Terms and Conditions

Introduction

Welcome to PesaGift (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our ecommerce platform located at https://pesagift.com and all related services.

We may modify these Terms at any time. Your continued use of the website after changes constitutes acceptance of the modified Terms.

Eligibility

To use our services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be barred from receiving services under applicable laws

Account Registration

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the confidentiality of your account credentials
• Be responsible for all activities under your account
• Notify us immediately of any unauthorized use of your account

Products and Orders

Product Information

We strive for accuracy in product descriptions, pricing, and images, but we do not warrant that these are error-free. We reserve the right to correct any errors and to update information at any time.

Order Acceptance

All orders are subject to availability and our acceptance. We may refuse or cancel any order for any reason, including:

• Product unavailability
• Errors in pricing or product information
• Suspected fraudulent activity
• Violation of our policies

Pricing and Payments

All prices are in USD unless otherwise stated. You agree to pay all charges including:

• Product prices
• Shipping and handling fees
• Applicable taxes

We accept various payment methods as displayed at checkout. You represent that you have the legal right to use any payment method provided.

Shipping and Delivery

We ship to the USA, UK, and Australia. Delivery times are estimates only. We are not responsible for:

• Delays caused by shipping carriers
• Customs delays for international shipments
• Incorrect shipping addresses provided by customers

Risk of Loss

Title and risk of loss pass to you upon delivery to the carrier.

Returns and Refunds

Our Return Policy is incorporated into these Terms. Please review it before making purchases. Key points:

• Items must be returned within 30 days of delivery
• Items must be in original condition with all tags attached
• Some items may be final sale and not eligible for return
• Refunds will be issued to the original payment method

Intellectual Property

All content on our website, including text, graphics, logos, and software, is our property or licensed to us and protected by intellectual property laws.

You may not:

• Reproduce, distribute, or create derivative works without permission
• Use our trademarks without express written consent
• Use any automated systems to access or scrape our website

User Conduct

You agree not to:

• Use the website for any illegal purpose
• Violate any laws in your jurisdiction
• Infringe on any intellectual property rights
• Transmit viruses or malicious code
• Interfere with the website’s operation
• Harass or harm others
• Attempt to gain unauthorized access to our systems

Disclaimer of Warranties

THE WEBSITE AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The website will be uninterrupted or error-free
• Defects will be corrected
• The website or servers are free of viruses or harmful components

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR PRODUCTS.

Our total liability for any claims related to these Terms or the website shall not exceed the amount you paid to us in the last six months.

Indemnification

You agree to indemnify and hold harmless PesaGift and its affiliates from any claims, damages, or expenses arising from:

• Your use of the website
• Your violation of these Terms
• Your violation of any rights of a third party

Termination

We may terminate or suspend your account and access to the website at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to others.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

Jurisdiction-Specific Provisions

• UK Consumers: You may bring proceedings in your local courts
• Australian Consumers: Our goods come with guarantees under Australian Consumer Law

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PesaGift.

Severability

If any provision is found to be invalid, the remaining provisions will remain in effect.

Waiver

Our failure to enforce any right or provision will not be considered a waiver.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

Contact Information

For questions about these Terms, please contact us:

• Email: info@pesagift.com
• Mail: PesaGift Customer Service, 123 Commerce Street, Suite 500, San Francisco, CA 94108, USA
• Phone: +1 (800) 555-1234