.3 Payment for purchases made on the Store must be made using the available payment methods accepted by Mystery Gift.
13. 3.4 You agree to pay all charges associated with your order, including any applicable taxes or duties, as well as any additional fees imposed by your payment provider.
14. Shipping and Delivery
15. 4.1 Mystery Gift will make reasonable efforts to ensure timely shipping and delivery of the purchased items to the shipping address provided by you.
16. 4.2 Shipping times and delivery estimates may vary depending on factors beyond Mystery Gift’s control, such as location, customs processing, and shipping carrier performance.
17. 4.3 You acknowledge that international orders may be subject to additional customs fees, import duties, or taxes, which are the responsibility of the recipient.
18. 4.4 Once the items have been shipped, Mystery Gift shall not be held liable for any loss, damage, or delay caused during transportation.
19. Exchange and Refund
20. 5.1 Mystery Gift operates on a no exchange or refund policy. All sales are final.
21. 5.2 In the event of receiving a defective or damaged item, you must notify Mystery Gift within [number of days] of receipt, providing photographic evidence and a detailed description of the issue. Mystery Gift will assess the situation on a case-by-case basis and may, at its sole discretion, offer a replacement or alternative solution.
22. 5.3 Mystery Gift shall not be responsible for any dissatisfaction arising from the mystery gift experience or the undisclosed content of the purchased items.
23. Intellectual Property
24. 6.1 All content and materials on the Mystery Gift Store, including but not limited to images, logos, trademarks, and product descriptions, are the exclusive property of Mystery Gift or its suppliers and are protected by intellectual property laws.
25. 6.2 You may not use, reproduce, distribute, modify, or create derivative works of any content on the Store without prior written permission from Mystery Gift.
26. Limitation of Liability
27. 7.1 To the maximum extent permitted by applicable law, Mystery Gift and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by you or any third party, arising out of or in connection with your use of the Mystery Gift Store, even if Mystery Gift has been advised of the possibility of such damages.
28. 7.2 In no event shall the total liability of Mystery Gift and its affiliates, officers, directors, employees, agents, and suppliers for any claim arising out of or in connection with these Terms or the use of the Mystery Gift Store exceed the amount paid by you for the specific product giving rise to the claim.
29. 7.3 Mystery Gift shall not be liable for any delay or failure to perform its obligations under these Terms, resulting from causes beyond its reasonable control, including but not limited to acts of nature, war, terrorism, strikes, labor disputes, government regulations, or technical malfunctions.
30. 8.Indemnification
31. You agree to indemnify, defend, and hold harmless Mystery Gift and its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your violation of these Terms, your use of the Mystery Gift Store, or any third-party claims related to your actions or omissions.
32. Governing Law and Dispute Resolution
33. 9.1 These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
34. 9.2 Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Mystery Gift Store shall be resolved through arbitration conducted in accordance with the rules of [Arbitration Organisation] by a single arbitrator appointed in accordance with such rules. The seat of arbitration shall be [Jurisdiction].
35. 9.3 Notwithstanding the above, Mystery Gift reserves the right to seek injunctive relief or any other equitable remedies in any court of competent jurisdiction.
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37. Severability
38. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
39. Entire Agreement
40. These Terms constitute the entire agreement between you and Mystery Gift regarding the use of the Mystery Gift Store, superseding any prior agreements or understandings, whether oral or written.
41. By using the Mystery Gift Store, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with any part of these Terms, please refrain from using the Store.