Terms of service

Welcome to ScaryGift! These Terms & Conditions (the “Terms”) govern your use of our website, products, and any services we may provide (collectively, the “Services”), including, without limitation, any request to purchase products (“Products”) offered on our site. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use or access our Services in any manner.

These Terms include the provisions in this document as well as those in our Privacy Policy, which is incorporated by reference. Your use of or participation in certain Services may also be subject to additional policies, rules, and conditions. If you have any questions, comments, or concerns, please contact us at:

1. Who Can Use ScaryGift?

  1. Eligibility
    You represent and warrant that you are of legal age to form a binding contract in your jurisdiction (or have received your parent’s or guardian’s permission to use the Services, and that your parent or guardian has agreed to these Terms on your behalf). You may only use our Services if doing so does not violate any laws applicable to you.

  2. Account Registration

    • You may be required to create an account to purchase or interact with certain features of the Services.
    • You agree to provide accurate, up-to-date information and to promptly update your information if it changes.
    • You are responsible for maintaining the confidentiality of any account credentials, and for all activities that occur under your account.

2. Our Products and Pricing

  1. Product Descriptions & Availability
    We strive to accurately describe and display our Products. However, variations may occur, for example in color or design, depending on your device’s display settings or Product updates.

  2. International Sales
    We offer our Products for sale internationally, subject to any shipping restrictions or import/export regulations that may apply in various countries. Buyers are responsible for ensuring that their purchase complies with local laws and regulations.

  3. Prices & Payment

    • All prices are shown in the currency stated on the product page.
    • We reserve the right to change prices at any time without prior notice.
    • We currently accept payments via PayPal. By submitting payment information, you grant us the right to provide the information to third parties for payment processing and fraud prevention, in accordance with our Privacy Policy.

  4. Order Acceptance & Cancellation

    • We reserve the right to refuse or cancel any order at our discretion (e.g., suspected fraud, illegal activity, out-of-stock items).
    • If your order is canceled, we will attempt to notify you using the email address provided at checkout.

3. Shipping and Returns

  1. Shipping
    We will arrange for shipment of the Products through reputable carriers. Shipping fees and delivery times may vary based on your location. Estimated delivery times are provided for convenience only and are not guaranteed.

  2. Returns & Refunds
    We do not currently have a formal refund or return policy. All sales are generally final unless otherwise required by law. If you experience any issue with your order, please contact us at scarygiftcom@gmail.com, and we will do our best to address your concerns.

4. Privacy Policy

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and share information about you when you use our Services. By using the Services, you agree to the terms of our Privacy Policy.

5. User Content and Conduct

  1. User-Generated Content

    • You may have opportunities to post, submit, or share content (e.g., reviews, comments, messages) on the Services (“User Content”).
    • You represent and warrant that all User Content is accurate, lawful, and that you have all necessary permissions or licenses to share it.

  2. Prohibited Conduct
    You agree not to:

    • Use the Services for any illegal or unauthorized purpose.
    • Violate the intellectual property rights or any other rights of ScaryGift or any third party.
    • Post or share content that is false, misleading, libelous, harassing, hateful, or obscene.
    • Introduce viruses, Trojan horses, worms, or any other malware or disruptive code.
    • Interfere with or disrupt the operation of the Services.

  3. Removal of Content
    We reserve the right (but have no obligation) to remove any User Content that violates these Terms or that we deem otherwise inappropriate.

6. Intellectual Property

  1. Ownership
    All content and materials included in or made available through the Services (including text, graphics, logos, images, and software) are the property of ScaryGift or its content suppliers, protected by applicable intellectual property laws.

  2. Limited License
    Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

  3. User Content License
    By submitting User Content, you grant ScaryGift a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in connection with providing and marketing the Services, subject to the terms of our Privacy Policy.

7. Disclaimer of Warranties

  1. General Disclaimer
    ScaryGift provides the Services and Products on an “AS-IS” and “AS AVAILABLE” basis. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or availability of the Services or Products. Your use of the Services is at your own risk.

  2. No Special Warranties
    We do not offer any specific warranty regarding Product performance, durability, or fitness for a particular purpose, unless otherwise required by applicable law.

  3. External Factors
    We are not liable for issues or delays caused by third-party carriers, international customs processes, or other external factors beyond our reasonable control.

8. Limitation of Liability

To the fullest extent permitted by applicable law, ScaryGift (including our affiliates, partners, officers, employees, and agents) is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use or inability to use the Services or Products.

Our total liability will not exceed the amount you paid (if any) for the Products or Services in the twelve (12) months preceding the event giving rise to liability. Some jurisdictions do not allow certain limitations; if so, those limitations may not apply to you, but we apply them to the fullest extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless ScaryGift, its affiliates, employees, agents, and partners from any claims, liabilities, damages, judgments, awards, losses, costs, or fees (including reasonable legal fees) resulting from or relating to your breach of these Terms or your use of the Services.

10. Termination

We reserve the right, in our sole discretion, to suspend or terminate your access to the Services (or any part thereof) at any time, for any reason, including your violation of these Terms. Upon termination, your right to use the Services will cease, and we may delete or deactivate your account without liability to you.

11. Governing Law and Dispute Resolution

  1. Governing Law
    These Terms and any dispute arising from or relating to them are governed by the laws of India, without regard to conflict-of-law principles.

  2. Arbitration
    Any dispute arising out of or related to these Terms shall be resolved through binding arbitration in accordance with the Indian arbitration laws in force at the time. The seat of arbitration shall be in India, and the arbitrator’s decision will be final and binding on both parties.

  3. No Class Actions
    You and ScaryGift agree to resolve any disputes on an individual basis. No class or representative actions are permitted under these Terms.

12. Miscellaneous

  1. Entire Agreement
    These Terms and our Privacy Policy constitute the entire agreement between you and ScaryGift regarding the Services and supersede all prior agreements, whether written or oral, relating to the subject matter herein.

  2. Severability
    If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

  3. No Waiver
    Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any future enforcement of it.

  4. Assignment
    You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights under these Terms at our discretion.

  5. Contact Us
    If you have questions or comments regarding these Terms or the Services, please contact us at scarygiftcom@gmail.com.

Thank you for choosing ScaryGift! By using our Services or purchasing our Products, you acknowledge that you have read, understood, and agree to these Terms & Conditions and our Privacy Policy.