Terms of service

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OVERVIEW

Welcome to Forever Loved Gift! The terms “we,” “our,” and “us” refer to Forever Loved Gift. Forever Loved Gift operates this store and website, including all related information, content, features, tools, products, and services, to provide you – the customer – with a carefully curated shopping experience (“Services”). Forever Loved Gift operates on the Shopify platform, which allows us to provide Services to you.

The terms and conditions below, together with any policies referenced in this document (collectively referred to as the “Terms of Service” or “Terms”), describe your rights and obligations when using the Service.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By accessing, interacting with, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to the Terms of Service or the Privacy Policy, you should not use or access our Service.

SECTION 1 – ACCESS AND ACCOUNTS

By agreeing to these Terms of Service, you warrant that you are of legal age as defined by the state or province where you reside, and you agree to allow any of your underage dependents to use the Service on devices you own, purchase, or manage.

To use the Service, including accessing, browsing our online stores, or purchasing any

products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and delivery information. You warrant and guarantee that all information you provide in our store is accurate, up-to-date, and complete, and that you have the full legal right to provide such information.

You are solely responsible for maintaining the security of your account login information, as well as all activities related to that account. You are not permitted to transfer, sell, grant permission to, or allow any other individual to use your account.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide accurate descriptions of our products and services in our online stores. However, please note that the color or appearance of the product may differ from what is displayed on your screen due to the type of device you use to access the store and the settings and configurations on that device.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be identical to the images shown in our online store.
All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue the supply of any product at any time, and may limit the quantity of products supplied to any individual, geographic area, or jurisdiction, as the circumstances may be.

SECTION 3 – ORDERS

When you place an order, it means you are making a purchase offer. Forever Loved Gift reserves the right to accept or reject your order for any reason at its sole discretion. Your order is only considered accepted when Forever Loved Gift confirms that acceptance. We must receive and process your payment before the order is approved. Please double-check your order before submitting it, as Forever Loved Gift may not be able to process cancellation requests after the order has been accepted. In the event we do not accept, modify, or cancel your order, we will endeavor to notify you via the email address, billing address, and/or phone number you provided when placing the order.
Your purchases are only eligible for refunds or exchanges in accordance with our Refund Policy [LINK].

You warrant and guarantee that the products you purchase are for personal or household use only and are not intended for commercial resale or export.

SECTION 4 – PRICING AND PAYMENT

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 you place your order and will be shown in your order confirmation email. Unless otherwise stated, listed prices do not include taxes, shipping fees, handling fees, customs fees or import charges.
Prices listed on our online stores may differ from prices offered at physical stores or at other third-party operated online stores. We may, from time to time, offer promotions applicable to the Service that may affect pricing and are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of the promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate information regarding purchases, payments, and accounts for all purchases made at our store. You agree to keep your account and other information up-to-date, including your email address, credit card number, and expiry date, so that we can complete transactions and contact you when necessary.

You warrant and guarantee that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are legally authorized to use that credit card for the purchase; (iii) any charges incurred by you will be approved by your credit card issuer; and (iv) you will pay all charges incurred at the listed price, including shipping, handling, and all applicable taxes (if any).

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for any delays in shipping and delivery. All delivery times are estimates and are not guaranteed. We are not responsible for any delays caused by the shipping carrier, customs procedures, or events beyond our control. Once we hand over the product to the shipping carrier, ownership and the risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, as well as the design, selection and layout of such elements, are owned by Forever Loved Gift, our affiliates or licensors, and are protected by U.S. and other intellectual property laws, copyrights and other patents.

These Terms only permit your use of the Service for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works, publicly display, publicly present, reproduce, download, store or transmit any materials from the Service without our prior written consent. Unless expressly provided otherwise in this document, nothing in these Terms shall be construed as licensing or granting you any patents, trademarks, copyrights, or other intellectual property rights of Forever Loved Gift, Shopify, or any third party. Unauthorized use of the Service may constitute infringement of federal and state intellectual property laws. All rights not expressly granted in this document are reserved by Forever Loved Gift.

The name, logo, product and service names, designs, and slogans of Forever Loved Gift are trademarks of Forever Loved Gift or its affiliates or licensors. You may not use those trademarks without the prior written permission of Forever Loved Gift. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, products, services, designs, and slogans on the Shopify website are trademarks of Shopify.

SECTION 8 – THIRD-PARTY LINKS

The Service may include materials and links to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Service to access third-party materials or websites, you do so at your own risk.

We are not liable for any loss or damage arising from your access to third-party websites, or from your purchase or use of any products, services, resources, or content on those websites. Please carefully review the policies and practices of the third parties and ensure that you fully understand them before making any transactions. Complaints, requests, inquiries, or issues relating to third-party products and services should be addressed directly to that third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE FOR MERCHANTS: This section accurately reflects the relationship between Shopify and your store, and should not be deleted or edited.]
Forever Loved Gift operates on the Shopify platform, which allows us to provide the Service to you. However, all purchases you make at our Store are transactions directly with Forever Loved Gift. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of purchases between you and Forever Loved Gift, including any loss, damage, or injury arising 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 transactions and purchases with Forever Loved Gift.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Service is subject to our Privacy Policy, which can be viewed here: [LINK], and certain personal information may be governed by Shopify's Privacy Policy, which can be viewed here. By using the Service, you acknowledge that you have read these privacy policies.
Because the Service is hosted on the Shopify platform, Shopify collects and processes personal information about your access to and use of the Service for the purpose of providing and improving the Service for you. Information you submit through the Service will be transmitted to and shared with Shopify and third parties, which may be located in countries other than your place of residence, in order to provide services to you. Please see our Privacy Policy at [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or transmit in any form ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us an unlimited, globally effective, sublicensable, and royalty-free license to use, copy, modify, publish, distribute, and display such Feedback on any medium, for any purpose, including commercial purposes. We may, for example, use the rights granted under this license to operate, provide, evaluate, upgrade, improve, and promote the Service, as well as fulfill our obligations and rights under the Terms of Service.

You also warrant and represent that: (i) you own or have the necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback will comply strictly with these Terms. We have no and will not have any obligation (1) to keep your Feedback confidential; (2) to pay for your Feedback; or (3) to respond to your Feedback.

We may – but are not obligated to – monitor, edit, or remove any Feedback that we, in our sole discretion, deem illegal, offensive, threatening, defamatory, libelous, obscene, obscene, or offensive, or that infringe on the intellectual property rights of any party or violate these Terms of Service.

You agree that your Feedback will not infringe on any third-party rights, including copyright, trademark, privacy, personal or any other proprietary rights. You also agree that your Feedback will not contain defamatory or illegal, abusive or obscene content; or contain any computer viruses or other malware that could affect the operation of the Service or any related websites. You may not use a fake email address, impersonate someone else, or deceive us or third parties about the origin of any Feedback. You are solely responsible for any Feedback you provide and for the accuracy of its content. We are not responsible for and have no legal liability for any Feedback posted by you or third parties.

SECTION 12 – ERRORS, MISTAKES AND OBLIGATIONS

From time to time, on or within the Service, there may be information containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping fees, shipping times or product availability. We reserve the right to correct any errors, omissions, 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 ACTIONS

You may only access and use the Service for lawful purposes. You may not access or use the Service, directly or indirectly, to: (a) engage in any illegal or malicious acts; (b) violate any international, federal, provincial, or local regulations, laws, or statutes; (c) infringe upon or violate our or third-party intellectual property rights; (d) harass, abuse, insult, harm, defame, slander, discredit, threaten, or offend our employees or any other individuals; (e) transmit false or misleading information; (f) send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) sending or organizing the sending of any promotional or advertising materials, including “junk mail,” “chain mail,” “spam,” or similar solicitations; (h) impersonating or attempting to impersonate another person or organization; or (i) engaging in any other conduct that interferes with or restricts another person’s right to use or enjoy the Service, or which, in our assessment, may harm Forever Loved Gift, Shopify, or the Service’s users, or put them at legal risk.

Additionally, you also agree not to: (a) upload or transmit viruses or any other type of malware that could be used in any way to affect the functionality or operation of the Service; (b) copy, duplicate, reproduce, extract, sell, resell, or exploit any part of the Service; (c) collect or track the personal information of others; (d) sending spam, phishing, pharm, or pretext to exploit the Service; (e) using any robots, spiders, data collection and extraction tools, automated devices or processes, AI tools (such as agent-based AI), or any manual or automated methods to access the Service; or (f) interfering with, bypassing, or circumventing security or authorization measures, robot exclusion headers, or any other measures we employ to restrict access to the Service. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, authorize, activate, or cause the deployment of an Agent to access, use, or interact with any Service. “Agent” means any software or service that performs automatic or semi-automatic actions on behalf of, or at the direction of, any individual or organization, and may be executed on behalf of or by that individual’s device without direct supervision.

14.2 No Agent may access, use, or interact with the Service unless, at all times, that Agent identifies itself and strictly complies with the requirements set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Service if we have requested that Agent to cease accessing, using, or interacting with any Service. 14.3 We may apply limitations – including technical measures – to how and to what extent an Agent is permitted to access, use, or interact with the Service.
14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request is sent from an Agent and publicly disclose the Agent's name by including the following string in the user agent field: "Agent/[agent name]"; (ii) not conceal or misrepresent access, use, or interaction performed by the Agent, such as: (a) mimicking human behavior and interaction patterns; or (b) completing or passing CAPTCHA or measures designed to distinguish between humans and computers; (iii) respond truthfully to any questions or verification requests intended to determine whether such interaction was performed by a human or a computer; (iv) shall not circumvent or bypass any measures designed to block, limit, regulate, or control the Agent's access to, use of, or interaction with the Service.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Service (or any part thereof) at our sole discretion at any time without notice, and you will remain responsible for paying all due charges up to and including the date of termination.

The following remain in effect after termination: Intellectual Property, Responses, Termination, Disclaimer, Limitation of Liability, Indemnification, Separation of Terms, Waiver of Rights; the Entire Agreement, Assignment, Governing Law, Privacy Policy and any other terms that exist by nature after termination.

SECTION 16 – DISCLAIMER

Information presented on or through the Service is for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on this information is entirely your responsibility. We disclaim all liability arising from you or any other visitor to the Service, or anyone informed of the content of such materials, placing their trust in those materials.

Unless otherwise stated by Forever Loved Gift, the services and all products provided through the service are provided "as is" and "as available" for your use, without any express or implied warranties, guarantees, or conditions, including implied warranties of merchantability, quality, and fitness for its intended purpose. PROPERTY, PERMANENCE, OWNERSHIP, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE CONTINUOUS, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE CONTINUOUS, TIMELY, SECURE, OR ERROR-FREE.

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL [MERCHANT'S NAME], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATED COMPANIES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATED COMPANIES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR ANY OTHER LIABILITIES. DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNISHING, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER ARISING FROM A CONTRACT OR A CIVIL ACT (INCLUDING NEGLIGENCE), STRICT OR OTHER LIABILITY, IN CONNECTION WITH YOUR USE OF ANY SERVICE OR PRODUCT PROVIDED THROUGH THE SERVICE, OR IN CONNECTION WITH ANY CLAIM RELATED TO YOUR USE OF THE SERVICE OR PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OBLIGATIONS IN THE CONTENT, OR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMISSIONED, OR PROVIDED THROUGH THE SERVICE, EVEN IF YOU HAVE BEEN WARNED OF THE POTENTIAL FOR SUCH DAMAGES.

SECTION 18 – INdemnification

You agree to indemnify, defend, and indemnify Forever Loved Gift, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against any loss, damage, liability, or claim (including reasonable attorneys' fees) claimed by third parties arising from: (1) your breach of these Terms of Service or the materials referenced therein; (2) breach of the law or rights of a third party; or (3) your access to and use of the Service.

We will notify you of any claims, provided that delayed notification does not exempt you from your obligations unless you are substantially affected. We may control the defense and settlement of such claims at your expense, including the selection of counsel, but will not settle any claims relating to your non-financial obligations without your consent (and you may not reasonably refuse). You are obligated to cooperate in the defense against claims, including providing relevant documentation.

SECTION 19 – SEPARATION OF CLAUSES

If any provision of these Terms of Service is determined to be illegal, invalid, or unenforceable, that provision shall remain in force to the maximum extent permitted by law, and the unenforceable portion shall be deemed detached from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WARRANTY; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or relating to the Service, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or concurrent agreements, communications, or proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms shall not be construed in a way that is detrimental to the drafting party.

SECTION 21 – ASSIGNMENT

You may not assign, delegate, or sub-assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any unauthorized assignment attempt will be void. We may freely assign, sub-assign, or sub-assign these Terms and our rights and obligations without your prior consent or notice.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide the Services to you will be governed by and interpreted in accordance with federal and state or territory laws where Forever Loved Gift is headquartered. You and Forever Loved Gift agree to the individual jurisdiction and location of the courts in that territory.

SECTION 23 – TITLES

The titles used in this agreement are for convenience only and do not affect the interpretation of the content of these Terms.

SECTION 24 – AMENDMENTS TO THE TERMS OF SERVICE

You may review the latest version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting the updates and changes on our website. You are responsible for checking our website periodically to monitor for changes. We will notify you of any significant changes to these Terms as required by applicable law, and such changes will be effective from the date specified in the notice. Your continued use or access of the Service after any changes to the Terms of Service are posted signifies your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

For any questions regarding these Terms of Service, please email us at business@foreverlovedgift.com

Our contact information is listed below:

Trade name: Forever Loved Gift

Phone number: +1 (845) 850-5122

Email: business@foreverlovedgift.com

Address: 1001 S Main St Ste 600 Kalispell MT 59901