Welcome to the Wishwrap website (the “Site”). Please read these terms and conditions carefully before using this site. Your use of this site is expressly conditioned upon your acceptance of the following terms and conditions. By using this site, you signify your agreement to these terms. If you do not agree with any part of the following terms and conditions, you should not use this site. When using any particular features and services on the site, you will be subject to any posted guidelines and rules applicable to such features and services, all of which are incorporated herein by reference.
Accuracy of Content
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, photographs, pricing, and availability. Wishwrap reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
In the event that a product is listed at an incorrect price due to typographical, informational or other error, Wishwrap shall have the right, at our sole discretion, to either honor the displayed price or refuse/cancel any orders placed for that product at the incorrect price.
Product and Service Availability
Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. The listing, description of, or reference to, a product or service on the Site does not imply that we endorse that product or service.
Inventory information is generally available on the Site for domestic (U.S.) merchandise. This information can be used to estimate the likelihood that merchandise will be shipped within 1-2 business days after you place your order. However, we cannot guarantee that a product listed as "In stock" will actually ship on time, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. However, if an item that is marked "In stock" in your shopping cart when you place your order is sold out at the time your order is processed, we will notify you by e-mail that your order will not be filled and your credit card will not be charged.
Out of Stock Merchandise
Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from our manufacturing facilities or suppliers. In some cases, we are waiting for stock information our suppliers. Wishwrap will make every effort to get the item(s) back in stock as soon as possible.
We try to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Pricing and Payment
Prices and availability of the products and services listed on the site are subject to change without notice. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. If you are using a non-U.S. credit card, Wishwrap is not liable for the exchange rate your credit card issuer uses to process the transaction.
You are responsible for any payments due for any products or services ordered through your account. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection of overdue payment.
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 for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.
Limits on Purchases
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we reserve the right to limit purchases to five (5) items per style, per color, per customer and/or address. We also reserve the right to cancel multiple orders of merchandise purchased in violation of this policy. We may modify this policy at any time for any reason and we may make exceptions to this policy, as we deem appropriate.
The Gift Message Service is for your own personal and non-commercial use. You agree that any messages sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable. You also agree that you will not impersonate any person, including but not limited to any of our employees or customers. You are entirely responsible for any text or other material which you post or send and Wishwrap accepts no liability for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send messages at any time.
Please visit our Shipping and Returns section to read more about our return policy.
Shipping and Handling Charges
Our shipping and handling charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. Please see our ‘Shipping and Returns’ section for more information.
We are required by law to charge applicable sales tax on products shipped to those jurisdictions that charge such a tax and in which we operate. Currently, we charge sales tax on all orders shipped to the state of California. Please see our ‘Shipping and Returns’ section for more information.
Other Duties and Taxes
We are not responsible for any duties and taxes imposed on international orders. The recipient is responsible for the payment of all such charges, which must be made directly to the local authorities.
Copyrights and Trademarks
Wishwrap, Inc. is, unless otherwise stated, the owner of all copyright, trademark, patent, database and other proprietary rights in the Site and its contents. Without limitation of the foregoing, we own a copyright in the Site as a collective work and/or compilation, and in the selection, co-ordination and arrangement of the information and content in the Site. Such materials protected by this copyright include, but are not exclusive to, any and all text; any and all images (including icons, logos, photographs, animation, and other graphics); and any and all design elements of the website (including assembly and arrangement). You may use the content of Wishwrap.com for no other purpose than for conducting tasks associated directly with shopping on this site or placing an order on this site. Unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the prior written consent of Wishwrap, Inc., in accordance with the United States Copyright Act. Except as expressly provided in these Terms and Conditions, we grant no rights to you under any patents, copyrights, trademarks, trade secrets or any other proprietary rights.
The "Wishwrap" name and logo are trademarks of Wishwrap, Inc., as are all custom graphics, icons, and logos found on the Site. All other trademarks or service marks are the property of their respective owners. The use of any Wishwrap trademark without the express written consent of Wishwrap is strictly prohibited.
You may not without the prior written permission of Wishwrap use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not: engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation.
User Comments, Feedback and Other Submissions
We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Site, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information, photographs, electronic files, or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information, photographs, electronic files, or other material submitted shall be and remain property of Wishwrap and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further represent that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
Wishwrap, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which Wishwrap, Inc. does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
When you visit www.wishwrap.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties and Liability
THE SITE, AND ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WISHWRAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
ALL PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION, NOTWITHSTANDING ANYTHING TO THE CONTRARY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT OR SERVICE LISTED OR PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THE SITE OR ANY PRODUCT SOLD THROUGH THE SITE, OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
Wishwrap, Inc. is a California corporation and you agree that any legal action brought against Wishwrap, Inc. shall be governed by the laws of the State of California without regard to its conflict of law principles. Additionally, you agree that any and all disagreements arising from your use of or orders placed through the Site will be adjudicated in the City and County of San Francisco, California by an appropriate federal or state court. To the extent you have in any manner violated or threatened to violate Wishwrap’s intellectual property rights, Wishwrap, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Amendment of Terms and Conditions
Wishwrap, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.