Terms of Use

Welcome to GIVE. This website (www.gi-ve.com) is owned and maintained by GIVE Solutions, Inc. When you visit this site, download our catalog, or use our services, you are agreeing to be governed by these Terms of Use.

You must be at least eighteen (18) years old to use our services and to register with the site. Your use of the site and the services offered by GIVE confirms your representation to us that you are at least 18 years old.

Please note that, at present, we can fulfill orders for goods to be delivered to recipients located only in the United States, including Hawaii and Alaska. We are not currently providing Services for recipients outside the United States.

We reserve the right to update or modify these Terms of Use at any time without notice. All changes will go into effect on the date posted. The new policy will apply to all past and present users of our website or services and replace all prior policies. We therefore encourage you to review these Terms of Use whenever you use our services or website.

  1. GSI: GIVE Solutions Indulgence Division

    GSI, is a custom gift division which works with you to create personalized gift packages. We typically require a minimum of 2 weeks to fulfill a custom order request. If you require a faster turnaround time, additional charges may apply. GSI reserves the right to not accept an order for any reason. Orders made through the GSI division may be subject to differing policies and restrictions from those outlined below. Please inquire about costs, delivery terms, return policies, and payment arrangements. You will be subject to the terms provided in your specific service agreement.

    For all custom gifts, once a gift is approved and we place item orders on behalf of the client, custom order projects cannot be cancelled or returned for exchange, credit or refund. If item orders have not been made, the client has the right to cancel their custom order request without additional charge. We require written notification of cancellation. Items that are custom orders are clearly noted as such, and clients are required to sign a waiver specifying their understanding and agreement with these terms.

  2. Delivery of Goods and Services

    All orders are subject to acceptance and availability. Acceptance of your order is not complete until we have obtained authorization for payment and until we have dispatched your order. Goods ordered and purchased by you through the Site or through our Catalogue will be shipped to your designated recipient(s) to the address(es) you provide to us. We do not verify or confirm your shipping information, and if you provide incomplete or inaccurate or otherwise undeliverable information, then you will be responsible for all necessary return shipping and restocking costs.

    Some gift packages may not currently be in stock. However, you may have the option to pre-order an item. Pre-ordered items will not be charged until they are ready to be shipped. Please note that pre-order fulfillment is subject to our vendors providing the goods and/or services selected, and we cannot guarantee a delivery date. You will be notified by email when your pre-order is fulfilled, or if we cannot fulfill the pre-order for any reason.

    Although we always strive to keep inventory in stock as described in order to meet demands, it may at times be necessary to substitute certain items in our gift packages due to vendor supply or restrictions. We reserve the right to replace items in our gift packages with an item of equal or greater value.

  3. Shipping

    Unless otherwise specified, we will use our best efforts to ship all merchandise within 5 business days. Delivery estimates are good faith estimates only. We are not liable for any loss, damage, cost or expense related to any delay in shipment or delivery. We cannot ship to P.O. boxes or forwarding addresses. The risk of loss and title for all merchandise purchased passes to you upon our delivery of the merchandise to the carrier. Orders refused upon delivery will be charged in full, including shipping costs.

  4. Customer Satisfaction

    Our goal is to make all parties involved in the gift-giving process happy. If you see something else you like instead, you can exchange your gift for another of equal or lesser value. GIVE offers a one-time exchange or store credit within 30 days of when the item(s) were shipped. We do not however, offer refunds. Shipping charges are non-refundable. Store credit will be valid for one year. Merchandise must be returned in its original packaging in new and unused, resalable condition. If the gift package to be returned has several components, then the entire package must be returned and each component must be new and unused, unopened, and in resalable condition.

    If the gift recipient should find a defective or damaged item in their package, they can make a claim within 7 days of receiving their gift. We will try to rectify the situation to the best of our ability by replacing it for the same item or one of equal value upon return of the defective merchandise.

  5. Payment

    You must designate a debit or credit card account through which your purchase price will be funded. You represent, warrant, and covenant that you are the owner of the debit/credit card, or have been authorized by the owner to use the debit/credit card in payment of our products or services. Regardless of the payment method you select, you authorize us and our agents to initiate credit or debit transactions through your designated account(s) to obtain the purchase price for each transaction. Purchase order fulfillment is subject to credit card approval. Prices shown on the site are excluding tax. We will add sales taxes for purchases with a billing address within the state of New Jersey. For billing addresses outside of New Jersey, clients are responsible for all applicable sales taxes and other merchandise taxes.

  6. Fulfillment

    We do our very best to expedite all orders as quickly as possible and adapt to time sensitivities. However, times may vary depending on client responsiveness and unforeseen circumstances. Order fulfillment may be delayed or rejected due to (a) limited supply of the goods or services selected, (b) extreme inclement weather interfering with delivery service, (c) delays due to the vendor providing the goods or services selected, and (d) other reasons beyond our control. If an item is out of stock, on back order, or shipping is delayed for any reason, we will try to contact you by phone and/or email advising you of same. We are not responsible for any errors or delays in responding to an order caused by an incorrect contact information provided by you, incorrect information regarding your billing and/or shipping information or otherwise, or other technical problems beyond our control.

  7. Registration

    To initiate a transaction through our Site, or to access certain services or features, you may first need to register with our Site. You warrant that the information you are providing is accurate, true, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Should any of your registration information change, or you become aware of any breach of security, please contact info@gi-ve.com to notify us immediately.

  8. Information Collection and Use

    Visitors to our Site can access the Site’s home page and browse the Site without disclosing any personally identifiable information. We may track information provided to us by your browser, including the Web site you came from (known as the "referring URL"), the type of browser you use, the time and date of access, and other information that does not personally identify you.

    If you choose to complete a transaction, we will collect information from you including information about yourself as well as about your designated recipient(s). This information may include names, addresses, telephone numbers, email addresses, billing information and credit card numbers.

    We promise responsible handling of sensitive customer information. GIVE Solutions, Inc. is the sole owner of the information collected during our gifting process. The information is used entirely and only by us, except in cases where we use third party agents to perform certain functions for us, such as credit card processing, delivering packages, fulfilling orders or analyzing data. In those cases, we provide only the information necessary for the performance of those specific functions. We will not sell, share or rent this information to any other entity for any reason. We use the information you give us to personalize the service to individual needs, to service client requests, to respond to client questions and other communications, and to improve our service generally.

    We may also, from time to time, invite our visitors or customers to complete questionnaires and/or surveys. Results from the questionnaires and/or surveys that you may complete will belong to us, and we may use them in a variety a ways to enhance our delivery of services to you. We may also share results with third parties, including market research firms, but in so doing, we will not include your personal information. Instead, results will be aggregated (for example, by age range, geographic region, etc.)

    We may release account and other personal information if we believe release is appropriate to comply with the law; enforce or apply our Terms of Use, or to protect the rights, property, or safety of GIVE, our other users, or third parties. This includes exchanging information with other companies and entities for fraud protection and credit risk reduction. We do not, however, sell, rent, share, or otherwise disclose personally identifiable information from customers for commercial purposes.

  9. Use of Cookies

    GIVE uses “cookies”. “Cookies” are elements of data that a Web site can send to a user’s browser and store on a user’s computer. Cookies do not contain personal information about a user. Cookies can note that a user’s browser was used to visit certain sites or pages on a certain date. GIVE uses cookies to enhance navigation and functionality of its Site. GIVE also uses cookies to let it know how visitors are using its Site, so that it can improve its Site and a user’s experience on it.

  10. Intellectual Property Rights

    All services provided by GIVE Solutions, Inc., including creative gift concepts, package ideas, contents, and design elements, are the exclusive property of GIVE Solutions, Inc. We retain full ownership of all gift ideas and package design elements, including all associated rights to use such ideas, design elements, and any resulting images. As such, we may at any time duplicate or execute a previously developed gift concept, and at no time do the rights of ownership transfer to the client.

  11. User Warranties

    In placing an order or registering with us, you warrant that you are over 18 years of age, and that you are providing us with accurate, true, and complete information, and that you have the authority to place the order.

  12. Alcoholic Beverage Gifts and Services

    For any order you place with us for a gift of an alcoholic beverage product or service, you hereby represent to us that the recipient is at least 21 years of age or older. If your intended recipient is not 21 years of age or older (a) gifts ordered through us may not be delivered, and any costs to return and/or restock such items shall be charged to your account against the credit card that you provided to us for your original purchase, (b) you assume all liability associated with any claims or causes of action which may be asserted as a result of your designation of a recipient not of legal age to receive and/or consume alcoholic beverages, and (c) you will indemnify and hold us harmless from all causes of action asserted as a result of your placement of such an order. We and our service providers reserve the right to refuse service to any individual who does not have proper identification for age verification.

  13. Disclaimer of Warranties

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK AND THAT THIS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GIVE SOLUTIONS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION AND SERVICES PROVIDED BY GIVE SOLUTIONS, INC. AND THE MERCHANDISE OFFERED AND SOLD THROUGH THIS SERVICE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE, AVAILABILITY, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED BY GIVE SOLUTIONS, INC. GIVE SOLUTIONS, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GIVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  14. Security

    The security of your personal information and that of your designated recipient(s) is important to us. We follow reasonable standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

  15. Third Party Content

    We are a distributor and not a publisher of the content supplied by third parties (“Third Party Content”) on the Site, including without limitation descriptions of goods and/or services provided to us by Providers, Merchants, Sponsors and/or Licensors. We do not have editorial control over such Third Party Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Third Party Content expressed or made available by third parties are those of the respective authors or distributors. GIVE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT. GIVE will not be liable for any loss or damage caused by your reliance on any Third Party Content or other information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other Third Party Content available through the Site.

    Our websites may provide links to third party websites. The inclusion of any link does not imply our endorsement of any other company, its websites, or its products and/or services. These linked websites have separate and independent privacy policies, which we recommend you read carefully. We have no control over such websites and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use, disclose or otherwise treat your personal information.

  16. Indemnification

    You agree to indemnify and hold harmless GIVE Solutions, Inc. and its officers, directors, employees and suppliers, from any claim, demand, action or damage, including reasonable attorneys’ fees, arising from or related to your use of our services or website.

  17. Applicable Law

    These Terms of Use shall be governed in all respects by the laws of the State of New Jersey, excluding its rules governing conflict of laws.  You agree that any claim or dispute you may have against GIVE Solutions, Inc. must be resolved by a court located in Passaic County, New Jersey or any federal court in the District of New Jersey and you consent to exclusive jurisdiction and venue in such courts. YOU AND WE EXPRESSLY AGREE HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW TO WAIVE THE RIGHT TO A TRIAL BY JURY.

  18. Waiver & Severability

    If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 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. We do not guarantee we will take action against all breaches of this Agreement.

  19. Complete Agreement:

    These Terms of Use constitute the entire agreement between you and us with respect to use of our site and our services.

  20. Contact Information

    If you have any questions about these terms of use or the practices of this site, please contact us at info@gi-ve.com or contact us at GIVE Solutions, Inc., 136 Washington Street, Paterson, NJ 07505. We would be happy to answer your questions or hear your concerns.

Last Updated: May 1st, 2010