1. Introduction
These terms and conditions (the “Terms”) set out your rights and obligations, and those of Opie Productions LLC (“we” or “us”), in relation to this website, www.uniquegiftcards.com (the “Website”), any uniquegiftcards.com application that you access (the “App”) and any products, services and material of any kind available through the Site, the App or us (the “Services”). When we refer to “uniquegiftcards.com” in these Terms, we mean us, the Site, the App and/or the Services, according to the context.
By registering with uniquegiftcards.com, you accept that you are entering into a contract with us under these Terms. People who register with uniquegiftcards.com establish an “Account” and become “Users”. Visitors to uniquegiftcards.com who do not register with uniquegiftcards.com, but who nevertheless use the Site or download the App, affirm that they are bound by these Terms each time they access uniquegiftcards.com.
You must be at least 18 years of age to use this website or the app.
If you do not agree to these Terms, you must not use this Website or the App.
You should be aware that these Terms may change from time to time in accordance with section 12 below.
You will be able to access most areas of uniquegiftcards.com without registering your details with us. Other areas, and the opportunity to place orders with us, are only open to you if you register. I agree to the Terms & Conditions and Privacy Notice, and I am 18 years or older.
2. Trading details
Whenever you buy a product through this Website or the App, you will be contracting with Opie Productions LLC, a limited liability company incorporated in Colorado, USA.
Email address: support@uniquegiftcards.com
Address: 6869 Johnson St., Arvada CO 80004.
Contact: 720 * 798 * 1818
3. Ordering from us
3.1. Product description
We use our reasonable endeavors to make sure that every product on uniquegiftcards.com is shown accurately and that prices are correct. However, occasionally there may be small variations in color, typefaces and layout.
3.2. Placing your order
A contract for the purchase of a product is created as follows:
- The User places the order on the Site or App by pressing a payment button at the end of the checkout process: if the product in question includes content selected by the User it is a “personalized product”; if it is a standard product which does not include any content selected by the User it is a “non-personalized product”
- By confirming your order, you are agreeing to purchase the product you have selected
- At this point, we take payment for your order by means of your nominated payment method
- At this point, we take payment for your order by means of your nominated payment method
From time to time, we may reject an order for the following reasons:
- If, unfortunately, we or Amazon does not have your chosen product in stock
- Where we cannot obtain authorization for your payment
- If there has been a relevant pricing or product description error
- If your order otherwise breaches any of the requirements of these Terms
- The use of images for a personalized product which are corrupted, unsupported technically or inadequately pixelated
- If a personalized product you wish to order contains anything which contravenes, or appears to contravene, our Content Rules (see section 3.4 below for our Content Rules).
- We suspect that the order has been placed fraudulently
- It appears that the order mistakenly duplicates another order. If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
There are limited circumstances in which you may cancel an order after it has been made – see section 6 on this.
Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.
You must be at least 18 years of age to use this website or the app.
If you do not agree to these Terms, you must not use this website or the app
3.3. Personalizing products
uniquegiftcards.com aims to provide you with a fast, high-quality service. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct.
It is up to you to ensure that content you have contributed for inclusion in a personalized product is correct, and (for example) is correctly spelled. As a courtesy, we may allow you to make changes to your order whilst its status on your ‘Order History’ (under the ‘My Account’ tab) shows as “Processing” and your card has not been printed.
If you are uploading a photo, images must be in JPEG or PNG format.
Any other format such as Word documents and PDFs cannot be accepted.
For best results, we advise that you make the image dimensions approximately 640 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it. However, an on-screen warning will generally appear to let you know that the image may not appear very well on the selected personalized product.
By uploading, posting, contributing or including any content or material in a personalized product, you grant us a non-exclusive, royalty-free, irrevocable license (including the right to grant sub-licenses through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to uniquegiftcards.com or the requirements of the product you have ordered (such as by cropping images).
3.4. Content Rules
We do not permit personalized products to include any content or material which:
- infringes anyone’s copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalized product or that you are fully licensed by the copyright owner to include that image or other content in the personalized product
- infringes any other rights, such as a trademark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
- contravenes any applicable law (including, without limitation, any criminal law) or regulation
is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person - misrepresents identity or impersonates any person
- includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
- contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
may harass, upset, embarrass or alarm any person - gives the impression that it emanates from or has been approved by us
- advocates, promotes or assists any unlawful act
- The above are our Content Rules.
3.5. Payment
At uniquegiftcards.com, you can pay for your products using credit card, debit card or any other payment method which we make available to you at the time of your order.
4. Kindle Book Purchasing
By placing your order with uniquegiftcards.com for a Kindle ebook, you agree to hire uniquegiftcards.com to act as an intermediary agent to purchase the desired title(s) from Amazon and transfer the title(s) to the intended recipient as indicated in the purchase. At no point does uniquegiftcards.com claim ownership of the Kindle eBook license. Any monies collected by uniquegiftcards.com are used solely to retain uniquegiftcards.com to purchase and deliver the eBook license to the recipient, and any fees paid to uniquegiftcards.com in excess of the Kindle title(s) are for physical goods and services furnished by uniquegiftcards.com, postage, and applicable taxes. uniquegiftcards.com disclaims and makes no representations or warranties, express or implied, with respect to the terms and conditions of Amazon eBook Licensing, as may be modified by Amazon or its affiliates from time to time.
5. Delivery
During the order process, uniquegiftcards.com will generally notify you of the mailing dates available and the expected timeframe for receiving your order; however, uniquegiftcards.com does not guarantee delivery dates or times.
5.1. General mailing information
- It is your responsibility to ensure that the delivery address you provide for any order you place is correct
5.2. Circumstances Beyond Our Control
Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
6. Changing or cancelling an order
Before you request a change or cancellation, it is best to check the status of your order by going to ‘Order History’, which can be found under the ‘My Account’ tab. Orders can only be changed or cancelled if the status is on ‘Processing’. If the status displays ‘Completed’ then the gift card has already been printed or mailed and, unfortunately, cannot be amended or cancelled.
Emails are answered during business hours (Monday – Friday 8am – 3pm) in the order they are received. It is therefore possible that your order could begin production before your email is processed and we will be unable to make any changes requested in the email.
7. Returns and refunds
At uniquegiftcards.com, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a replacement.
In no event will uniquegiftcards.com be liable in the event the recipient specified in the order does not redeem the gift card, ebook credit or does not receive or accept the ebook credit upon delivery to the recipient address set forth in your order.
You are purchasing a customized product, so there are no refunds. All sales are final.
8. Use of the Website
You agree not to use uniquegiftcards.com directly or indirectly for any unlawful purpose, or to cause distress or offense to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules (set out in section 3.4 above).
8.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website or App is protected by uniquegiftcards.com’s or third-party copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You may use and access uniquegiftcards.com to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trademark or other intellectual property notices contained in material taken from uniquegiftcards.com.
No-one may copy, distribute, show in public or create any derivative work from uniquegiftcards.com, or any of the material which is found on uniquegiftcards.com unless properly licensed in writing by us to do so. You are not allowed to use uniquegiftcards.com (or to copy or use any material found on uniquegiftcards.com) for any commercial purpose other than to conduct the purchase of a product from uniquegiftcards.com.
No-one may use any robot, spider, scraper or other automated means to access uniquegiftcards.com for any purpose without our prior express written permission.
8.3. Website content and service access
We will always try to ensure that uniquegiftcards.com is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
8.4. Links
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third-party websites you do so at your own risk.
8.5. Liability
We use reasonable care and skill to provide uniquegiftcards.com in accordance with our specifications for uniquegiftcards.com but:
- the Services are provided “as is”
- we cannot and do not guarantee that uniquegiftcards.com or the Services will meet your requirements
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.
We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
- for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption
- any loss or corruption of data
- any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website or App, or anything done while your Account is logged into the Website or App.
The provisions of this section shall survive the termination or expiry of these Terms.
8.6. Suspension
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access uniquegiftcards.com, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using uniquegiftcards.com if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
8.7. Contact from third parties
If anyone contacts us in relation to your or your Account’s use of uniquegiftcards.com or a transaction associated with you or your Account, then you agree:
- to provide all reasonable information and assistance we may require in connection with responding to that contact
- to respond promptly and accurately to it, should we pass the message to you for a response
9. Offers and Promotions
The offers and promotions which we make available on our Website or through our App are governed by terms and conditions which will be accessible to you at the time of the offer.
10. General
These Terms are intended to contain your entire agreement with us relating to the Services, the Website and the App.
If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Only you and uniquegiftcards.com shall be entitled to enforce these Terms.
We reserve the right to change these Terms from time to time, and post the new version on uniquegiftcards.com. The new version of these Terms will take effect:
- commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you
- immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you – examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, uniquegiftcards.com, and (ii) the refinement of provisions that are already included or referred to in these Terms
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and uniquegiftcards.com. For the avoidance of doubt, we will not have any liability to you in that event.
These Terms, the Services and each order and purchase of a product shall be governed by US law.
Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
11. Dispute Resolution
This document is governed by and are to be construed in accordance with the laws of Colorado applicable therein.
Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Colorado (and any court of appeal) and waives any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.
12. Other Things You Should Know
You need to make sure that the email address and other contact information in your uniquegiftcards.com Account is at all times accurate and up to date.
These Terms are intended to contain your entire agreement with us relating to the subject-matter of these Terms. If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. We reserve the right to change these Terms from time to time, and post the new version on the Website. The new version of these Terms will take effect on a date that we will specify at the time.
These Terms supersede and replace all prior terms and conditions relating to uniquegiftcards.com.
These Terms take effect on 8th of December 2021.