Terms and Conditions

1. Agreement to Terms

Welcome to Giftphoria.co, operated by Giftphoria LLC, a Delaware limited liability company ("Giftphoria," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website and marketplace services.

By accessing or using Giftphoria.co, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Description of Services

Giftphoria operates an online marketplace where users can discover and purchase products from third-party merchants. Our services include:

• Connecting buyers with merchant products
• Processing payments on behalf of merchants
• Facilitating same-day in-store pickup in Los Angeles
• Managing online shipping orders throughout the United States (when available)
• Customer service and dispute resolution

3. Marketplace Model

Third-Party Merchants

All products sold through Giftphoria are provided by independent third-party merchants. Giftphoria is not the seller of these products but acts as an intermediary facilitating transactions.

Payment Processing

We process all payments on behalf of merchants using Shopify's payment processing services. By making a purchase, you authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

Commission and Fees

Merchants pay us a commission and payment processing fees for transactions processed through our platform. These fees are not passed on to buyers.

4. Orders and Fulfillment

Order Acceptance

Your order constitutes an offer to purchase products. We reserve the right to accept or decline any order at our discretion.

Same-Day Pickup (Los Angeles)

For same-day pickup orders in Los Angeles, you will receive pickup instructions and location details after your order is confirmed. You must present valid identification when collecting your order.

Shipping Orders

For shipping orders, estimated delivery times will be provided at checkout. Actual delivery times may vary based on merchant processing time and shipping carrier performance.

5. Pricing and Payment

Pricing

All prices are displayed in US dollars and include applicable taxes where required. Prices are subject to change without notice.

Payment

We accept payment methods supported by Shopify's payment processing system. Payment is required at the time of order placement.

Payment Information

All payment and contact information is collected and managed by Shopify in accordance with their terms of service and privacy policy.

6. Returns and Refunds

Shipped Orders

Returns and refunds for shipped orders are processed by Giftphoria subject to the following conditions:

• Items must be returned within 30 days of delivery
• Items must be in original condition and packaging
• Certain items may be non-returnable (perishables, personalized items, etc.)
• Return shipping costs may apply

Same-Day Pickup Orders

Items purchased for same-day pickup may be exchanged but are not eligible for refunds. Exchanges must be requested within 24 hours of pickup and are subject to merchant availability.

Refund Processing

Approved refunds will be processed within 5-10 business days to your original payment method.

7. Dispute Resolution

We handle disputes between buyers and merchants. If you have an issue with your order, please contact us at hello@giftphoria.co. We will work to resolve disputes fairly and in accordance with these Terms.

8. Geographic Limitations

Currently, same-day pickup services are available only in Los Angeles, California. Shipping services are available throughout the United States where permitted by law. We reserve the right to refuse service to any location at our discretion.

9. Intellectual Property

Merchant Content

Product descriptions, images, and other content provided by merchants remain the property of the respective merchants or their licensors.

Giftphoria Content

The Giftphoria website, including its design, logos, and proprietary content, is owned by Giftphoria LLC and protected by copyright and trademark laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes.

10. Prohibited Uses

You may not use our services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, offensive, or illegal content
• Interfere with the operation of our website
• Attempt to gain unauthorized access to our systems
• Use automated systems to access our website without permission

11. Disclaimers

AS IS BASIS

Our services are provided on an "as is" and "as available" basis without warranties of any kind.

MERCHANT RESPONSIBILITY

We do not warrant the quality, safety, or legality of products sold by merchants. Merchants are responsible for the accuracy of their product listings.

NO WARRANTIES

We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the fullest extent permitted by law, Giftphoria's liability is limited to the amount you paid for the specific transaction giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.

13. Indemnification

You agree to indemnify and hold harmless Giftphoria, its officers, directors, employees, and agents from any claims, losses, damages, or expenses arising from your use of our services or violation of these Terms.

14. Privacy

Your privacy is important to us. Please review our separate Privacy Policy, which governs how we collect, use, and protect your information in connection with Shopify's data handling practices.

15. Modifications

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

16. Termination

We may terminate or suspend your access to our services at any time, with or without cause or notice. Upon termination, your right to use our services ceases immediately.

17. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes will be subject to the exclusive jurisdiction of the courts in Delaware.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Giftphoria regarding your use of our services.

20. Contact Information

If you have questions about these Terms, please contact us at: