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.
Registration: You are required to provide accurate, specific information about the physical location to where you would like your purchase shipped in order to use our services. We will respect the privacy of your sensitive information. Please see our privacy policy for more information.
Term: You may discontinue doing business or cancel your order at any time. Your obligation for payment for services already provided (but not yet executed) will apply. Gift Baskets By NCN reserves the right to suspend or cancel delivery at any time. The terms of this agreement will stay in effect indefinitely for all intellectual property, products, and services used or purchased.
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.
Returned Checks: Checks returned for any reason will result in a service charge of $30.00. Please note that it is a felony in most states to write a bad check, including when issued verbally, online or by fax. Gift Baskets By NCN will prosecute any person engaging in fraudulent activity to the full extent allowed by law.
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 24 hours of the placement of your order.
Forms of Payment: We accept E-Check, Mastercard, Visa, and Debit Cards with the Mastercard or Visa logo, drawn on Banks located within the USA provided the account holders also reside within the USA. Not all payment methods are available via the web.
Discounts: From time to time we may offer discounts through special promotion. The details will be outlined on the home page of our website.
User Conduct: You agree to comply with all applicable laws, statutes, ordinances, and regulations related to use of our Products and Services. You may not use our Products or Services to engage in fraud or other illegal activity, or to infringe the intellectual property rights of others.
You agree that in the event we have shipped your merchandise in error that you will let us know and make the necessary provisions for us to pick it up.
Our Commitment to Your Privacy: 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 name
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: 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: 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.
Cookies: A cookie is a piece of data stored on the user's computer. As with most sites we use cookies to control certain aspects of our sites operation such as holding the contents of the shopping cart in place or allowing a user the ability to move from page to page with out logging into each page individually. Usage of a cookie will not link or extract any of your personal information while on our site. We use session ID cookies and persistent cookies. A session ID cookie terminates once a user closes the browser. A persistent cookie will remain on the users’ computer for a period of time. Cookies can be permanently removed from your computer at anytime by following the directions located in the Internet browser help file. For example in Internet Explorer the procedure can be achieved by clicking on the “Tools” menu located the top menu bar, then click, Internet options>general tab>delete cookies.
Log Files: Log files are simply a method of tracking how visitors to our site use our site. Most all sites create log files and there are important programming tool in improving the site. The information that is logged includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, pages viewed, duration of visit, Cart abandonment, IP addresses and similar statistics.
Third Party Data Sharing: On an occasion when an order requires shipment from a third party we may use some of your personal information as required to complete the fulfillment process. We do not share this information with outside parties except to the extent necessary to complete that order. If you have chosen to “option in” to partner offers then we may at times release information to third party partners for the purpose marketing special offers we feel may benefit our members. This information generally only includes customer name and e-mail address. We will make every effort to protect your privacy; however we may need to disclose personal information when required by law when in good-faith we believe that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website.
Third Party Intermediaries: We use an outside shipping company (UPS) 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
Links: Our Web site contains links to other sites. The privacy policy for those sites may be completely different than the policies of Gift Baskets By NCN. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Supplementation of Information: In order for this Web site 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.
Secure Facility: Security is very important us. For this reason we have chosen to secure our data on dedicated server(s) within a facility that is used to house the data of major corporations and governmental agencies. This provides an environment that would be difficult for us to duplicate within our own facilities. We have made this investment to provide our customers with the best protection available. All servers are password protected and with extremely limited access.
The Passing and Storing of Sensitive Data: Our website is designed to pass your personal information to our database in an encrypted state using the latest Secure Socket Layer (SSL) technology. We also protect your information by storing sensitive data such as your credit card information in an encrypted state and by limiting access to this data. Only those employees whom require access to the data in order to perform their perform duties are given the security to do so.
Security Audits: We may, at our discretion, hire a third party security corporation to run audits against our network and determine any weaknesses. We use the result of those audits to constantly improve our network security.
Employee Training: Employees are kept up-to-date on our security and privacy practices, and what they can do to ensure our users' information is protected.
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.
General: This Agreement is not assignable, transferable and may not be sub-licensed without the prior written consent of Gift Baskets By NCN.
Gift Baskets By NCN may assign this Agreement in whole or in part. This Agreement shall be governed by and construed in accordance with the laws of the state of Missouri. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the Missouri State and U.S. federal courts having the jurisdiction of Gift Baskets By NCN's principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between you and Gift Baskets By NCN, with respect to the subject matter hereof. You agree and acknowledge that you are not entering into this agreement in reliance on any statements or representations other than those set forth herein. Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement shall be the controlling document.
