Terms of sale
Effective
These terms of sale are the agreement between you and Accurate Services Plus LLC, a Texas limited liability company doing business as Personalized Gifts Delivered, which operates PersonalizedGiftsDelivered.com ("we", "us" or "our"). "You" means the person who places an order and, when you order for a business or other organization, that organization too. A "box" is one gift box sent to one recipient. An "order" is every box you pay for at one checkout. Questions: hello@personalizedgiftsdelivered.com.
PLEASE READ THESE TERMS. SECTION 16 REQUIRES DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT A CLASS ACTION OR A JURY TRIAL, AND EXPLAINS HOW TO OPT OUT. SECTIONS 12 TO 14 LIMIT OUR WARRANTIES AND OUR LIABILITY.
1. These terms and who they bind
- You accept these terms when you check the box agreeing to them on the checkout page and pay. The version in force on the day you pay applies to that order; the date at the top of this page shows which version you're reading.
- These terms, our returns, refunds and shipping policy (our "returns policy") and our privacy policy are the whole agreement for your order, together with what you approve on the order page: your design and its preview, your address list and your card messages. If they disagree, these terms control, except that the returns policy controls on what we reship or refund.
- If you order for a business, you confirm you have the authority to accept these terms for it.
- The people you send boxes to are not parties to these terms, and these terms give them no rights against us.
2. Who may order
Businesses, and individuals 18 or older. By ordering, you confirm you are at least 18. This site isn't meant for children.
3. What you're buying
Each gift box holds:
- One 11 oz white ceramic mug with your logo printed small
- A 1.5 oz packet of Ghirardelli premium hot cocoa
- 4 Lindt LINDOR milk chocolate truffles
- Black tissue with a gold seal sticker
- A printed card (your message, printed, not handwritten) in an envelope closed with a gold wax-seal sticker
All in a matte-black gift box with a magnetic lid. Every mug in an order carries the same design. For a personal gift, the mug carries your photo, design or words instead of a logo, at the size the preview shows.
The pictures of the box on our site are renders, made from our real parts and the way we pack them. The box we send can differ from them a little in color and detail, such as the shade of the tissue or where the card sits.
If a packing item we list runs out, we may use a similar one of equal or better quality. If we would have to change a treat, the mug or the gift box itself, we'll email you before we ship, and you may cancel the boxes not yet printed for a full refund. A changed treat can contain different allergens, so we never change one without telling you first.
4. Price, payment and taxes
The price is $35 per box, delivered: shipping to each address is included. We don't add sales tax at checkout. The number of boxes is the number of addresses in your list, and that is the number you pay for. There is no minimum: you can order 1 box.
You pay by card, Apple Pay or Google Pay on Stripe's checkout page. Stripe processes the payment; we never see your full card number. Stripe emails you a receipt, which serves as your invoice.
If a tax we didn't collect turns out to be due on your purchase and the law makes the buyer responsible for it (a use tax, for example), it's yours to pay.
If the site shows a wrong price or description by mistake, we may cancel the affected boxes before they ship and refund what you paid for them in full.
If something is wrong with an order, please email us first. If you dispute a charge with your card issuer instead, we may share the order's records (such as your acceptance of these terms, the preview you approved and the tracking) with Stripe and the card network to answer it.
5. When an order is accepted, and orders we may refuse
Add your logo (or type your website and we'll find it), or a photo or a few words for a personal gift; check the preview of your mug and card; add your address list; and pay $35 per box. We print, pack and ship each box to its own address.
Paying is your offer to buy. We accept it when Stripe confirms your payment. Your order is complete when we have your design, your address list and your payment.
We may refuse or cancel an order, or any boxes in it, before we print them, for any lawful reason. For example: a design or message that breaks section 6 or 7, a design we can't print well, an address we can't ship to, or an order we reasonably believe is fraudulent or not authorized by the cardholder. If we do, we refund what you paid for those boxes in full. We may also limit how many boxes one order can hold.
6. Your design and the preview
- "Your design" means your logo, or any photo, design or words you give us to print on the mug. Give us only a design you have the right to use. By uploading, pasting or typing it, or by asking us to get your logo from a website, you promise that you own it or have its owner's permission to have it printed on gifts, and that printing it and sending it to your recipients doesn't infringe anyone's trademark, copyright or other rights or break any law.
- If you ask us to get your logo from a website, you confirm the site is yours or that you have the right to use the logo on it, and you allow us to fetch the file from that site for your order.
- You give us a non-exclusive, royalty-free license to copy, adjust (as you choose on the order page), print and store your design, only to make, ship and keep the records of your order. We don't use your design in our advertising without your written permission. We may photograph boxes we pack, with your design on them, as our record of what we shipped.
- Before you pay, you see your design on the mug in the preview. The preview is a digital mock-up of your design's size and position; colors on a screen and on a printed mug can differ a little. Heat bonds the ink into the mug's coating. It can't print white, so white in your logo shows the mug's own white. We print the file you approve, and we keep the preview you approved with your order.
- We don't check trademarks or copyrights. Our printing your design doesn't mean we have confirmed you may use it.
- We don't print a design or message that infringes someone's rights; that is unlawful, defamatory, obscene, hateful, harassing or threatening; or that uses another person's name, image or private information without their permission. We may also decline, in good faith, any design or message we don't want to print.
7. Your address list, card messages and words on the mug
- You're responsible for your address list: the names, addresses and messages in it. We ship to the addresses in your list, so check them before you pay.
- We may use automated tools, including AI services, to read your list and suggest fixes (our privacy policy names who handles it). They can make mistakes. The list shown on the order page when you pay is the list we ship to.
- Send boxes only to people you have a lawful reason to send a gift to. By uploading a list, you confirm you have the right to give us those names and addresses so we can deliver your gifts, and that they are accurate. Our privacy policy says how we use your recipients' information.
- We print your card message and sign-off as you write them, and we don't edit or proofread them. Every card in an order carries the same message and sign-off. The message is 300 characters at most (spaces included). If it includes {first name}, each card fills it in with that person's first name as your list gives it, and the 300 includes the name. You can see every card as it will print before you pay.
- Words you type for the mug (a name or a short line) are printed exactly as you type them, in the font you choose, and we don't edit or proofread them. Check them in the preview before you pay.
8. Gift rules are yours to check
Whether you may give a gift, and whether a recipient may accept one, depends on rules we don't control: the rules of your profession or industry (for example, real estate, mortgage lending, insurance or law), your employer's or the recipient's gift policy, government ethics rules, and the tax rules on deducting gifts. Checking them is your responsibility. Our guides explain some of these rules for information only; they are not legal or tax advice.
9. Food and allergens
Every box holds the same treats. LINDOR truffles contain milk, soy and barley malt (gluten); read the labels.
We don't make the cocoa or the truffles, and we make no claim about them beyond the sentence above. You know your recipients and we don't: before you send a box, it's your responsibility to consider whether each recipient can have the treats in it, and to leave out anyone who can't.
10. Shipping, delivery and risk of loss
We ship from New York to the lower 48 states and Washington, DC, except Texas for now. P.O. boxes are accepted (they ship by USPS). No Alaska, Hawaii, Puerto Rico, other US territories, APO/FPO or international.
Ships within 2 business days of a complete order (your design, your address list and payment). Ships by USPS Ground Advantage or UPS Ground, with tracking, and usually arrives 2–5 business days after it ships. Delivery dates are carrier estimates, not guarantees, and run slower in mid-December.
When your boxes ship, you get one email with a spreadsheet of recipient, ship date, carrier, tracking number and $35 per box.
A business day is Monday to Friday, except US federal holidays. The order-by dates on our site are estimates built from these shipping times; they are not a promise that a box arrives by a particular day.
If we can't ship within that time, we'll email you before it runs out with a new ship date (or tell you we can't give one), and you may choose to wait or to cancel the boxes that haven't shipped for a prompt, full refund.
We meet our delivery obligation for a box when we hand it to the carrier, addressed to your recipient. Ownership of the box, and the risk of its loss or damage, pass to you at that moment. That doesn't change the reships our returns policy promises.
11. Broken boxes, cancellations and refunds
If a box arrives broken, send us a photo within 7 days of delivery and we'll reship it free. If a box goes astray because of an address on your list, we'll reship it to the corrected address for what the reship costs us, with no markup, and tell you the amount before we send it.
Cancellations, returns and refunds, including what we do about a box that is lost, printed wrong, refused or late, are in our returns policy. That policy is part of these terms.
12. Warranties
Our only warranty is the limited warranty in our returns policy. What it covers, how long it lasts, how to claim and what we do are set out there.
EXCEPT FOR THAT LIMITED WARRANTY AND THE OTHER PROMISES WRITTEN IN THESE TERMS AND OUR RETURNS POLICY, WE MAKE NO EXPRESS WARRANTIES. TO THE EXTENT THE LAW ALLOWS, ANY IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, LASTS ONLY AS LONG AS THAT LIMITED WARRANTY (30 DAYS AFTER DELIVERY), AND ITS ONLY REMEDIES ARE THE ONES THAT LIMITED WARRANTY GIVES. WE GIVE NO WARRANTY THAT PRINTING YOUR DESIGN DOESN'T INFRINGE ANYONE'S RIGHTS: THAT IS YOUR PROMISE TO US (SECTION 6). BEYOND THAT LIMITED WARRANTY, WE MAKE NO PROMISE ABOUT HOW LONG THE MUG OR ITS PRINT LASTS IN USE OR WASHING.
Some states don't allow limits on how long an implied warranty lasts, so the limit above may not apply to you.
13. Limits on our liability
TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OR CLIENTS, HARM TO REPUTATION OR GOODWILL, A MISSED OCCASION OR THE COST OF REPLACEMENT GIFTS, ARISING FROM YOUR ORDER, THE BOXES, OUR SITE OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS ABOUT AN ORDER IS LIMITED TO THE AMOUNT YOU PAID US FOR THAT ORDER, AND FOR A CLAIM ABOUT PARTICULAR BOXES, TO THE AMOUNT YOU PAID FOR THOSE BOXES. THE RESHIPS AND REFUNDS DESCRIBED IN OUR RETURNS POLICY ARE YOUR ONLY REMEDIES FOR A BOX THAT ARRIVES BROKEN, GOES ASTRAY, ARRIVES LATE, IS PRINTED WRONG OR HAS A MUG THAT CRACKS IN USE.
THESE LIMITS APPLY TO EVERY KIND OF CLAIM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING OUR OWN NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY.
Nothing in these terms limits a liability the law doesn't allow to be limited, such as liability for death or personal injury caused by our negligence where the law forbids limiting it, or for fraud, gross negligence or willful misconduct. Our price reflects these limits.
14. Claims are against the company only
You are buying from the company, not from any person. To the fullest extent the law allows, you agree that:
- you will bring any claim about your order, the boxes, our site or these terms only against Accurate Services Plus LLC, and not personally against its members, managers, employees or agents, or against the contractors and suppliers who build or run our site or who print, pack, ship or supply the boxes for us;
- NONE OF THOSE PEOPLE OR COMPANIES IS PERSONALLY LIABLE TO YOU FOR ANYTHING ARISING FROM YOUR ORDER, INCLUDING FOR THEIR OWN NEGLIGENCE; and
- each of them may rely on sections 12, 13, 14 and 16 as if it were a party to these terms.
15. Claims about your design, your list or your messages
To the extent the law allows, you will defend us and the people and companies named in section 14, and pay the losses, damages, fines, costs and reasonable attorneys' fees that result, against any claim by someone else to the extent it arises from:
- your design, card messages or other content, including a claim that printing or sending it infringes someone's rights;
- your address list, or your sending a gift to someone, including a claim about how you got or shared a recipient's details;
- your breach of these terms; or
- your breaking a law or a gift rule (section 8).
We'll tell you promptly about such a claim. You may not settle one in a way that admits fault for us or binds us without our written consent.
16. Resolving disputes: arbitration and class-action waiver
16.1 Talk to us first. Most problems are fixed by an email. Before starting an arbitration or a lawsuit, you agree to send us a written notice by email to hello@personalizedgiftsdelivered.com with your name, your order number, what happened and what you want, and we'll do the same to the email address you gave at checkout. Each side then has 60 days to try to resolve it before either starts a proceeding. Time limits for the claim pause during those 60 days.
16.2 ARBITRATION. YOU AND WE AGREE TO RESOLVE ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS, YOUR ORDER, THE BOXES OR OUR SITE BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, EXCEPT AS SECTION 16.4 ALLOWS.
The Federal Arbitration Act governs this section. The American Arbitration Association (AAA, adr.org) administers the arbitration under its Consumer Arbitration Rules if you ordered as an individual for personal use, or its Commercial Arbitration Rules if you ordered for a business, in each case as those rules read on the day the arbitration starts. If 25 or more similar demands are filed against us by the same or coordinated lawyers, the AAA's Mass Arbitration Supplementary Rules apply too. One arbitrator decides. Hearings are held by video or phone unless the arbitrator decides an in-person hearing is needed; it is then held in the county where you live if you ordered as an individual, or in Harris County, Texas if you ordered for a business. Fees are paid as the AAA's rules say; in a consumer case those rules put most of the fees on us. The arbitrator may award the same individual relief a court could, but only to you and only as far as your own claim needs. The arbitrator decides questions about the scope and enforceability of this section, except that a court decides questions about section 16.3.
16.3 CLASS-ACTION WAIVER. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON'S CLAIMS.
If a court decides this waiver can't be enforced for a particular claim or remedy, that claim or remedy alone goes to court under section 17, after the arbitration of everything else ends. Where the law says the right to ask for public injunctive relief can't be waived, a court decides that request, after the arbitration.
16.4 Small claims and intellectual property. Either side may instead bring an individual claim in small claims court, in the county where you live or in Harris County, Texas, as long as it stays there. Either side may ask a court to stop the misuse of its trademarks, copyrights or other intellectual property.
16.5 Opting out. You may opt out of this arbitration agreement by emailing hello@personalizedgiftsdelivered.com within 30 days after you first accept these terms, with your name, your order number and a clear statement that you opt out of arbitration. Opting out doesn't change the rest of these terms.
16.6 JURY WAIVER. IF A DISPUTE GOES TO COURT FOR ANY REASON, YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL, TO THE EXTENT THE LAW ALLOWS.
16.7 Changes to this section. A change to section 16 doesn't apply to a dispute either side gave notice of before the change took effect. You may also reject a change to section 16 by email within 30 days after it takes effect; the earlier version then keeps applying between you and us.
17. Governing law, courts and the time limit for claims
The laws of the State of Texas govern these terms and every dispute about them, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs section 16. A dispute that isn't arbitrated or brought in small claims court goes to the state or federal courts in Harris County, Texas, and you and we consent to those courts' jurisdiction, unless a law that can't be waived requires a different court.
Any claim about an order must be brought within two years after it arises, unless the law requires a longer period.
18. Events outside our control
We aren't liable for a delay or failure caused by an event outside our reasonable control, such as severe weather, a natural disaster, fire or flood, an epidemic, a carrier or postal delay or shutdown, a strike, a shortage of materials, a supplier's failure, a power, internet or payment-system outage, a cyberattack, war, civil unrest or government action. If one happens, we'll tell you, and your choice under section 10 to cancel boxes that haven't shipped for a full refund still applies.
19. Our site and guides
The site's text, images, illustrations and design belong to us or to those who license them to us. You may read our guides and share links to them, but you may not copy the site or sell its content. Our guides are general information, not legal, tax or other professional advice, and a rule they describe can change after we write it.
20. Emails and notices
You agree to receive these terms, receipts, order emails and notices electronically. We send them to the email address you gave at checkout; you send them to hello@personalizedgiftsdelivered.com. An email notice is given when it is sent, unless the sender learns it wasn't delivered.
21. Changes to these terms
We may update these terms. A new version takes effect on the date shown at the top of this page and applies only to orders paid for on or after that date. A change never applies to an order you have already paid for.
22. The rest of the agreement
- If any part of these terms can't be enforced, the rest stays in effect, and that part is enforced as far as the law allows (section 16.3 says what happens if the class-action waiver can't be enforced).
- If we don't enforce a term right away, we haven't given it up.
- We may transfer this agreement to a company that takes over our business or this site. You may not transfer it without our written consent.
- Apart from the people and companies section 14 names, no one other than you and us has rights under these terms.
- Sections 4, 6, 7, 8, 9 and 12 to 22 continue to apply after your boxes are delivered or your order is cancelled.
- Headings are for convenience only. "Including" and "for example" never limit a list.
23. Contact
Email hello@personalizedgiftsdelivered.com. We answer by email.