Right of Refusal: We reserve the right to refuse orders based on restricted sales category, geographical area or credit history.
Limitation of Liability: In no event shall Gift Baskets By NCN or its affiliates accept liability for any special, indirect, incidental or consequential damages arising out of or connected with the sales or delivery of goods or services. Regardless of whether a claim is based on contract, tort, strict liability or otherwise, nor shall buyers damages exceed the amount of the purchase price of the goods or services.
Fees: The fees for our services and products are displayed throughout our website and are always clearly indicated during the “Check Out” process.
Changes: We reserve the right to post changes to fees for products or services at anytime. We also reserve the right to correct typographical errors without honoring the error. Such changes will become effective immediately unless otherwise indicated.
Payment Terms: Gift Baskets By NCN will collect payment information from you during the order process. By providing such payment methods to Gift Baskets By NCN, you are authorizing Gift Baskets By NCN to charge you by using the supplied method(s) of payment for product(s) ordered.
When and How We Charge: We will obtain an authorized method of payment at the time of your order and will bill you, via your authorized method of payment, within 2 business days of the placement of your order.
Our Commitment to Your Privacy: At Gift Baskets By NCN, we realize how sensitive your privacy can be and we are committed to assisting in its protection. To better protect your privacy we have posted this policy which details how we handle your information. We feel informing you will give you the greatest control and choice.
The Information We Collect: When you place an order on our site, we ask you for personal information. The required personal information we collect is:
Your billing address
The recipient’s name
The recipient’s ship to address
The recipient’s telephone number
Credit card data or other payment method data
Your e-mail address
Your phone number
We may also ask you for additional information such as how you heard of us.
How We Use Information: At Gift Baskets By NCN, we use this information to create your orders and to communicate with you about their status. We will also use your email address to send you notification and updates about our services or products as well as promotional announcements and customer surveys, if you elect to receive this courtesy. If you no longer want to receive the updates or other announcements simply unsubscribe by sending us an e-mail with 'unsubscribe' in the subject line. Your e-mail address will be removed within 24 hours.
Communications by E-mail: At Gift Baskets By NCN, we will communicate via e-mail to inform you of your order status. Such communications may include when an order is received, when an order is shipped and when an order is cancelled. The following types of communications - information on products, services, special deals, and updates - will also be e-mailed to customers unless you choose the option not receive them. You will not receive these type of emails unless you choose to do so, if you have chosen to do so you may option out by sending us an e-mail with 'unsubscribe' in the subject line. Your e-mail address will be removed within 24 hours.
Communications by Phone: We may call you on occasion to communicate important information about your order.
Third Party Intermediaries: We use outside shipping companies (UPS & USPS) to ship orders, and a credit card processing company to bill users for goods and services. This company does not retain, share, store or use personally identifiable information for any secondary purposes
Supplementation of Information: In order for Gift Baskets By NCN to properly fulfill its obligation to users it is necessary for us to supplement the information we receive with information from 3rd party sources. We use third party software to verify addresses against the United States Postal Service database. We also use a credit card processing company to verify a user's identity and address to confirm that they are using the card in a non-fraudulent manner.
Children’s Privacy: We do not knowingly accept data from anyone under the age of 13 and no part of our website is structured with the intention of attracting anyone under age 13.
Warranty Disclaimer: THE SITE, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIFT BASKETS BY NCN AND ITS VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. GIFT BASKETS BY NCN AND ITS VENDORS SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION:
(A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(B) THAT THE SITE, PRODUCT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
(C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
(D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF GIFT BASKETS BY NCN. Some states do not allow the disclaimer of implied warranties. In those states, the foregoing disclaimer may not apply to you. You may also have other legal rights which vary from state to state.
General Release: SHOULD A DISPUTE ARISE BETWEEN YOU AND ANOTHER PARTY, YOU AGREE TO RELEASE GIFT BASKETS BY NCN (AND ITS AGENTS, EMPLOYEES, STOCKHOLDERS AND VENDORS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE. YOU ACKNOWLEDGE AND AGREE THAT GIFT BASKETS BY NCN IS NOT RESPONSIBLE FOR THE AVAILABILITY OF PRODUCT OR SERVICE. YOU AGREE THAT GIFT BASKETS BY NCN SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH SERVICES, CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT GIFT BASKETS BY NCN DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR INFORMATION PROVIDED BY OTHER USERS WHICH IS MADE AVAILABLE ON THE SITE. IF YOU FEEL OTHER USER'S INFORMATION IS OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE, YOU AGREE THAT GIFT BASKETS BY NCN SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH INFORMATION.
Limitation of Liability: UNDER NO CIRCUMSTANCES WILL GIFT BASKETS BY NCN, OUR AGENTS, EMPLOYEES, VENDORS OR STAKEHOLDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, CONTENT, FILES, PROFIT OR GOODWILL, OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OF GIFT BASKETS BY NCN. OUR ENTIRE LIABILITY MAY NOT EXCEED THE COST OF THE GOODS AND SERVICES WE HAVE PROVIDED.
Indemnity: You hereby agree to, at your expense to indemnify, defend and hold GIFT BASKETS BY NCN and our subsidiaries, affiliates, officers, directors, agents, stakeholders and employees harmless from and against any loss, cost, damage, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content on the Site; (b) any fraud, manipulation, or other breach of this Agreement by you; (c) any third-party claim, action or allegation brought against GIFT BASKETS BY NCN arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use, or GIFT BASKETS BY NCN's provision, of the Services or use of your account by any third party. GIFT BASKETS BY NCN will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on GIFT BASKETS BY NCN's behalf without the prior written consent of GIFT BASKETS BY NCN.