Terms and Conditions

POST CRAFTS AND GIFTS

TERMS AND CONDITIONS

Last Updated: December 1, 2021

These Terms and Conditions (“Terms”) govern the relationship between you and Post Crafts and Gifts (“PCG”), regarding your use of PCG’s website(s), mobile applications and related services (collectively “PCG Service(s)” or the “Service(s)”). Please read these Terms PCG’s Privacy Policy carefully (the “Privacy Policy”) before using PCG. Collectively, the Terms and Conditions and Privacy Policy are the “Agreement.”

YOUR USE OF PCG SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY. If you do not agree to be bound by the Terms and Conditions or Privacy Policy in its entirety, then you must immediately stop using PCG Services. 

The Terms and Privacy Policy are subject to change at any time, effective upon posting. Your use of PCG Services after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review the Terms and Privacy Policy to see if they have been changed.

Use of PCG Services are void where prohibited.

As a user of this website or a user registered to use any of the PCG Services (a "User"), you acknowledge and agree to the following:

Account, Password and Security

The Services are not intended for use by persons under 13 years of age. By accessing or using PCG, or the products and services found at PCG, you represent and warrant that you are (i) at least eighteen (18) years of age, and if under the age of 18 you must have received consent from a parent or legal guardian to sign up for and use the Services; and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law and/or an authorized representative of a company, organization or other entity. On obtaining an account, you’ll have access to PCG and the functionality that we may establish and maintain at our sole discretion. You agree to use your account for your personal use only and not to redistribute any of the content on PCG for commercial purposes.

You are the sole authorized User of your account. You are responsible for maintaining the confidentiality of any User id, password and account number provided by you or PCG for accessing PCG. If a User id has not been accessed for more than 365 days, PCG may cancel or reissue to that User id to a new User. PCG reserves the right to delete all data with the account after a period of 365 days of inactivity. You are solely and fully responsible for all activities that occur under your password or account. PCG has no control over the use of any account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact PCG immediately. We reserve the right to require you to change your User name or the title of your board at any time and for any reason in our sole discretion. Please be sure to provide us with up to date contact information so we know how to reach you.

If you are paying for Services, we will share your personal information as necessary for payment processors provide these services. Please see the applicable payment processor’s privacy policies for more about their security and privacy practices.

For more information about the type of information that the PCG accesses from your information, please refer to PCG’s Privacy Policy.

Order Acceptance

The receipt of an order or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. PCG reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products are subject to change without notice. Errors will be corrected when discovered and PCG reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). PCG reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at PCG’s sole discretion.

Refund Policy

PCG has 14 day refund policy, giving you 14 days after receiving your item to request an exchange or refund of your item. Please note refunds will go back on to the original payment source.

To be eligible for an exchange/refund, your item must be in the original packaging and in the same condition as when it was received. We reserve the right to decline an exchange/refund if we suspect the item is dirty or damaged, or is not in the original packaging.

Issues with your Order

Once you have received your order should you notice any defects, or your item is damaged in any way, please contact us immediately so we can look into this and help resolve the issue.

Unfortunately, we cannot accept returns or exchanges on sale items or gift cards.

No refunds will be provided once the User’s account has been charged.

In PCG's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by PCG. 

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Users see or read on PCG is owned by PCG or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. PCG owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from PCG without PCG's express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of PCG and/or the relevant right holder.

The service marks and trademarks of PCG, including without limitation PCG and PCG logo are service marks owned by PCG. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.  

DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE ARE PROVIDED BY PCG ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PCG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA AND NONINFRINGEMENT. PCG MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF PCG.

PCG DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM PCG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PCG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

LIMITATION OF LIABILITY

IN NO EVENT WILL PCG OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF PCG HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and Services. PCG’s liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

INDEMNIFICATION

You agree to indemnify and hold PCG and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Services, including any User Content you submit, post to or transmit through the Services, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

General Provisions

These Terms and Conditions and the Privacy Policy constitute the entire Agreement between you and PCG with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of PCG, its successors and assigns.

Dispute Resolution; Governing Law; Jurisdiction; Venue; Waiver of Trial by Jury

To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms and Conditions ("Dispute"), you and PCG agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to PCG. Notices should be submitted by email to: customerservice@postcraftsandgifts.com. 

If the Dispute is not resolved within thirty (30) business days following notice of the Dispute to the other party, then the Dispute shall be resolved in a binding arbitration proceeding to be held in Orange County, California. The parties agree that PCG will have sole right to select the arbitrator. The arbitrators may award attorneys’ fees and other related arbitration expenses, as well as pre- and post-judgment interest on any award of damages, to the prevailing party, in their sole discretion. Any award of the arbitrators shall be deemed confidential information for a minimum period of five years, except to the extent public disclosure of such information is required by applicable securities laws or regulations.  

These Terms and Conditions shall be governed by and construed in accordance with the federal law of the United States and the state law of California, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of these Terms and Conditions shall be brought in the state or federal courts of Orange County, California, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Orange County, California. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms and Conditions. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. PCG will be entitled to recover court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of these Terms and Conditions.

No Waiver

Failure by PCG to enforce any provision(s) of this User Terms and Conditions will not be construed as a waiver of any provision or right. It will be governed by and construed in accordance with the governing law herein.

Links to Other Web Services

Links (such as hyperlinks) from PCG to other websites on the Web do not constitute the endorsement by PCG of those websites or their content. Such links are advertisements or provided as an information service, for reference and convenience only. PCG does not control any such website, and is not responsible for their content. The existence of links on PCG to such websites (including without limitation external websites that are framed by PCG as well as any advertisements displayed in connection therewith) does not mean that PCG endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites.

The use of any website controlled, owned or operated by third parties is governed by the terms and Terms and Conditions and privacy policies for those third-party websites, and not by PCG's Terms and Conditions of Service or Privacy Policy. You access such third-party websites at your own risk. PCG expressly disclaims any liability arising in connection with your use and/or viewing of any website or other material associated with links that may appear on PCG. You hereby agree to hold PCG harmless from any liability that may result from the use of links that may appear on PCG.

Titles and Headings; Independent Covenants; Severability

The titles and headings of these Terms and Conditions are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms and Conditions shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms and Conditions to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms and Conditions shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Contact Information

If you have any questions about these Terms and Conditions, please contact us by email at customerservice@postcraftsandgifts.com. 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND CONDITIONS AND AGREE THAT MY USE OF PCG IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.