TERMS AND CONDITIONS OF SALE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE CAREFULLY.
1. Contract Terms
1.1 General Terms. These terms and conditions (“Terms”), our quotation (if any), comprise the agreement (“Agreement”) between you and The only gift worth giving TM. Unless your order is subject to a valid, written, executed agreement between you and The only gift worth giving TM, in which case such agreement applies, you agree to accept and be bound by the Agreement by ordering products on Theonlygifts.com or if you receive ordering or sales documents that reference these Terms. This Agreement is the complete and exclusive contract between us with respect to your purchase of the products.
1.2 Terms Conflict. If any conditions within the Agreement documents conflict with each other, we will give them the following priority: the quotation, and finally these Terms.We expressly reject any different terms or provisions contained in any document you provide, and if the terms and conditions in this Agreement differ from the terms of your offer, this Agreement will serve as the governing terms for our contract.
1.3 When Agreement takes Effect. The Agreement between us is created when we accept your order, either by sending a written confirmation, or by shipping the product or otherwise initiating action to provide what you have ordered.
2.1 Determining Price. We may change our prices at any time without notice. Prices we quote you are valid for 30 days, unless we state otherwise in writing. Additionally, the price as shown in our quotation to you, is subject to adjustment on account of specifications, quantities, raw materials, cost of production, shipment arrangements or other terms or conditions which are not part of our original price quotation. If no price has been specified or quoted to you, the price will be the product price on www.Theonlygifts.com in effect at the time we accept your order.
2.2 Taxes and Fees. Our product prices do not include any taxes (including VAT), duties, levies or other government fees that may apply to your order. If they apply, it will be your responsibility to pay them. If we pay them, we will add them to your invoice. If you claim any exemption, you must provide a valid, signed certificate or letter of exemption for each respective jurisdiction.
2.3 Delivery Fees; Freight Policy. You are also responsible for standard delivery and handling charges, if any. We will also may add these charges to your invoice.
3.1 Payment Terms. We will invoice you for the product price and all other charges due when we ship you the products. Unless we have agreed otherwise in writing, you will pay us within 30 days from our invoice date. Each order is a separate transaction, and you may not off-set payments from one order against another. We reserve the right to require you to make full or partial payment in advance, or other security to our satisfaction, if we believe in good faith that your financial condition does not justify the payments terms otherwise specified. You will make all payments in U.S. Dollars.
3.2 Late Payment. If you are late in making payment, we may, without affecting our other rights:
(A) suspend delivery or cancel the Agreement;
(B) reject your future orders; and/or
(C) charge you a late-payment charge, from the due date until paid, at the rate of 1.5% per month, or, if less, the maximum amount allowed by law-which you must pay upon our demand.
3.3 Collection Costs. If we appoint a collection agency or an attorney to recover any unpaid amounts, you must pay all reasonable costs of collection, including all associated reasonable attorneys’ fees.
4. Delivery; Cancellation; Changes
4.1 Delivery. We will ship products to the U.S. destination you specify in your order, FOB our shipping point. We may, in our discretion, (a) make partial shipments and invoice each shipment separately; and/or (b) stop delivery of products in transit and withhold shipments in whole or in part if you do not pay us when due, or if you otherwise do not perform your obligations in this Agreement. Our shipping dates are approximate only, and we will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond our reasonable control. If we do delay shipment because of a cause beyond our reasonable control, we may terminate the affected order, or reschedule the shipment, and we will do so within a reasonable period of time. You may not refuse delivery or otherwise be relieved of any obligations as the result of such delay. If our delivery of a product to you is delayed due to any cause within your control, we will place the delayed products in storage at your risk and expense and for your account.
4.2 Cancellation. Once you have placed your order, you cannot cancel it, unless we consent in writing, and you pay any applicable cancellation charges.
4.3 Changes. You may not change orders in process, except with our written consent and agreement as to an appropriate adjustment in the purchase price for the applicable products. You will not receive credit for products returned without our prior consent.
5. Risk of Loss and Title
5.1 Risk of Loss. Aside from the trade terms indicated above, products are delivered when we load them onto the commercial carrier at our facility. At this point you become responsible for risk of loss and damage.
5.2 Title. Title to products will pass to you when we deliver the product to the carrier.
6. Returns and Shortages
6.1 Returns and Shortages. We want you to receive our products in good condition. You may return a product that is damaged or defective on delivery, or correct any shortages, if you contact The only gift worth giving TM within 5 days after receiving the product. If you do not contact us within this 5-day period, we will deem the product accepted, but you will not lose any warranty rights.
6.2 Authorization for Returns. The only gift worth giving TM must authorize all product returns. If your product return is authorized, The only gift worth giving TM will provide you directions regarding the return process. The only gift worth giving TM may not authorize some items for return.
6.3 Product-Credit Eligibility. To be eligible for product credit, a product must be authorized in writing for return and must arrive at our facilities in a condition satisfactory for resale. Any return not due to our error is subject to a restocking charge of $25 or 25% of the sale price—whichever is greater. We do not credit shipping charges. You may not return a product for credit more than 20 days after you receive it.
6.4 Custom-Product Returns. You may return a custom product we make to your specifications only if the product does not conform to the given specifications as of the date of shipment. In that case, we will, in our sole discretion, either replace the custom product or refund you the purchase price.