Terms of Service
TERMS OF SERVICE
This website, as well as all associated mobile sites and mobile
applications (collectively referred to as “Site”) is operated by
WeLoveYourGift.com. "You/your"
means you as a user of the Site. We offer this Site, including all
information, products and services available from this Site, to
you conditioned upon your acceptance of all the terms,
conditions, policies and notices stated here in.
YOUR CONTINUED USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.
By accessing this Site, you agree to be bound by the Terms of
Use set forth herein. If there is any thing you do not
understand, please email any inquiry to sales@weloveyourgift.com. If
at any time you do not agree to these Terms of Use, please do
not use this Site.
YOU SHALL NOT USE THE SITE FOR ANY ILLEGAL PURPOSES, AND
YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND
REGULATIONS. YOU SHALL NOT USE THE SITEIN A WAY THAT MAY
CAUSE THE SITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS
EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY
OF THE SITE IS IN ANYWAY IMPAIRED. YOU AGREE NOT TO
ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE SITE.
INTELLECTUAL PROPERTY OWNERSHIP AND USE
You acknowledge and agree that all of our trademarks, logos,
copyrights and any and all other intellectual property rights in
all material or content contained within this Site shall remain
at all times vested in us or, in the cases where we are using
such material or content under authority from a third party, in
the owner of such material or content.
We grant you the limited right to access and make use of the
Site as our customer. However, you shall not: a) reproduce,
duplicate, copy, sell or otherwise exploit the Site or any image,
page layout, page design, trade dress, trademark, logo or
other content (“Site Content”) for any commercial purpose; b)
use a robot, spider or data mining or extraction tool or process
to monitor, extract or copy Site Content; c) use any meta tags,
search terms, key terms, or the like that contain the Site’s
name or our trademarks; d)engage in any activity that
interferes with the Site or another user’s ability to use the Site;
e) modify, create derivative works from, reverse engineer,
decompile or disassemble any technology used to provide
the Site and the goods or services offered on the Site; or f)
assist or encourage any third party in engaging in any activity
prohibited by these Terms of Use.
You may not shall not use, copy, distribute, or exploit any of
the Site Content in any manner without our prior written
permission.
All Site Content and all materials and content contained
within the Site, including but not limited to the text, graphics,
logos, icons, images, audio clips, video clips, articles, posts
and data appearing on the Site, are owned by us, or used by
us under authorization, and are protected by U.S. and foreign
trademark and copyright laws. No portion of the materials or
content on these pages may be reprinted or republished in
any form without our express written permission.
INFRINGEMENT NOTICE
We respect the intellectual property rights of others and
require that our users do the same. If you believe your work
has been copied in a manner that constitutes copyright
infringement, or you believe your rights are otherwise
infringed or violated by anything on the Site, please notify us
by sending an email at the following address: .
In order for us to more effectively assist you, the notification
must include all of the following:
1. A physical or electronic signature of the owner of the
right claimed to be infringed or the person authorized to
act on the owner’s behalf;
2. A description of the copyrighted work or other right you
claim has been infringed or violated;
3. Information reasonably sufficient to locate the material in
question on the Site;
4. Your name, address, telephone number, e-mail address
and all other in formation reasonably sufficient to permit
us to contact you;
5. A statement by you that you have a good faith belief that
the disputed use is not authorized by the rightful owner,
its agent or the law; and
6. A statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that
you are the owner of the right claimed to be infringed or
violated or are authorized to act on behalf of the owner.
ERRORS AND INACCURACIES
We strive to provide complete, accurate, up-to-date
information on the Site. Unfortunately, despite those efforts,
human or technological errors may occur. The Site may
contain typographical mistakes, inaccuracies, or omissions,
some of which may relate to pricing and availability of
products or the events we promote, and some information
may not be complete or current. We reserve the right to
correct any errors, inaccuracies or omissions, including after
an order has been submitted, and to change or update
information at any time without prior notice.
You acknowledge that the particular technical specifications
and settings of your computer and its display could affect the
accuracy of its display of the colors and look of products
offered on the Site.
IF YOU BELIEVE THAT A PRODUCT OFFERED BY US IS NOT AS
DESCRIBED, YOUR SOLEREMEDY IS TO RETURN IT TO US FOR A
REFUND.
CHANGES TO SITE OR THESE TERMS OF USE
Other than as may be required by law, we reserve the right to
modify or withdraw, temporarily or permanently, the Site (or
any part of it) with or without notice to you, and you confirm
that we shall not be liable to you or any third party for any
modification to withdraw or withdrawal of the Site or any
portion o fit.
We may alter these Terms of Use from time to time, and your
use of the Site (or any part of the Site)following such change
shall be deemed to be your acceptance of such change. It is
your responsibility to check regularly to determine whether
the Terms of Use have been changed. If you do not agree to
any change to the Terms of Use then you must immediately
stop using the Site.
The Site is subject to constant change. You will not be eligible
for any compensation because you cannot use any part of
the Site or because of a failure, suspension or withdrawal of all
or part of the Site.
EXTERNAL SITES AND RESOURCES
We are not responsible for the availability of any websites
owned or controlled by third-parties. We do not endorse and
are not responsible or liable, directly or indirectly, for the
privacy practices or the content(including misrepresentative
or defamatory content) of any third party websites, including
(without limitation) any advertising, products or other
materials or services on or available from such websites or
resources, nor for any damage, loss or offense caused or
alleged to be caused by, or in connection with, the use of or
reliance on any such content, goods or services available on
such third-party external sites or resources.
ORDERS, PRICE AND RESALE
Nothing on the Site constitutes a binding offer to sell products
described on the Site or to make such products available in
your area. We reserve the right at any time after receipt of
your order to accept or decline your order, or any portion
thereof, in our sole discretion, even after your receipt of an
order confirmation or after your credit card has been charged.
The prices displayed on the Site are quoted in U.S. dollars and
must be paid in U.S. dollars. In the event a product is listed at
an incorrect price, we have the right to refuse or cancel orders
placed for the product listed at the incorrect price, regardless
of whether the order has been confirmed or your credit card
charged. If your credit card has already been charged for the
purchase and your order is canceled, we will issue a credit to
your credit card account.
USER CONTENT/USER REVIEWS
The Site allows or may allow users to post product reviews or
other content to the Site. We are not responsible for, nor do we
vouch for the accuracy of, the content of any user reviews,
comments or other content that may be posted or uploaded
by a user (“User Content”). User Content expresses the views
and opinions of the User and does not necessarily reflect our
views or opinions. We reserve the right, in our sole discretion,
to edit, delete, or refuse to post User Content, for any reason
whatsoever.
If you believe that any User Content is inaccurate or
objectionable, you should contact us by sending an email to
sales@weloveyourgift.com. Please provide us with detailed
information about the nature and location of the alleged
objectionable material so that we may easily locate and
investigate the same. Please be aware, however, that we have
no obligation to investigate all claims regarding User Content,
but will strive to assure that all User Content complies with the
following guidelines:
By posting User Content to the Site, you agree that:
● Any product review that you post must be your honest
review of such product;
● If you are paid or receive a free product or anything else
of value for your review, you will so state within your
review;
● You will not post any content that: (i) is defamatory,
libelous, disruptive, threatening, invasive of a person's
privacy, harmful, abusive, harassing, obscene, hateful, or
racially, ethnically or otherwise objectionable; or that
otherwise violates any law; (ii) contains software viruses
or any other computer codes, files or programs designed
to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications
equipment; (iii) infringes any person or entity's
intellectual property rights (including but not limited to,
patent, trademark, trade secret, copyright or other
intellectual property right);
● You will not impersonate any person or entity or
otherwise misrepresent your affiliation with a person or
entity.
● You will not repeatedly post the same or similar message
("flooding") or post excessively large or inappropriate
images or content.
● You will not distribute or publish unsolicited promotions,
advertising or solicitations for funds, goods or services.
When reviewing a product, please keep the following in mind:
● Only post reviews and ratings about the product itself. For
example, any issues with customer service or shipping
should be handled by contacting our customer service
team at hello@REPLACE.com
● Safety concerns should not be addressed in a product
review. Instead if you have any concerns regarding the
safety of any of our products, please contact us at
hello@REPLACE.com
User Content becomes public information. You should be very
careful about posting personally identifiable information such
as your name, address, telephone number or email address. If
you post personal information online, you may receive
unsolicited messages from other Users in return.
If you submit any User Content to this Site, you grant to us, and
any of our successors, licensees, assigns, and affiliates, a
royalty-free, perpetual, irrevocable, non-exclusive and fully
sub-licensable right and license to use, reproduce, modify,
edit, adapt, publish, translate, create derivative works from,
distribute, perform and display the User Content, and in any
other media, now known or here after devised.
You assume all risks associated with dealing with other users
with whom you may come in contact through the Site.
SALES, SHIPPING, AND RETURNS
We accept credit cards for our products through our third-
party payment processors. Please be sure to provide your
exact billing address and telephone number (i.e. the address
and phone number your credit card bank has on file for you).
Incorrect information will cause a delay in processing your
order. Your credit card will be billed upon receipt of your order.
For a multiple product orders, our order processing company
will make every attempt to ship all products contained in the
order at the same time. Products that are unavailable at the
time of shipping will be shipped as they become available,
unless you inform us otherwise. You will only be charged for
products contained in a given shipment, plus any applicable
shipping charges. You will only be charged for shipping at the
rate quoted to you on your purchase receipt. The entirety of
this shipping charge may be applied to the first product(s)
shipped on a multiple shipment order.
Your receipt of an electronic or other form of order
confirmation does not signify our acceptance of your order,
nor does it constitute confirmation of our offer to sell. We
reserve the right at any time after receipt of your order to
accept or decline your order for any reason or to supply less
than the quantity you ordered of any item.
Your order will ship as it becomes available, and our order
processing company will make every effort to ship your order
as quickly as possible. There may be times when a product
you have ordered is out-of-stock, which will delay fulfilling
your order. You will be informed of any products that you have
ordered that are out-of-stock and unavailable for immediate
shipment. You may cancel your order at any time prior to
shipping. We cannot guarantee when an order will arrive.
Consider any shipping or transit time offered to you by us only
as an estimate. We encourage you to order in a timely fashion
to avoid delays caused by shipping or product availability.
We will accept the return of products that are defective due to
defects in manufacturing and/or workmanship within three
(3) days from the date you receive your purchase. Fulfillment
mistakes that we make resulting in the shipment of incorrect
product to you will also be accepted for return within three (3)
days from the date you receive your purchase.
Your credit card will be automatically charged for all
applicable sales taxes; however, it is your responsibility as the
customer to report any purchases of tangible personal
property that have not been taxed by us and pay the sales or
use tax on those purchases unless exempt under local state
law. If yo uare shipping outside of the US, once your order
arrives at its destination, you will be required to pay all import
duties, customs and local sales taxes levied by the country to
which you are shipping in order to release your order from
customs. International duties and taxes will be marked “Bill to
Recipient.” We are not responsible for orders not accepted
due to failure to pay duties and taxes. International shipping,
duty, and taxes are non-refundable in the event of a return/exchange.
DISCLAIMERS
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN
RELATION TO THE ACCURACY OF ANY INFORMATION ON THE
WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN
RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY,
SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY
IMPLIED WARRANTY ARISING FROM COURSE OF DEALING
ORUSAGE OR TRADE.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR
REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR
RELIABLE.
AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU
ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE
SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR
PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO
OR TAKEN FROM THEWEBSITE BY YOU.
SMS/MMS MOBILE MESSAGE MARKETING
PROGRAM (INCLUDING CART REMINDERS)
TERMS AND CONDITIONS
(a). When you opt-in to the service, we will send you an SMS
message to confirm your signup. (b). Our messaging service
will be used for marketing communications (including
company updates, events, sales, shopping cart reminders,
etc.) (c). You can cancel the SMS service at any time. Just text
"STOP" to the short code. After you send the SMS message
"STOP" to us, we will send you an SMS message to confirm that
you have been unsubscribed. After this, you will no longer
receive SMS messages from us. If you want to join again, just
sign up as you did the first time and we will start sending SMS
messages to you again. (d). If at any time you forget what
keywords are supported, just text "HELP" to the short code. After
you send the SMS message "HELP" to us, we will respond with
instructions on how to use our service as well as how to
unsubscribe. (e). We are able to deliver messages to the
following mobile phone carriers: Major carriers: AT&T, Verizon
Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost
Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska
Communications Systems (ACS), Appalachian Wireless (EKN),
Bluegrass Cellular, Cellular One of East Central IL (ECIT),
Cellular One of Northeast Pennsylvania, Cincinnati Bell
Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross,
Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone),
GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW
Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa
Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic
(Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos,
Panhandle Communications, Pioneer, Plateau (Texas RSA 3
Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular,
Union Wireless, United Wireless, Viaero Wireless, and West
Central (WCC or 5 Star Wireless). ***Carriers are not liable for
delayed or undelivered messages*** (f). As always, message
and data rates may apply for any messages sent to you from
us and to us from you. Frequency of messages may vary. If
you have any questions about your text plan or data plan, it is
best to contact your wireless provider. For all questions about
the services provided by this short code, you can send an
email to sales@weloveyourgift.com.
If you have any questions regarding privacy, please read our
privacy policy: https://REPLACE.com/pages/REPLACE-privacy-
policy
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING
WITHOUT LIMITATION LOSSOF REVENUES, PROFITS, CONTRACTS,
BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOOD
WILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR
ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING
OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR
NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT
THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS
OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
INDEMNIFICATION
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY
US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS
AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND
ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE
AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES
OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES
ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY
OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER
OR INTERNET ACCESS ACCOUNT.
BINDING ARBITRATION REQUIREMENT FOR RESOLUTION OF DISPUTES
Any disputes arising out of or regarding these Terms of Use
will be governed by the laws of the State of New York,
applicable to agreements made and performed in New York.
Except where prohibited by law, you further agree that (1) any
and all disputes and causes of action arising out these Terms
of Use shall be resolved individually, without resort to any form
of class action, and exclusively by final and binding arbitration
under the rules of the Judicial Arbitration and Mediation
Services, Inc. (“JAMS”) and held at the JAMS regional office
located in New York, New York. The remedy for any claim shall
be limited to actual damages, and in no event shall any party
be entitled to recover punitive, exemplary, consequential, or
incidental damages, including attorney’s fees or other such
related costs of bringing a claim or seek injunctive relief or
any other equitable claim.
All disputes between you and us will be resolved by BINDING
ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO
TO COURT to assert or defend your rights under this contract,
except formatters that may be taken to small claims court.
Your rights will be determined by a neutral arbitrator, NOT a
judge or jury. You agree that any dispute arising out of or
relating to this Agreement, including with respect to the
interpretation of any provision of this Agreement or
concerning the performance or obligations of us or you, shall
be resolved by mandatory and binding arbitration submitted
to JAMS in accordance with its Commercial Arbitration Rules
at the request of either us or you pursuant to the following
conditions:
● Unless you elect to conduct the arbitration by telephone
or written submission, an in-person arbitration hearing
will conducted at a JAMS facility in your area or at a JAMS
facility in or near Manhattan, New York City, New York.
● Selection of Arbitrator shall be made pursuant to JAMS’
Streamlined Arbitration Rules & Procedures or JAMS’
Comprehensive Arbitration Rules & Procedures,
depending on the amount of the claim as specified
herein.
● The arbitration shall be conducted by a single neutral
arbitrator under JAMS’ Streamlined Arbitration Rules &
Procedures. For claims exceeding $5,000.00, the
arbitration shall be conducted under JAMS’
Comprehensive Arbitration Rules & Procedures. Claims
for $5,000.00 or less shall be conducted under JAMS’
Streamlined Arbitration Rules & Procedures. Subject to
the applicable JAMS procedure, the arbitrator in his or her
discretion shall allow reasonable and proportional
discovery, to the extent consistent with the claims at
issue and the purpose of the arbitration. The arbitrator(s)
shall have no power or authority to amend or disregard
any provision of this section or any other provision of
these Terms of Use, except as necessary to comply with
JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-
Dispute Clauses Minimum Standards of Procedural
Fairness. The arbitration hearing shall be commenced
promptly and conducted expeditiously. If more than one
day is necessary, the arbitration hearing shall be
conducted on consecutive days unless otherwise agreed
in writing by the parties.
● The arbitrator(s) shall, after reaching judgment and
award, prepare and distribute to the parties written
findings of fact and conclusions of law relevant to such
judgment and award and containing an opinion setting
forth the reasons for the giving or denial of any award.
The award of the arbitrator(s) shall be final and binding
on the parties, and judgment thereon may be entered in
a court of competent jurisdiction.
● You will be subject to a $250 filing fee to initiate an
arbitration. To the extent permitted by JAMS procedures,
each party shall bear its own costs and expenses and an
equal share of the arbitrators' and administrative fees of
arbitration, with REPLACE remaining responsible for its
share of costs, expenses and fees plus any costs,
expenses and fees required of it under JAMS procedures.
● The Federal Arbitration Act and federal arbitration law
apply to these Terms of Use. Either party also may,
without waiving any remedy under this Agreement, seek
from any court having jurisdiction any interim or
provisional relief that is necessary to protect the rights or
property of that party, pending the establishment of the
arbitral tribunal (or pending the arbitral tribunal's
determination of the merits of the controversy). We also
both agree that you or we may bring suit in court to
enjoin infringement or other misuse of intellectual
property rights.
● Subject to the requirement for arbitration hereunder, in
any action arising out of or relating to this Privacy Policy,
the laws of the State of Louisiana shall be applied, without
regard to choice of laws.
Class-Action Waiver: all claims to be heard on an
individual basis only
You further expressly waive any ability to maintain any class
action in any forum, including in arbitration. Any arbitration,
claim or other proceedings by or between you and us shall be
conducted on an individual basis and not in any class action,
mass action, or on a consolidated or representative basis. You
further agree that the arbitrator shall have no authority to
award class-wide relief or to combine or aggregate similar
claims or unrelated transactions. You acknowledge and agree
that this agreement specifically prohibits you from
commencing arbitration proceedings as a representative of
others. If for any reason acclaim proceeds in court rather than
in arbitration, we each waive any right to a jury trial. Any claim
that all or part of this Class Action Waiver is unenforceable,
unconscionable, void, or voidable may be determined only by
a court of competent jurisdiction and not by an arbitrator.
Investigations of Violations of These Terms
We may investigate any reported violation of these Terms of
Use and take any action that we deem appropriate. Such
action may include, but is not limited to, issuing warnings,
removing posted content and/or reporting any activity that
we suspect violates any law or regulation to appropriate law
enforcement officials, regulators, or other third parties.
Notice for California Users
Under California Civil Code Section 1789.3, residents of
California who use this Site are entitled to know that they may
file grievances and complaints with: the Complaint Assistance
Unit of the Division of Consumer Services of the California
Department of Consumer Affairs, in writing at 400 R Street,
Suite 1080, Sacramento, California 95814, or by telephone at
(916) 445-1254 or (800) 952-5210, or by email at
dca@dca.ca.gov.
In addition, we may be reached by email at sales@weloveyourgift.com
Please contact us to resolve any issues with our Site that you may have.
Miscellaneous
If any part of these Terms of Use shall be deemed unlawful,
void or for any reason unenforceable, then that provision shall
be deemed to be severable from these Terms of Use and shall
not affect the validity and enforceability of any of the
remaining provisions of the Terms of Use.
These Terms of Use and our Privacy Policy, and any other
terms or agreements that may be posted on the Site (as may
be amended from time to time) (“Site Agreements”) contain
the entire agreement between you and us relating to the Site
and your use of the Site and supersede any previous
agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to such matters.
No oral explanation or oral information shall alter the
interpretation of these Site Agreements. You confirm that, in
agreeing to accept these Site Agreements, you have not relied
on any representation except insofar as the same has
expressly been made a representation in these Site
Agreements, and you agree that you shall have no remedy in
respect of any representation which has not become a term
of these Site Agreements.
You may send us notices or communicate with us by email at
sales@weloveyourgift.com. If you send us an email that asks for a
response, and you do not receive a response within ten (10)
business days, please send us another email as we may not
have received your previous email. When you send e-mail to
us, you are communicating with us electronically, and you
agree that we may communicate with you electronically. You
acknowledge that that communications by email are not
considered confidential communications. Therefore, please
do not send us any confidential information by email.
We Love Your Gift
9618 Jefferson Hwy
Suite D-211
Baton Rouge, LA 70809
sales@weloveyourgift.com
M-F 9AM-5PM CST
This website, as well as all associated mobile sites and mobile
applications (collectively referred to as “Site”) is operated by
WeLoveYourGift.com. "You/your"
means you as a user of the Site. We offer this Site, including all
information, products and services available from this Site, to
you conditioned upon your acceptance of all the terms,
conditions, policies and notices stated here in.
YOUR CONTINUED USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.
By accessing this Site, you agree to be bound by the Terms of
Use set forth herein. If there is any thing you do not
understand, please email any inquiry to sales@weloveyourgift.com. If
at any time you do not agree to these Terms of Use, please do
not use this Site.
YOU SHALL NOT USE THE SITE FOR ANY ILLEGAL PURPOSES, AND
YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND
REGULATIONS. YOU SHALL NOT USE THE SITEIN A WAY THAT MAY
CAUSE THE SITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS
EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY
OF THE SITE IS IN ANYWAY IMPAIRED. YOU AGREE NOT TO
ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE SITE.
INTELLECTUAL PROPERTY OWNERSHIP AND USE
You acknowledge and agree that all of our trademarks, logos,
copyrights and any and all other intellectual property rights in
all material or content contained within this Site shall remain
at all times vested in us or, in the cases where we are using
such material or content under authority from a third party, in
the owner of such material or content.
We grant you the limited right to access and make use of the
Site as our customer. However, you shall not: a) reproduce,
duplicate, copy, sell or otherwise exploit the Site or any image,
page layout, page design, trade dress, trademark, logo or
other content (“Site Content”) for any commercial purpose; b)
use a robot, spider or data mining or extraction tool or process
to monitor, extract or copy Site Content; c) use any meta tags,
search terms, key terms, or the like that contain the Site’s
name or our trademarks; d)engage in any activity that
interferes with the Site or another user’s ability to use the Site;
e) modify, create derivative works from, reverse engineer,
decompile or disassemble any technology used to provide
the Site and the goods or services offered on the Site; or f)
assist or encourage any third party in engaging in any activity
prohibited by these Terms of Use.
You may not shall not use, copy, distribute, or exploit any of
the Site Content in any manner without our prior written
permission.
All Site Content and all materials and content contained
within the Site, including but not limited to the text, graphics,
logos, icons, images, audio clips, video clips, articles, posts
and data appearing on the Site, are owned by us, or used by
us under authorization, and are protected by U.S. and foreign
trademark and copyright laws. No portion of the materials or
content on these pages may be reprinted or republished in
any form without our express written permission.
INFRINGEMENT NOTICE
We respect the intellectual property rights of others and
require that our users do the same. If you believe your work
has been copied in a manner that constitutes copyright
infringement, or you believe your rights are otherwise
infringed or violated by anything on the Site, please notify us
by sending an email at the following address: .
In order for us to more effectively assist you, the notification
must include all of the following:
1. A physical or electronic signature of the owner of the
right claimed to be infringed or the person authorized to
act on the owner’s behalf;
2. A description of the copyrighted work or other right you
claim has been infringed or violated;
3. Information reasonably sufficient to locate the material in
question on the Site;
4. Your name, address, telephone number, e-mail address
and all other in formation reasonably sufficient to permit
us to contact you;
5. A statement by you that you have a good faith belief that
the disputed use is not authorized by the rightful owner,
its agent or the law; and
6. A statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that
you are the owner of the right claimed to be infringed or
violated or are authorized to act on behalf of the owner.
ERRORS AND INACCURACIES
We strive to provide complete, accurate, up-to-date
information on the Site. Unfortunately, despite those efforts,
human or technological errors may occur. The Site may
contain typographical mistakes, inaccuracies, or omissions,
some of which may relate to pricing and availability of
products or the events we promote, and some information
may not be complete or current. We reserve the right to
correct any errors, inaccuracies or omissions, including after
an order has been submitted, and to change or update
information at any time without prior notice.
You acknowledge that the particular technical specifications
and settings of your computer and its display could affect the
accuracy of its display of the colors and look of products
offered on the Site.
IF YOU BELIEVE THAT A PRODUCT OFFERED BY US IS NOT AS
DESCRIBED, YOUR SOLEREMEDY IS TO RETURN IT TO US FOR A
REFUND.
CHANGES TO SITE OR THESE TERMS OF USE
Other than as may be required by law, we reserve the right to
modify or withdraw, temporarily or permanently, the Site (or
any part of it) with or without notice to you, and you confirm
that we shall not be liable to you or any third party for any
modification to withdraw or withdrawal of the Site or any
portion o fit.
We may alter these Terms of Use from time to time, and your
use of the Site (or any part of the Site)following such change
shall be deemed to be your acceptance of such change. It is
your responsibility to check regularly to determine whether
the Terms of Use have been changed. If you do not agree to
any change to the Terms of Use then you must immediately
stop using the Site.
The Site is subject to constant change. You will not be eligible
for any compensation because you cannot use any part of
the Site or because of a failure, suspension or withdrawal of all
or part of the Site.
EXTERNAL SITES AND RESOURCES
We are not responsible for the availability of any websites
owned or controlled by third-parties. We do not endorse and
are not responsible or liable, directly or indirectly, for the
privacy practices or the content(including misrepresentative
or defamatory content) of any third party websites, including
(without limitation) any advertising, products or other
materials or services on or available from such websites or
resources, nor for any damage, loss or offense caused or
alleged to be caused by, or in connection with, the use of or
reliance on any such content, goods or services available on
such third-party external sites or resources.
ORDERS, PRICE AND RESALE
Nothing on the Site constitutes a binding offer to sell products
described on the Site or to make such products available in
your area. We reserve the right at any time after receipt of
your order to accept or decline your order, or any portion
thereof, in our sole discretion, even after your receipt of an
order confirmation or after your credit card has been charged.
The prices displayed on the Site are quoted in U.S. dollars and
must be paid in U.S. dollars. In the event a product is listed at
an incorrect price, we have the right to refuse or cancel orders
placed for the product listed at the incorrect price, regardless
of whether the order has been confirmed or your credit card
charged. If your credit card has already been charged for the
purchase and your order is canceled, we will issue a credit to
your credit card account.
USER CONTENT/USER REVIEWS
The Site allows or may allow users to post product reviews or
other content to the Site. We are not responsible for, nor do we
vouch for the accuracy of, the content of any user reviews,
comments or other content that may be posted or uploaded
by a user (“User Content”). User Content expresses the views
and opinions of the User and does not necessarily reflect our
views or opinions. We reserve the right, in our sole discretion,
to edit, delete, or refuse to post User Content, for any reason
whatsoever.
If you believe that any User Content is inaccurate or
objectionable, you should contact us by sending an email to
sales@weloveyourgift.com. Please provide us with detailed
information about the nature and location of the alleged
objectionable material so that we may easily locate and
investigate the same. Please be aware, however, that we have
no obligation to investigate all claims regarding User Content,
but will strive to assure that all User Content complies with the
following guidelines:
By posting User Content to the Site, you agree that:
● Any product review that you post must be your honest
review of such product;
● If you are paid or receive a free product or anything else
of value for your review, you will so state within your
review;
● You will not post any content that: (i) is defamatory,
libelous, disruptive, threatening, invasive of a person's
privacy, harmful, abusive, harassing, obscene, hateful, or
racially, ethnically or otherwise objectionable; or that
otherwise violates any law; (ii) contains software viruses
or any other computer codes, files or programs designed
to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications
equipment; (iii) infringes any person or entity's
intellectual property rights (including but not limited to,
patent, trademark, trade secret, copyright or other
intellectual property right);
● You will not impersonate any person or entity or
otherwise misrepresent your affiliation with a person or
entity.
● You will not repeatedly post the same or similar message
("flooding") or post excessively large or inappropriate
images or content.
● You will not distribute or publish unsolicited promotions,
advertising or solicitations for funds, goods or services.
When reviewing a product, please keep the following in mind:
● Only post reviews and ratings about the product itself. For
example, any issues with customer service or shipping
should be handled by contacting our customer service
team at hello@REPLACE.com
● Safety concerns should not be addressed in a product
review. Instead if you have any concerns regarding the
safety of any of our products, please contact us at
hello@REPLACE.com
User Content becomes public information. You should be very
careful about posting personally identifiable information such
as your name, address, telephone number or email address. If
you post personal information online, you may receive
unsolicited messages from other Users in return.
If you submit any User Content to this Site, you grant to us, and
any of our successors, licensees, assigns, and affiliates, a
royalty-free, perpetual, irrevocable, non-exclusive and fully
sub-licensable right and license to use, reproduce, modify,
edit, adapt, publish, translate, create derivative works from,
distribute, perform and display the User Content, and in any
other media, now known or here after devised.
You assume all risks associated with dealing with other users
with whom you may come in contact through the Site.
SALES, SHIPPING, AND RETURNS
We accept credit cards for our products through our third-
party payment processors. Please be sure to provide your
exact billing address and telephone number (i.e. the address
and phone number your credit card bank has on file for you).
Incorrect information will cause a delay in processing your
order. Your credit card will be billed upon receipt of your order.
For a multiple product orders, our order processing company
will make every attempt to ship all products contained in the
order at the same time. Products that are unavailable at the
time of shipping will be shipped as they become available,
unless you inform us otherwise. You will only be charged for
products contained in a given shipment, plus any applicable
shipping charges. You will only be charged for shipping at the
rate quoted to you on your purchase receipt. The entirety of
this shipping charge may be applied to the first product(s)
shipped on a multiple shipment order.
Your receipt of an electronic or other form of order
confirmation does not signify our acceptance of your order,
nor does it constitute confirmation of our offer to sell. We
reserve the right at any time after receipt of your order to
accept or decline your order for any reason or to supply less
than the quantity you ordered of any item.
Your order will ship as it becomes available, and our order
processing company will make every effort to ship your order
as quickly as possible. There may be times when a product
you have ordered is out-of-stock, which will delay fulfilling
your order. You will be informed of any products that you have
ordered that are out-of-stock and unavailable for immediate
shipment. You may cancel your order at any time prior to
shipping. We cannot guarantee when an order will arrive.
Consider any shipping or transit time offered to you by us only
as an estimate. We encourage you to order in a timely fashion
to avoid delays caused by shipping or product availability.
We will accept the return of products that are defective due to
defects in manufacturing and/or workmanship within three
(3) days from the date you receive your purchase. Fulfillment
mistakes that we make resulting in the shipment of incorrect
product to you will also be accepted for return within three (3)
days from the date you receive your purchase.
Your credit card will be automatically charged for all
applicable sales taxes; however, it is your responsibility as the
customer to report any purchases of tangible personal
property that have not been taxed by us and pay the sales or
use tax on those purchases unless exempt under local state
law. If yo uare shipping outside of the US, once your order
arrives at its destination, you will be required to pay all import
duties, customs and local sales taxes levied by the country to
which you are shipping in order to release your order from
customs. International duties and taxes will be marked “Bill to
Recipient.” We are not responsible for orders not accepted
due to failure to pay duties and taxes. International shipping,
duty, and taxes are non-refundable in the event of a return/exchange.
DISCLAIMERS
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN
RELATION TO THE ACCURACY OF ANY INFORMATION ON THE
WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN
RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY,
SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY
IMPLIED WARRANTY ARISING FROM COURSE OF DEALING
ORUSAGE OR TRADE.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR
REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR
RELIABLE.
AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU
ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE
SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR
PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO
OR TAKEN FROM THEWEBSITE BY YOU.
SMS/MMS MOBILE MESSAGE MARKETING
PROGRAM (INCLUDING CART REMINDERS)
TERMS AND CONDITIONS
(a). When you opt-in to the service, we will send you an SMS
message to confirm your signup. (b). Our messaging service
will be used for marketing communications (including
company updates, events, sales, shopping cart reminders,
etc.) (c). You can cancel the SMS service at any time. Just text
"STOP" to the short code. After you send the SMS message
"STOP" to us, we will send you an SMS message to confirm that
you have been unsubscribed. After this, you will no longer
receive SMS messages from us. If you want to join again, just
sign up as you did the first time and we will start sending SMS
messages to you again. (d). If at any time you forget what
keywords are supported, just text "HELP" to the short code. After
you send the SMS message "HELP" to us, we will respond with
instructions on how to use our service as well as how to
unsubscribe. (e). We are able to deliver messages to the
following mobile phone carriers: Major carriers: AT&T, Verizon
Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost
Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska
Communications Systems (ACS), Appalachian Wireless (EKN),
Bluegrass Cellular, Cellular One of East Central IL (ECIT),
Cellular One of Northeast Pennsylvania, Cincinnati Bell
Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross,
Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone),
GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW
Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa
Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic
(Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos,
Panhandle Communications, Pioneer, Plateau (Texas RSA 3
Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular,
Union Wireless, United Wireless, Viaero Wireless, and West
Central (WCC or 5 Star Wireless). ***Carriers are not liable for
delayed or undelivered messages*** (f). As always, message
and data rates may apply for any messages sent to you from
us and to us from you. Frequency of messages may vary. If
you have any questions about your text plan or data plan, it is
best to contact your wireless provider. For all questions about
the services provided by this short code, you can send an
email to sales@weloveyourgift.com.
If you have any questions regarding privacy, please read our
privacy policy: https://REPLACE.com/pages/REPLACE-privacy-
policy
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING
WITHOUT LIMITATION LOSSOF REVENUES, PROFITS, CONTRACTS,
BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOOD
WILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR
ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING
OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR
NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT
THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS
OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
INDEMNIFICATION
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY
US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS
AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND
ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE
AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES
OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES
ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY
OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER
OR INTERNET ACCESS ACCOUNT.
BINDING ARBITRATION REQUIREMENT FOR RESOLUTION OF DISPUTES
Any disputes arising out of or regarding these Terms of Use
will be governed by the laws of the State of New York,
applicable to agreements made and performed in New York.
Except where prohibited by law, you further agree that (1) any
and all disputes and causes of action arising out these Terms
of Use shall be resolved individually, without resort to any form
of class action, and exclusively by final and binding arbitration
under the rules of the Judicial Arbitration and Mediation
Services, Inc. (“JAMS”) and held at the JAMS regional office
located in New York, New York. The remedy for any claim shall
be limited to actual damages, and in no event shall any party
be entitled to recover punitive, exemplary, consequential, or
incidental damages, including attorney’s fees or other such
related costs of bringing a claim or seek injunctive relief or
any other equitable claim.
All disputes between you and us will be resolved by BINDING
ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO
TO COURT to assert or defend your rights under this contract,
except formatters that may be taken to small claims court.
Your rights will be determined by a neutral arbitrator, NOT a
judge or jury. You agree that any dispute arising out of or
relating to this Agreement, including with respect to the
interpretation of any provision of this Agreement or
concerning the performance or obligations of us or you, shall
be resolved by mandatory and binding arbitration submitted
to JAMS in accordance with its Commercial Arbitration Rules
at the request of either us or you pursuant to the following
conditions:
● Unless you elect to conduct the arbitration by telephone
or written submission, an in-person arbitration hearing
will conducted at a JAMS facility in your area or at a JAMS
facility in or near Manhattan, New York City, New York.
● Selection of Arbitrator shall be made pursuant to JAMS’
Streamlined Arbitration Rules & Procedures or JAMS’
Comprehensive Arbitration Rules & Procedures,
depending on the amount of the claim as specified
herein.
● The arbitration shall be conducted by a single neutral
arbitrator under JAMS’ Streamlined Arbitration Rules &
Procedures. For claims exceeding $5,000.00, the
arbitration shall be conducted under JAMS’
Comprehensive Arbitration Rules & Procedures. Claims
for $5,000.00 or less shall be conducted under JAMS’
Streamlined Arbitration Rules & Procedures. Subject to
the applicable JAMS procedure, the arbitrator in his or her
discretion shall allow reasonable and proportional
discovery, to the extent consistent with the claims at
issue and the purpose of the arbitration. The arbitrator(s)
shall have no power or authority to amend or disregard
any provision of this section or any other provision of
these Terms of Use, except as necessary to comply with
JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-
Dispute Clauses Minimum Standards of Procedural
Fairness. The arbitration hearing shall be commenced
promptly and conducted expeditiously. If more than one
day is necessary, the arbitration hearing shall be
conducted on consecutive days unless otherwise agreed
in writing by the parties.
● The arbitrator(s) shall, after reaching judgment and
award, prepare and distribute to the parties written
findings of fact and conclusions of law relevant to such
judgment and award and containing an opinion setting
forth the reasons for the giving or denial of any award.
The award of the arbitrator(s) shall be final and binding
on the parties, and judgment thereon may be entered in
a court of competent jurisdiction.
● You will be subject to a $250 filing fee to initiate an
arbitration. To the extent permitted by JAMS procedures,
each party shall bear its own costs and expenses and an
equal share of the arbitrators' and administrative fees of
arbitration, with REPLACE remaining responsible for its
share of costs, expenses and fees plus any costs,
expenses and fees required of it under JAMS procedures.
● The Federal Arbitration Act and federal arbitration law
apply to these Terms of Use. Either party also may,
without waiving any remedy under this Agreement, seek
from any court having jurisdiction any interim or
provisional relief that is necessary to protect the rights or
property of that party, pending the establishment of the
arbitral tribunal (or pending the arbitral tribunal's
determination of the merits of the controversy). We also
both agree that you or we may bring suit in court to
enjoin infringement or other misuse of intellectual
property rights.
● Subject to the requirement for arbitration hereunder, in
any action arising out of or relating to this Privacy Policy,
the laws of the State of Louisiana shall be applied, without
regard to choice of laws.
Class-Action Waiver: all claims to be heard on an
individual basis only
You further expressly waive any ability to maintain any class
action in any forum, including in arbitration. Any arbitration,
claim or other proceedings by or between you and us shall be
conducted on an individual basis and not in any class action,
mass action, or on a consolidated or representative basis. You
further agree that the arbitrator shall have no authority to
award class-wide relief or to combine or aggregate similar
claims or unrelated transactions. You acknowledge and agree
that this agreement specifically prohibits you from
commencing arbitration proceedings as a representative of
others. If for any reason acclaim proceeds in court rather than
in arbitration, we each waive any right to a jury trial. Any claim
that all or part of this Class Action Waiver is unenforceable,
unconscionable, void, or voidable may be determined only by
a court of competent jurisdiction and not by an arbitrator.
Investigations of Violations of These Terms
We may investigate any reported violation of these Terms of
Use and take any action that we deem appropriate. Such
action may include, but is not limited to, issuing warnings,
removing posted content and/or reporting any activity that
we suspect violates any law or regulation to appropriate law
enforcement officials, regulators, or other third parties.
Notice for California Users
Under California Civil Code Section 1789.3, residents of
California who use this Site are entitled to know that they may
file grievances and complaints with: the Complaint Assistance
Unit of the Division of Consumer Services of the California
Department of Consumer Affairs, in writing at 400 R Street,
Suite 1080, Sacramento, California 95814, or by telephone at
(916) 445-1254 or (800) 952-5210, or by email at
dca@dca.ca.gov.
In addition, we may be reached by email at sales@weloveyourgift.com
Please contact us to resolve any issues with our Site that you may have.
Miscellaneous
If any part of these Terms of Use shall be deemed unlawful,
void or for any reason unenforceable, then that provision shall
be deemed to be severable from these Terms of Use and shall
not affect the validity and enforceability of any of the
remaining provisions of the Terms of Use.
These Terms of Use and our Privacy Policy, and any other
terms or agreements that may be posted on the Site (as may
be amended from time to time) (“Site Agreements”) contain
the entire agreement between you and us relating to the Site
and your use of the Site and supersede any previous
agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to such matters.
No oral explanation or oral information shall alter the
interpretation of these Site Agreements. You confirm that, in
agreeing to accept these Site Agreements, you have not relied
on any representation except insofar as the same has
expressly been made a representation in these Site
Agreements, and you agree that you shall have no remedy in
respect of any representation which has not become a term
of these Site Agreements.
You may send us notices or communicate with us by email at
sales@weloveyourgift.com. If you send us an email that asks for a
response, and you do not receive a response within ten (10)
business days, please send us another email as we may not
have received your previous email. When you send e-mail to
us, you are communicating with us electronically, and you
agree that we may communicate with you electronically. You
acknowledge that that communications by email are not
considered confidential communications. Therefore, please
do not send us any confidential information by email.
We Love Your Gift
9618 Jefferson Hwy
Suite D-211
Baton Rouge, LA 70809
sales@weloveyourgift.com
M-F 9AM-5PM CST