Terms and Conditions

I. Introduction: Agreement to Terms

Welcome to the online store of American Gifter LLC (“Company,” “we,” “us,” or “our”), accessible at americangifter.store (the “Site”). These comprehensive Terms and Conditions (“Terms”) govern your access to, browsing of, and use of the Site, as well as the purchase of any products (“Products”) offered for sale by American Gifter LLC. By accessing, browsing, submitting information to, or purchasing Products from this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Refund & Return Policy, all of which are incorporated herein by reference. If you do not agree to all of these Terms, you are expressly prohibited from using the Site and must discontinue use immediately.

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. These Terms constitute the entire and exclusive agreement between you and American Gifter LLC regarding the Site and Products, superseding any prior agreements or communications.

II. Intellectual Property Rights

A. Ownership of Content

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, product designs, and the design, selection, and arrangement thereof) are owned by American Gifter LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

B. Trademarks

The American Gifter LLC name, logo, all product names, product designs, and slogans on this Site are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

C. Limited License and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site for your personal, non-commercial use. You agree not to:

  1. Modify, copy, reproduce, republish, upload, post, transmit, or distribute any material from the Site.

  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

  4. Access or use for any commercial purpose any part of the Site or any services or materials available through the Site, including systematic data extraction tools.

  5. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.

Any unauthorized use of the Site or its content terminates the license granted by the Company.

III. Use of the Site and Prohibited Activities

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

  • To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

  • To attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  • To use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  • To use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

IV. Product Information, Pricing, and Availability

A. Descriptions and Accuracy

We endeavor to display the attributes of our Products, including colors, finishes, dimensions, and materials, as accurately as possible. However, the actual color, grain, and finish you see will depend on your monitor, device settings, and the natural variation inherent in solid oak wood. We cannot guarantee that your monitor’s display will be accurate. Product dimensions are approximate and may have slight variances. All Products are subject to availability, and we cannot guarantee that all items will be in stock. We reserve the right to discontinue any Product at any time.

B. Pricing and Errors

We list the prices for Products in US Dollars (USD). Prices are subject to change without notice. We are not responsible for typographical errors regarding price or any other matter. In the event a Product is listed at an incorrect price due to a typographical error or error in pricing information, we shall have the right to refuse or cancel any orders placed for the Product at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged and we cancel your order, we will issue a full refund to your payment method.

C. Taxes

You are responsible for any applicable sales, use, value-added (VAT), goods and services (GST), or other similar taxes imposed by any government entity on your purchase, based on the shipping address you provide. These taxes will be added to your purchase price at checkout where we are required to collect them. For international orders, you are responsible for all customs duties, import taxes, and brokerage fees levied by the destination country, which are not collected by us at checkout.

V. Orders, Payment, and Contract Formation

A. Order Acceptance

Your order constitutes an offer to purchase a Product. All orders are subject to acceptance by us. We may, in our sole discretion, refuse or cancel any order for any reason, including but not limited to: Product availability, errors in the description or price of the Product, errors in your order, suspected fraud, or inability to ship to your provided address. If we cancel an order after your payment method has been charged, we will issue a full refund.

B. Payment Terms

You agree to pay all charges incurred by you or any users of your account and payment method at the price(s) in effect when such charges are incurred. You must provide a valid, accepted payment method (as detailed on our Payment Methods page). You represent and warrant that you have the legal right to use any payment method you provide. You authorize us to charge your payment method for the total amount of your order (including shipping and taxes). We use a third-party payment processor (Stripe) to handle all payment transactions. Your payment information is subject to the processor’s privacy policy and terms.

C. Contract Formation

The contract for the purchase of a Product between you and American Gifter LLC (“Contract”) is formed only when we send you an order confirmation email. This Contract incorporates these Terms, our Refund & Return Policy, and our Privacy Policy. We are not obliged to supply any Product that is the subject of a Contract until we have received payment in full and cleared funds.

VI. Shipping, Delivery, and Title

Shipping methods, costs, and estimated delivery times are provided on our Shipping Policy page and at checkout. These are estimates only. We are not liable for any delays in delivery caused by carriers, customs, weather, or events beyond our reasonable control (Force Majeure). Title to the Products and risk of loss passes to you upon our delivery of the Products to the common carrier for shipment.

A. Inspection and Receipt

You must inspect the Products immediately upon delivery. For damaged or incorrect items, you must follow the procedures outlined in our Refund & Return Policy within 48 hours of delivery. Failure to notify us within this timeframe may affect your right to a remedy.

B. International Orders

For orders shipped outside the United States, you are the importer of record and are responsible for compliance with all laws and regulations of the destination country. You are solely responsible for any customs duties, taxes, and fees. Delays in customs are not the responsibility of American Gifter LLC.

VII. Returns, Refunds, and Warranties

All returns and refunds are governed exclusively by our Refund and Return Policy. Please review it carefully before making a purchase.

Our Products are covered by a Limited Lifetime Warranty against defects in materials and workmanship for the original purchaser under normal residential use. This warranty is in lieu of all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The warranty does not cover damage caused by accident, misuse, abuse, neglect, improper assembly, improper care, commercial use, or normal wear and tear. For warranty claims, contact our customer service.

VIII. User Comments, Feedback, and Submissions

If you submit any creative ideas, suggestions, proposals, plans, or other materials to us (collectively, “Submissions”), whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation to maintain any Submission in confidence, to pay compensation for any Submission, or to respond to any Submission. You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.

IX. Third-Party Links and Content

The Site may contain links to third-party websites or services that are not owned or controlled by American Gifter LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that American Gifter LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.

X. Disclaimer of Warranties and Limitation of Liability

A. Disclaimer

YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AMERICAN GIFTER LLC NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR PRODUCTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

B. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AMERICAN GIFTER LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF AMERICAN GIFTER LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

XI. Indemnification

You agree to defend, indemnify, and hold harmless American Gifter LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site’s content, services, and Products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

XII. Governing Law and Dispute Resolution

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Boulder, Colorado, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

XIII. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

XIV. Contact Information

Questions about these Terms and Conditions should be sent to us at:

American Gifter LLC
1942 Broadway St. STE 314C
Boulder, CO 80302
Email: lcnecom@gmail.com
Phone: +84 9610 37868