Terms of service

OVERVIEW

Welcome to MomentOfGift. Throughout this website, the terms “we,” “us,” and “our” refer to MomentOfGift. We offer this website, including its information, tools, products, and services, subject to these Terms of Service and the policies referenced below.

By accessing our website or purchasing from us, you agree to these Terms of Service (“Terms”). If you do not agree, please do not use our website or services.

These Terms apply to all users of the website. New features and tools added to the store are also subject to these Terms.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products to you.

SECTION 1 — ONLINE STORE TERMS

You must be at least the age of majority in your place of residence to place an order, or use the website under the supervision and authorization of a parent or legal guardian.

You may not use our website or products for any unlawful or unauthorized purpose or violate applicable laws, including intellectual property laws.

You must not transmit viruses, malware, or other harmful code. Violations may result in suspension or termination of access to our services, subject to applicable law.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service where permitted by law, including in cases of suspected fraud, abuse, or violations of these Terms.

You may not reproduce, duplicate, copy, sell, resell, or commercially exploit any part of our website or services without our prior written permission, except as permitted by law.

Payment information is handled through our checkout and payment providers. Please do not send full payment card details or passwords by email or message.

Headings are provided for convenience and do not affect the interpretation of these Terms.

SECTION 3 — WEBSITE INFORMATION

We aim to keep information on our website accurate and current. However, occasional errors or omissions may occur.

General informational content is provided for reference and does not replace the product descriptions, order details, or policies applicable to your purchase.

We may update website content when necessary. Nothing in this section excludes our responsibility for misleading statements or other obligations that cannot lawfully be excluded.

SECTION 4 — CHANGES TO SERVICES AND PRICES

Product prices, promotions, and availability may change. Such changes apply to future purchases and do not, by themselves, change the price of an order already accepted.

We may modify, suspend, or discontinue website features or services. If a change affects an existing order, we will contact you as appropriate and honor our obligations under applicable law.

SECTION 5 — PRODUCTS AND PERSONALIZATION

Some products are available exclusively online and may be offered in limited quantities.

We make reasonable efforts to display product images, colors, finishes, and details accurately. Display settings and lighting may cause differences between on-screen images and the physical product. Product specifications and descriptions should be reviewed before purchase.

For personalized products, you are responsible for checking names, spelling, dates, uploaded designs, and other details before submitting your order. Please contact us promptly if you notice an error. Changes may not be possible after production begins.

Any personalization restrictions do not remove your rights concerning defective, incorrect, or misdescribed products.

We may limit quantities or availability by location where permitted by law.

Returns, exchanges, and refunds are subject to our Refund Policy and applicable consumer rights.

SECTION 6 — ORDERS, BILLING, AND ACCOUNT INFORMATION

You agree to provide accurate, complete, and current billing, shipping, and contact information when placing an order.

You are responsible for maintaining the confidentiality of your account credentials and notifying us of suspected unauthorized use.

We may review, limit, or cancel orders where reasonably necessary, including for suspected fraud, stock shortages, pricing errors, or delivery restrictions. If we cancel an order after payment has been collected, we will notify you and refund the amount paid for the canceled items, including any associated charges that should be refunded.

Payment methods and payment processing information are described in our Payment Policy.

Shipping information is available in our Shipping Policy.

SECTION 7 — OPTIONAL THIRD-PARTY TOOLS

Our website may provide access to tools or services supplied by third parties. These tools may be subject to additional terms from their providers.

Please review the relevant terms before using such tools. To the extent permitted by law, we do not warrant the availability, accuracy, or performance of independently provided third-party tools.

This section does not limit our responsibilities for products or services you purchase directly from us.

SECTION 8 — THIRD-PARTY LINKS

Our website may contain links to external websites. These links do not necessarily indicate an endorsement.

We do not control external websites or their content, policies, or practices. Please review their terms and privacy policies before providing information or making a purchase.

Concerns about transactions with a third party should be directed to that provider.

SECTION 9 — REVIEWS, FEEDBACK, AND SUBMISSIONS

If you submit a product review or other content intended for public display, you grant us a non-exclusive, royalty-free license to display, reproduce, and format that content in connection with our store and promotion of our products. We will not edit a review in a way that misrepresents its meaning.

Private customer support communications and personalization files are not treated as public marketing submissions under this section.

You must have the necessary rights to any content you submit. Submissions must not infringe another person’s intellectual property or privacy rights, contain unlawful material, or include malicious code.

You must not impersonate another person or submit misleading reviews. We may remove content that violates these Terms or applicable law. We do not prohibit honest reviews merely because they are negative.

Personal information contained in submissions is handled according to our Privacy Policy.

SECTION 10 — PERSONAL INFORMATION

Our collection and use of personal information are described in our Privacy Policy.

SECTION 11 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our website may contain errors relating to product details, prices, promotions, shipping charges, delivery estimates, or availability.

We may correct these errors and update information. If an error materially affects your order, we will contact you to explain the issue and any available options. If we cancel an affected order, we will refund payments collected for the canceled purchase.

Nothing in this section permits us to disregard applicable consumer protection laws.

SECTION 12 — PROHIBITED USES

You must not use our website or services to:

  • Carry out or encourage unlawful activity.

  • Infringe intellectual property, privacy, or other legal rights.

  • Harass, threaten, abuse, or unlawfully discriminate against others.

  • Submit fraudulent orders or false information.

  • Upload viruses, malware, or harmful code.

  • Access accounts, systems, or personal information without authorization.

  • Send spam or conduct phishing or other deceptive activity.

  • Circumvent security measures or disrupt website functionality.

We may restrict access where reasonably necessary to address these activities.

SECTION 13 — DISCLAIMERS AND LIMITATION OF LIABILITY

We do not guarantee that the website will always be available, uninterrupted, or free from technical errors.

To the extent permitted by applicable law, the website and its general informational content are provided “as is” and “as available.”

To the extent permitted by law, MomentOfGift and its directors, officers, employees, agents, and service providers will not be liable for indirect, incidental, special, or consequential losses arising from use of the website.

These limitations do not exclude or restrict liability for fraud, willful misconduct, or any liability that cannot legally be excluded or restricted. They also do not override express product commitments, our refund obligations, or any statutory consumer rights or warranties.

Where a jurisdiction does not allow a particular exclusion or limitation, that exclusion or limitation applies only to the extent permitted there.

SECTION 14 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless MomentOfGift and its personnel against reasonable third-party claims, losses, and expenses arising from your unlawful use of the website, infringement of another person’s rights, or material breach of these Terms.

This obligation does not apply to the extent a claim results from our own negligence, misconduct, or breach of law.

SECTION 15 — SEVERABILITY

If any provision of these Terms is found unlawful or unenforceable, it will be limited or removed to the extent necessary. The remaining provisions will continue to apply.

SECTION 16 — TERMINATION

You may stop using our website at any time.

We may suspend or terminate access if you materially violate these Terms or use the services unlawfully.

Termination does not remove obligations already incurred, including lawful payment obligations, outstanding refund obligations, or rights relating to earlier purchases.

Provisions that by their nature should continue after termination will remain effective to the extent permitted by law.

SECTION 17 — ENTIRE AGREEMENT

These Terms and the policies referenced in them form the agreement governing your use of our website and services, subject to any specific terms expressly agreed for a purchase.

Our failure to enforce a provision immediately does not waive our right to enforce it later.

Nothing in these Terms excludes rights or remedies that cannot be waived under applicable law.

SECTION 18 — GOVERNING LAW

These Terms are governed by the laws of the State of Delaware and applicable United States federal law, without depriving consumers of mandatory protections that apply in their place of residence.

SECTION 19 — CHANGES TO THESE TERMS

We may update these Terms by posting a revised version on this page and updating the “Last updated” date.

Where required by law, we will provide additional notice or request consent for material changes. Changes will not retroactively remove rights associated with purchases already made.

Please review this page periodically to stay informed.

SECTION 20 — SMS/MMS MESSAGING, IF OFFERED

This section applies only if you choose to enroll in a MomentOfGift text messaging program.

By separately opting in, you agree to receive the types of messages described at enrollment, which may include recurring promotional messages sent using automated technology. Agreeing to these website Terms or placing an order does not, by itself, constitute consent to marketing texts.

Consent to marketing messages is not a condition of purchase. Message frequency varies, and message and data rates may apply.

You may opt out by replying STOP to a message or by communicating a clear opt-out request through another reasonable method, including contacting us at hello@momentofgift.com or +1 (302) 316-6080. We will honor requests as required by applicable law. You may receive a confirmation of your opt-out.

For assistance, contact hello@momentofgift.com or +1 (302) 316-6080.

You must be authorized to use the mobile number you provide. Please notify us if you change or relinquish that number.

Message delivery depends on your mobile carrier and device and is not guaranteed. Personal information used for messaging is handled according to our Privacy Policy.

SECTION 21 — CONTACT INFORMATION

For questions about these Terms of Service, please contact us:

Trading Name: MomentOfGift
Website: https://www.momentofgift.com
Email: hello@momentofgift.com
Phone: +1 (302) 316-6080

Business Address:
Shoot Precious Inc., 651 N Broad St, Suite 206
Middletown, Delaware 19709
United States