TERMS OF SERVICE
Last updated: July 25, 2026
Welcome to GiftByMarie. The terms “we,” “us,” and “our” refer to GiftByMarie. We operate this online store and website, including the information, content, products, features, and services made available through it (collectively, the “Services”). Our store is powered by Shopify.
These Terms of Service (“Terms”) explain the rules that apply when you visit our website or purchase from GiftByMarie. By accessing our website, using our Services, or placing an order, you agree to these Terms and our Privacy Policy, available at:
https://giftbymarie.com/policies/privacy-policy
If you do not agree with these Terms, please do not use our Services.
SECTION 1 — ELIGIBILITY AND ACCOUNTS
You must be at least the age of majority in your state, province, or country of residence to make a purchase, or you must have permission from a parent or legal guardian.
When using our Services, you agree to provide accurate, current, and complete information, including your name, email address, billing information, shipping address, and personalization details.
If you create an account, you are responsible for protecting your login information and for activity that occurs through your account. Please contact us if you believe your account has been used without authorization.
SECTION 2 — PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to display and describe our products accurately. However, colors may appear differently depending on your screen, device settings, lighting, product material, and printing process.
Because our products are made to order, small variations in color, size, or print placement may occur. Variations that are normal results of the manufacturing or printing process are not considered defects.
Product descriptions, prices, designs, availability, and specifications may be updated or discontinued at any time without notice. We may limit the sale of products to particular people, geographic regions, or jurisdictions when reasonably necessary.
SECTION 3 — ORDERS AND ORDER ACCEPTANCE
Placing an order is an offer to purchase. An order is accepted after payment has been authorized and we send an order confirmation. We reserve the right to refuse, limit, or cancel an order when reasonably necessary, including because of suspected fraud, payment problems, inventory or production limitations, pricing errors, prohibited customer content, or an inability to deliver to the address provided.
If we cancel an order after payment has been collected, we will issue a refund for the canceled amount to the original payment method.
Please review your order carefully before submitting it. Once a made-to-order product enters production, we generally cannot cancel it or change its design, shipping address, size, color, or personalization.
SECTION 4 — PERSONALIZED PRODUCTS AND CUSTOMER-PROVIDED CONTENT
Many GiftByMarie products are personalized using names, dates, phrases, photographs, artwork, or other information supplied by the customer (“Customer Content”).
You are responsible for checking all spelling, capitalization, dates, names, colors, photographs, product options, and other personalization details before placing your order. We are not responsible for mistakes contained in information submitted or approved by the customer.
By uploading or submitting Customer Content, you confirm that:
• You own the content or have permission to use it for the requested product.
• The content does not infringe another person’s copyright, trademark, privacy, publicity, or other legal rights.
• You have permission from any identifiable person shown in a submitted photograph, including permission from a parent or legal guardian when required.
• The content is not unlawful, threatening, hateful, obscene, abusive, fraudulent, or otherwise prohibited.
You keep ownership of your Customer Content. You grant GiftByMarie and the service providers involved in producing and delivering your order a limited, non-exclusive right to receive, store, reproduce, resize, crop, adjust, print, and transmit the Customer Content only as reasonably necessary to process, produce, support, and deliver your order, comply with law, or resolve an order-related dispute.
We may reject or cancel an order containing content that we reasonably believe violates these Terms or the rights of another person. If we cancel such an order before production, we will refund the amount paid for the canceled item.
The quality of a personalized product depends on the quality and resolution of the file submitted. We are not responsible for pixelation, blurriness, cropping, or other quality problems caused by a low-resolution, incomplete, or unsuitable customer-provided file when the final product reasonably reflects the submitted file or an approved preview.
SECTION 5 — PRICES, PAYMENTS, PROMOTIONS, AND TAXES
Prices, discounts, and promotions may change without notice. The price charged will be the price shown at checkout when the order is placed, subject to correction of obvious errors.
Unless expressly stated otherwise, listed prices may not include applicable taxes, shipping charges, customs duties, or import fees. Any applicable amounts will be shown at checkout when Shopify can calculate them.
You agree to provide accurate and authorized payment information. You represent that you are authorized to use the selected payment method and agree to pay all charges associated with your order.
Promotions may have additional terms. If promotional terms conflict with these Terms, the promotional terms will apply to that promotion.
SECTION 6 — PRODUCTION, SHIPPING, AND DELIVERY
GiftByMarie products are made to order and may be produced, packaged, and shipped by third-party production and fulfillment partners.
Production and delivery dates are estimates, not guarantees. Delivery may be affected by carrier delays, severe weather, holidays, customs processing, incorrect addresses, supply interruptions, or other events outside our reasonable control.
You are responsible for providing a complete and accurate shipping address. Please contact us immediately if you notice an error. We cannot guarantee an address change after production or fulfillment has started. Additional production or shipping charges caused by an incorrect or incomplete customer-provided address may be the customer’s responsibility, to the extent permitted by law.
International customers are responsible for customs duties, import taxes, and related charges unless checkout expressly states that those charges are included.
Additional shipping information is available in our Shipping Policy:
https://giftbymarie.com/policies/shipping-policy
SECTION 7 — CANCELLATIONS, RETURNS, REPLACEMENTS, AND REFUNDS
Because our products are made to order, and many are personalized, cancellation, return, exchange, replacement, and refund eligibility is governed by our Refund Policy:
https://giftbymarie.com/policies/refund-policy
If an item arrives damaged, defective, incorrectly printed, or different from the item ordered, contact us at giftbymarie.store@gmail.com within the period stated in our Refund Policy. Include your order number, a description of the issue, and clear photographs.
Do not return a product without contacting us first. In many cases, a damaged or defective item does not need to be returned.
SECTION 8 — INTELLECTUAL PROPERTY
Unless otherwise stated, the GiftByMarie website and its content—including our store name, logos, product designs, text, graphics, photographs, videos, and page layout—are owned by or licensed to GiftByMarie and are protected by applicable intellectual property laws.
You may use the website for personal, non-commercial shopping purposes. You may not copy, reproduce, modify, distribute, sell, republish, scrape, or commercially exploit our website or its content without prior written permission, except where permitted by law.
Nothing in these Terms transfers ownership of GiftByMarie intellectual property, Shopify intellectual property, or third-party intellectual property to you.
SECTION 9 — REVIEWS, COMMENTS, AND FEEDBACK
If you voluntarily submit a product review, comment, suggestion, or other public feedback, you confirm that it is truthful, that you have the right to share it, and that it does not violate another person’s rights.
You grant GiftByMarie a non-exclusive, worldwide, royalty-free right to use, reproduce, and display that review or feedback for operating and promoting our business, subject to applicable law.
This section does not give us the right to use private personalization photographs or files for advertising. Customer Content submitted for personalization is handled as described in Section 4 and our Privacy Policy.
We may remove public content that is unlawful, fraudulent, threatening, abusive, obscene, misleading, infringing, or unrelated to a genuine customer experience.
SECTION 10 — PROHIBITED USES
You may not use our Services:
• For an unlawful, fraudulent, or malicious purpose.
• To violate any applicable law or another person’s rights.
• To submit content you do not own or have permission to use.
• To harass, threaten, impersonate, defame, or harm another person.
• To transmit malware, viruses, spam, or misleading information.
• To interfere with the security or operation of our website.
• To collect personal information about others without authorization.
• To copy, scrape, resell, or exploit our website or content without permission.
We may restrict or terminate access to the Services when we reasonably believe these Terms have been violated.
SECTION 11 — THIRD-PARTY SERVICES AND LINKS
Our Services may rely on or link to third-party services, including Shopify, payment processors, personalization tools, production partners, shipping carriers, and external websites.
Third parties may have their own terms and privacy policies. We are not responsible for the content or practices of an external website that we do not control. Please review the applicable third-party terms before using those services.
SECTION 12 — RELATIONSHIP WITH SHOPIFY
GiftByMarie is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with GiftByMarie. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and GiftByMarie, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with GiftByMarie, to the extent permitted by applicable law.
SECTION 13 — PRIVACY
Our collection and use of personal information are described in our Privacy Policy:
https://giftbymarie.com/policies/privacy-policy
Because our store is hosted by Shopify, information submitted through the Services may be processed by Shopify and by service providers that help us operate the store, process payments, personalize products, fulfill orders, provide customer support, prevent fraud, and deliver purchases.
SECTION 14 — ERRORS AND AVAILABILITY
Occasionally, the Services may contain typographical errors, inaccurate information, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.
We may correct errors, update information, or cancel an affected order. If we cancel an order because of our error after payment has been collected, we will refund the canceled amount to the original payment method.
SECTION 15 — DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the website and Services are provided on an “as is” and “as available” basis. We do not guarantee that the website will always be uninterrupted, secure, or error-free.
This section does not exclude any warranty, guarantee, remedy, or consumer right that cannot lawfully be excluded or limited.
SECTION 16 — LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, GiftByMarie and its service providers will not be liable for indirect, incidental, special, punitive, or consequential losses arising from the use of the Services or products purchased through the Services.
Nothing in these Terms excludes or limits liability where doing so would be prohibited by law, including liability for fraud, willful misconduct, or other rights and remedies that cannot legally be excluded.
SECTION 17 — INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold GiftByMarie and its service providers harmless from third-party claims, losses, or reasonable expenses arising from:
• Customer Content you submit that violates another person’s rights.
• Your unlawful use of the Services.
• Your material violation of these Terms.
This obligation does not apply to claims caused by GiftByMarie’s own unlawful conduct.
SECTION 18 — TERMINATION, SEVERABILITY, AND WAIVER
We may suspend or terminate access to the Services when reasonably necessary because of fraud, unlawful conduct, security risks, or a material violation of these Terms.
If any part of these Terms is found to be unlawful or unenforceable, that part will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect.
If we do not immediately enforce a provision of these Terms, that does not waive our right to enforce it later.
SECTION 19 — ENTIRE AGREEMENT AND ASSIGNMENT
These Terms, together with the policies referenced in them, constitute the agreement between you and GiftByMarie regarding use of the Services and replace prior communications on the same subject.
You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations as part of a sale, reorganization, service-provider change, or other lawful business transaction.
SECTION 20 — GOVERNING LAW
These Terms are governed by the laws applicable in the State of New Jersey, United States, without regard to conflict-of-law principles.
Any dispute that may lawfully be subject to a choice of court will be handled by the appropriate state or federal courts located in New Jersey. These Terms do not prevent a consumer from exercising mandatory rights or remedies available under the laws of the consumer’s place of residence.
SECTION 21 — CHANGES TO THESE TERMS
We may update these Terms by posting a revised version on this page and changing the “Last updated” date. Material changes will apply as required by applicable law. Your continued use of the Services after an updated version becomes effective means that you accept the revised Terms.
SECTION 22 — CONTACT INFORMATION
Questions about these Terms or an order may be sent to:
GiftByMarie
New Jersey, United States
Email: giftbymarie.store@gmail.com