Terms & Conditions
1. ACCEPTANCE
- Definitions. These Terms of Use (the "Terms") govern your visits to prezziez.com (the "Platform"). Prezziez LLC ("Prezziez," "we," "us," or "our") owns and operates this Platform. The term "you" refers to any user of the Platform. "Gifter" is a user who purchases or contributes to gifts from a wishlist. "Giftee" is a user receiving gifts from their wishlists.
- Your Consent. These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. Our Privacy Policy is another important document that you should familiarize yourself with as it describes our practices with respect to your personal information. You cannot visit the Platform if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don't notify users about every change to the Terms but you can see the date of the latest update at the top of this page. If you still wish to visit the Platform after said date, that constitutes your agreement to the updates.
2. VENUE
- Description. Prezziez is a universal wishlist gifting concierge platform that allows users (giftees) to receive gifts from family, friends, fans, etc. (gifters) from any Ecommerce website that allows for shipping to a giftee's provided address. Prezziez also allows for group gifting wherein multiple gifters may contribute towards the purchase of big-ticket items. Prezziez acts as the middleman to fulfill orders while maintaining the privacy of the giftee. Giftee's personal information (name, address) are never shared with gifters. We charge a service fee for our services for operational costs. Our Platform is a neutral venue. We shall not be held liable for users' data, transactions, interactions and information. We are not liable for the consequences of you disclosing your personal information to others.
- Registration. During registration it is required to provide true, accurate, current and complete information about yourself to avoid any potential delays or cancelations of orders. Should any of your registration information change, you should visit your "Account" page and update the information immediately and as often as necessary. Additionally, we may also need to obtain information for authentication purposes if we deem it necessary. By providing your email address, you consent to receive electronic communications from us, including notices about your Account, such as password changes and information related to gifts, and from third-party vendors fulfilling a gift purchase from a gifter. You are solely responsible for maintaining the confidentiality of any log-in, password, or personal information as it pertains to your Account. You are solely and fully responsible for all activities that occur under your Account. Should you suspect that any unauthorized party may be using your password or Account or any other breach of security, contact us immediately.
- Goods and Services. This Platform is not a delivery or warehouse service. We securely facilitate the gifting of items by purchasing directly from the third-party URL provided by giftees. All matters concerning the shipping process from linked merchants are solely the responsibility of that merchant and the receiving party. We purchase goods from third party merchants on behalf of users. We are not responsible for the quality of the goods purchased from third party merchants nor their processing and shipping times.
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Prohibited Items. Orders that contain any of these items will not be fulfilled:
- Alcohol,
- Firearms,
- Live animals,
- Tobacco products and certain smoking devices (i.e. Bongs or water pipes),
- THC items.
- Items from auctions (such as eBay auctions, although non-auction items from eBay are acceptable).
- Interactive Features. This Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform's interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
- DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
- Third Parties. The Platform contains references to third party websites and relies on third party services for support. We shall not be liable for any third party venues and cannot guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third party content on the Platform.
3. AFFILIATE DISCLOSURE
This Platform may contain affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. But your trust is of utmost importance to us. That's why, even though we sometimes receive affiliate compensation, we always provide only our honest ratings, reviews, opinions or experiences on everything you see on our Platform. We review all products we find useful, not just the affiliate ones. Any product claim, statistic, quote or other representation about a product or service should be independently verified with the vendor, manufacturer, expert, service provider or other party in question.
4. INTELLECTUAL PROPERTY
- Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform's content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
- Your Submissions. We do not claim ownership rights over your content. What's yours remains yours. However, if you upload any content to the public areas of our Platform, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.
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Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on
our Platform and we will investigate. In accordance with the Digital Millennium Copyright Act of
1998, the text of which may be found on the U.S. Copyright Office website at
http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright
infringement committed using our Platform if such claims are reported to support@prezziez.com. If
you hold copyright or are authorized to act on behalf of the copyright holder, you can report
alleged copyright infringements as follows:
- Identify the copyrighted work that you claim has been infringed.
- Identify the material or link you claim is infringing.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
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Include both of the following statements in the body of your report:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"
- "I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
5. ACCEPTABLE USE POLICY
By visiting this Platform, you represent and agree that:
- You have a full capacity to enter into a legally binding agreement, such as these Terms.
- You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
- You cannot upload any lewd or explicit photos to your profile, wishlist or anywhere else on our Platform.
- If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
- You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence.
- You will ask for our permission before copying anything from our Platform for republication.
- You will not use our Platform for anything illegal.
- We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
- Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
- You will not impede the proper functioning of the Platform.
6. ORDER TERMS
- If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment method(s) which you are authorized to use. You will not use false identity.
- Orders for gifts sent from a different country than that of the giftee may require the giftee to pay local duties and taxes. Neither Prezziez nor gifters are responsible for covering said duties and taxes.
- We reserve the right to refuse any order for any reason.
- While we attempt to be as accurate as possible, we do not warrant that descriptions on our Platform are 100% accurate, complete, reliable, or current.
7. BILLING AND PAYMENT
- Payments are one-time payments.
- Gifters are able to pay via card (Visa, Amex, Mastercard, etc) and third-party payment options (Google Pay).
- Payments are processed via a third-party payment processor.
- Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
8. PRICING POLICY
- The price of items as well as their shipping are set by the third party merchant and not by Prezziez.
- Not all prices are final. Pricing on items are subject to change and fluctuate at the pleasure of the third party merchant. Users are urged to check the current pricing of items on their wishlist and update as necessary.
- Prezziez charges a service fee to maintain our operations and expenses. A processing fee is also charged by our third party payment processor. This fee is set by and goes directly to our third party processor. Items that are purchased in foreign currency will be subject to a higher processing fee as set by our third party payment processor.
9. SHIPPING POLICY
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For Giftees:
- A gift cannot be claimed in cash, used for transactions, or as payment for services rendered.
- Gifts will be shipped to the physical address or e-mail address on file.
- For digital gifts, a redemption link will be sent to the giftee's email address on file
- Each gift will be delivered according to applicable third party retailer's terms, and the delivery of the gift will be handled by the retailer's designated carrier. All sizes/colors/styles/quantities must be entered in the product details section for each item ordered, otherwise the default item may be ordered.
- Prezziez does not control the delivery time or method of any gift, and we are not responsible for any delivery or shipping issues or delays. We are not responsible for any gift lost in transit, stolen after delivery, or lost due to address inaccuracy, a PO box address or an otherwise non-residential address. We will not be obligated to offer refunds for any lost or stolen gifts if the courier has proof of delivery but may choose to do so at our own discretion.
- The delivery estimate given by Prezziez stems directly from the retailer's delivery estimate and we take no responsibility if this delivery estimate is exceeded due to circumstances out of our control.
- Tracking status and information about orders will be available within the giftees profile.
- Gifts that are eligible to receive contributions will remain active on a wishlist for a term of one year to receive the amount of contributions necessary to fulfill a purchase. Gifts that do not receive the necessary contributions will expire from a wishlist after one year.
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For Gifters:
- In order to secure the privacy of giftees, the gifters will not receive any tracking information for physical or digital goods, but may receive status information which indicates when an order has been delivered.
10. REFUND POLICY
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For Giftees:
- If for any reason Prezziez is unable to fulfill an order, customers will be refunded the total cost of the item minus any fees in the form of a Prezziez credit on their account. Note that credits may not be withdrawn or redeemed for cash. Credits may only be used to purchase items from a wishlist or for contribution towards the purchase of a wishlist item.
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For Gifters:
- You are not entitled to any refunds for placed orders. All placed orders are final and non-refundable. Any resulting refunds from a placed order will be directed back to the giftee's (user you purchased the gift for) account.
- You will be eligible for a refund in the case of a declined gift offer or if Prezziez exceeds the allotted time to place an order. In these cases the total amount spent (minus any processing and service fees) will be returned to the gifter's original payment method.
- Prezziez aims to place orders as quickly as possible. We ask that you allow 10 business days for orders to be placed. If the order is not placed within 10 business days, the gifter may request a refund. You agree not to dispute payments for orders that have not been placed within 10 business days of purchase.
- In the case of contributions, gifters are not eligible for a refund until 10 business days after the contribution goal has been reached or if the allotted time for such gifts to be fulfilled expires, whichever comes first. You agree not to dispute payments for contributions on gifts that (i) are still active and (ii) have not been placed within 10 business days of a contribution goal being reached on a gift.
11. RETURN POLICY
- If you are not satisfied after receiving your item(s), please follow the merchant's returns instructions that you received in the parcel. You must inform Prezziez that you have returned the item in order to receive a credit on your account. Once we confirm that an item has been successfully returned, Prezziez will issue credits reflecting the amount refunded by the retailer minus any processing fees to the giftee's account.
- Return policy and procedure will be governed solely by the policies of the third party merchant from which the gift was purchased. Prezziez does not accept any responsibility for any issues or delays that result from said policies.
12. CONFIDENTIALITY
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user's identity to authorities and assist in investigations; (iii) delete or moderate the user's content; (iv) take any other action available under law.
13. BREACH OF THESE TERMS
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN "AS IS" BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
- WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
16. ARBITRATION; CLASS ACTION WAIVER
- Arbitration. Any controversy or claim arising out of or relating to these Terms, Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of New York. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
- Class Action Waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
17. GENERAL
- Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
- Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
- Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.
- Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
- Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
- Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
- Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
- Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
18. CONTACT US
Please address your questions and feedback to:
Still have questions?
Contact us at admin@prezziez.com