Terms & Conditions

Customer Service

About the Website

Welcome to https://chaptergifting.com (the 'Website'). The Website provides you with an opportunity to browse an extensive range of gift hampers and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

The Website is operated by FCH Gifting LLC (EIN # 30-1421965) t/a Chapter Gifting. Access to and use of the Website, or any of its associated Products or Services, is provided by Chapter Gifting. Please read these terms and conditions (the 'Terms') carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.

Chapter Gifting reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Chapter Gifting updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Chapter Gifting in the user interface.

Registration to use the Purchase Services

In order to access the Purchase Services, you may be required to first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

1.Email address

2.Preferred username

3.Mailing address

4.Telephone number

5.Password

You warrant that any information you give to Chapter Gifting in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.

Chapter Gifting will create a user account for you if you make an order by telephone or e-mail. In this case, you must ensure that information is up to date and accurate as per cl. 3.2.

Chapter Gifting reserves the right, at its sole discretion to refuse any order placed with Chapter Gifting.

You may not use the Purchase Services and may not accept the Terms if:

1. you are under 21 years of age; or

2. you are a person barred from receiving the Purchase Services under the laws of United States of America or other countries including the country in which you are resident or from which you use the Purchase Services.

Your obligations as a Member

As a Member, you agree to comply with the following:

1. You will use the Purchase Services only for purposes that are permitted by the Terms;

2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Chapter Gifting of any unauthorized use of your password or email address or any breach of security of which you have become aware;

5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Chapter Gifting providing the Purchase Services;

6. you will not use the Purchase Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;

7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Chapter Gifting for any illegal or unauthorized use of the Website; and

8.you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

Purchase of Products

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

Payment of the Purchase Price may be made through eWay (the 'Payment Gateway Provider').

All prices quoted, unless otherwise stated, are inclusive of Sales Tax and are quoted in USD.

In using the Purchase Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.

Following payment of the Purchase Price being confirmed by Chapter Gifting, you will be issued with a receipt to confirm that the payment has been received and Chapter Gifting may record your purchase details for future use.

Prices for the Products are subject to change without notice. Chapter Gifting reserves the right to modify or discontinue a Product without notice at any time. Chapter Gifting is not liable to you or any third party for the discontinuance, modification or price change of a Product line that you consider a representation of your business.

Credit Trade Accounts

If you wish to establish a Credit Trade Account, you must contact Chapter Gifting via e-mail at info@chaptergifting.com

Once a completed Credit Trade Account application is received, Chapter Gifting can take up to 7 business days to approve. Chapter Gifting reserves the right to reject a Trade Account application. Chapter Gifting is not liable to you or any third party for issues caused by delays in approving a Trade Account application.

All Credit Trade Account Orders are subject to these Website Terms and any terms and conditions provided to you by Chapter Gifting.

Quotes

Pricing is subject to the ongoing availability of the items quoted.

In the event of the goods being unavailable, Chapter Gifting reserves the right to withdraw and/or reissue a quote accordingly.

Pricing is subject to the quantities quoted and Chapter Gifting reserves the right to adjust the Unit Price accordingly if a change to quantity is requested by you the customer.

All goods and services are quoted including Sale Tax.

Delivery

You acknowledge that the Purchase Services offered by Chapter Gifting integrate delivery (the 'Delivery Services') through the use of third-party delivery companies (the 'Delivery Service Providers').

In providing the Purchase Services, Chapter Gifting may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Chapter Gifting is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers with respect to providing the Delivery Services.

Orders made for recipients in remote zip codes incur a Freight Forwarding Surcharge. This charge is dictated by the Delivery Service Providers and will be added to the shipping cost. This will be clearly displayed when completing an order.

All orders are packed and dispatched from our warehouse on the next business day after the order is received.

Christmas orders will be packed and dispatched within the week you select.

No deliveries are made on public holidays or weekends. Order cut-off times will change during the Christmas period and other high-traffic times. Please refer to the delivery information page for more information.

You must select a preferred dispatch date when placing an order. Please note that a dispatch date is not a delivery date, it is the day your order leaves the Warehouse.

A $19 Return Delivery Fee (‘Return Fee’) is payable by you in the following situations. No refund or return will be available:

1. Denied acceptance of delivery by receiver;

2. Inaccurate delivery address;

3. Absent receiver – If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Chapter Gifting for the Return Fee.

4. Re-direction during transit – Products re-directed while in transit will need to be returned to Chapter Gifting before being sent to the new/correct address and will incur a Return Fee and any additional Shipping Costs.

5. Amendments to gift card – Your order will need to be returned to Chapter Gifting before a message can be changed. You will be liable for the Return Fee and any additional Shipping Costs.

7. Chapter Gifting will not recall or provide a refund for Products successfully delivered to an incorrect address if this address is provided by you.

8. In the event that an item is lost or damaged in the course of the Delivery Services, Chapter Gifting asks that you:

8.1 contact the Delivery Service Provider directly to request a refund; and

8.2 contact Chapter Gifting by sending an email, with photo evidence, to info@chaptergifting.com within 3 business days of the arrival of the Product, outlining in what way the Product was damaged in transit so Chapter Gifting is able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8.3 Kindly be aware that we are no longer making to hospitals. This decision stems from our commitment to ensuring first-class service and helping to ensure your order reaches its intended recipient without any issues. Recently courier services have been unable to guarantee delivery to hospitals. We advise sending the hamper to the recipient's home or business address post-discharge

Refunds and Returns Policy

Chapter Gifting does not provide refunds for change of mind.

Due to the perishable nature of the Products, Chapter Gifting cannot accept returns if a Product has been opened or successfully delivered to the wrong person.

Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.

Chapter Gifting wants you to be satisfied with your Product. If you have any issues with Chapter Gifting Products or Services, you are obligated to email info@chaptergifting.com to seek a resolution. All refund requests must be made within 30 days of dispatch.

Cancellations

Once payment for an order has been accepted, cancellation is at the discretion of Chapter Gifting. If you wish to cancel your order, please contact Chapter Gifting immediately on email info@chaptergifting.com

Cancellation of orders must be made at least 24 hours prior to dispatch. Orders cannot be cancelled once they have been prepared and are with the Delivery Service Provider for delivery.

Where a Product has been listed at an incorrect price, or has incorrect written information or images, Chapter Gifting reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.

Branding

Chapter Gifting provides corporate gifts and corporate branding options for certain Products. Please contact the Chapter Gifting Customer Service team prior to placing an order via e-mail info@chaptergifting.com. Branding lead time takes typically 1 – 3 days to complete. All branding set up charges must be paid in full before production commences. Please see Chapter Gifting Corporate Branding page for more information.

Branding Requirements and Branding Updates

You must notify Chapter Gifting of any change to your business logos or slogans. Chapter Gifting takes no responsibility for incorrect branding being applied after final artwork approval. Any logo changes will incur additional set-up charges to be provided on application.

Chapter Gifting reserves the right to reject any content, including but not limited to text, images, or other materials, that is deemed offensive or inappropriate. This encompasses, without limitation, content involving nudity, offensive slogans, harassment, defamation or graphic imagery.

Gift Card Branding

Personalized Gift Cards are provided free of charge with every hamper ordered. You must upload the relevant logo to the Website. Chapter Gifting refuses to print photographs of any nature onto Gift Cards. Chapter Gifting will not be liable for incorrect card messages, spelling, grammar or business logos. Once an order has left our warehouse and is with a Delivery Service Provider, a Gift Card message cannot be changed.

Product Substitutions

Chapter Gifting makes every effort to have stock available of all items. In certain circumstances, an item may be unavailable. If Chapter Gifting is unable to supply an item, Chapter Gifting reserves the right to make substitutions of items of equal or greater value as necessary to ensure timely delivery of your order. Chapter Gifting reserves the right to make these changes without contacting you.

Chapter Gifting endeavors to ensure that the Product list is current, however, gives no undertaking as to the availability of any Products advertised on the Website.

Warranty

Chapter Gifting's Products come with guarantees that cannot be excluded under the California Consumer Law. You are entitled to a replacement or refund for a major failure of the Products and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

The Warranty does not apply to any appearance of the supplied Products below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

Copyright and Intellectual Property

The Website, the Purchase Services and all of the related Products of Chapter Gifting are subject to copyright. The material on the Website is protected by copyright under the laws of California and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Chapter Gifting or its contributors.

Chapter Gifting retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

1. the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Chapter Gifting; or

2. the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or

3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of Chapter Gifting and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Sale of Liquor

The sale, supply, or delivery of alcoholic beverages to persons under 21 years of age is prohibited by law.

Any person under 21 years of age who purchases or attempts to purchase alcohol, or who misrepresents their age to obtain alcohol, is guilty of an offence under California law.

Penalties may include fines, community service, and suspension or revocation of the seller’s liquor licence.

FCH Gifting LLC
California Alcoholic Beverage Control Licence No: 623621

Food and Skin Allergy Disclaimer

Food Allergy Disclaimer – Food Products provided on the Website are produced and packaged by third-party companies and are labeled with possible allergen-containing ingredients by the manufacturer. Chapter Gifting will not assume any liability for adverse reactions to food consumed.

Skin Allergy/Reactions Disclaimer – Skin, bath and cosmetic products provided in certain Products are produced and packaged by third-party companies and may be labeled with possible allergen-containing ingredients by the manufacturer. You are encouraged to read the labels before using these products. Chapter Gifting will not assume any liability for adverse reactions to skin, bath or cosmetic products.

General Disclaimer

You acknowledge that Chapter Gifting does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

For photographic purposes, some Products on the Website are displayed alongside additional props. Unless an item is listed as included in the Product ingredients, it is not included in the Product.

Chapter Gifting will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colors and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Californian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

2. Chapter Gifting will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the Products of Chapter Gifting is at your own risk. Everything on the Website, the Purchase Services, and the Products of Chapter Gifting, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors of Chapter Gifting make any express or implied representation or warranty about its Content or any Products or Purchase Services (including the Products or Purchase Services of Chapter Gifting) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;

2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, Social Media Links or any of its Content related products (including third-party material and advertisements on the Website);

3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products.

4. the Content or operation in respect to links which are provided for the User's convenience.

5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability

Chapter Gifting’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or, where you have not paid the Purchase Price, the total liability of Chapter Gifting is the resupply of information or Purchase Services to you.

You expressly understand and agree that Chapter Gifting, its affiliates, employees, agents, contributors, third-party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

Chapter Gifting is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the Website, by third parties, or by any of the Purchase Services offered by Chapter Gifting.

Privacy

Chapter Gifting takes your privacy seriously, and any information provided through your use of the Website and/or the Purchase Services is subject to Chapter Gifting’s Privacy Policy, which is available on the Website at https://chaptergifting.com/privacy-and-security

Termination of Contract

The Terms will continue to apply until terminated by either you or Chapter Gifting as set out below.

If you want to terminate the Terms, you may do so by notifying Chapter Gifting at any time. Your notice should be sent, in writing, to Chapter Gifting via the “Contact Us” link on our homepage.

Chapter Gifting may, at any time, terminate the Terms with you if:

you have breached any provision of the Terms or intend to breach any provision;
Chapter Gifting is required to do so by law;
the partner with whom Chapter Gifting offered the Purchase Services to you has terminated its relationship with Chapter Gifting or ceased to offer the Purchase Services to you;
Chapter Gifting is transitioning to no longer providing the Purchase Services to users in the country in which you reside or from which you use the service; or
the provision of the Purchase Services to you by Chapter Gifting is, in the opinion of Chapter Gifting, no longer commercially viable.

Subject to local applicable laws, Chapter Gifting reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law, or if your conduct impacts Chapter Gifting’s name or reputation or violates the rights of another party.

When the Terms come to an end, all legal rights, obligations, and liabilities that you and Chapter Gifting have benefited from, been subject to (or which have accrued over time while the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply indefinitely.

Force Majeure

If circumstances beyond Chapter Gifting’s control prevent or hinder its provision of the Products, Chapter Gifting is free from any obligation to provide the Products or fulfill your order while those circumstances continue. Chapter Gifting may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

Circumstances beyond Chapter Gifting’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, government decrees, proclamations or orders, transport difficulties, and failures or malfunctions of computers or other information technology systems.

For the avoidance of doubt, if in Chapter Gifting’s reasonable opinion the provision of the Products will be affected by the COVID-19 pandemic, or if Chapter Gifting is unable to provide the Products, Chapter Gifting may suspend the provision of the Products in part or in whole to you indefinitely. Chapter Gifting will not be liable for any losses or damage to you due to the COVID-19 pandemic.

Indemnity

You agree to indemnify Chapter Gifting, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any Content you post through the Website;
any direct or indirect consequences of you accessing, using, or transacting on the Website or attempting to do so, and any breach by you or your agents of these Terms; and/or
any breach of the Terms.

Dispute Resolution

Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:
A party to the Terms claiming a dispute (“Dispute”) has arisen must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.

Resolution:

On receipt of that notice (“Notice”), the parties to the Terms (“Parties”) must:

within 7 days of the Notice, endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
if, for any reason whatsoever, 7 days after the date of the Notice the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Californian Law Society or his or her nominee;
the Parties are equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation, and each Party must pay its own costs associated with the mediation.

The mediation will be held in California, United States of America.

Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purposes of applicable laws of evidence.

Termination of Mediation:
If 30 days have elapsed after the start of mediation and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.

Venue and Jurisdiction

The Purchase Services offered by Chapter Gifting are intended to be viewed by residents of California. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be the courts of California, United States of America.

Governing Law

The Terms are governed by the laws of California, United States of America. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed under the laws of California, United States of America, without reference to conflict of law principles.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and that both parties have had the opportunity to obtain independent legal advice. The Terms are not against public policy on the grounds of inequality of bargaining power or restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the remainder of the Terms shall remain in force.