Agreement to These Terms
These Terms of Service govern your use of the website operated by Fan Giftz, LLC and the gift curation and custom merchandise services that we provide from our studio. By visiting the website, contacting the studio or placing an order, you agree to these terms. If you do not agree, please do not use the website or place an order.
These terms apply together with any written project confirmation that we send to you. Where a project confirmation sets a specific detail, such as a quantity, a date or a price, that detail controls for that project. Where the confirmation is silent, these terms apply.
In these terms the words we, us and our refer to Fan Giftz, LLC, a limited liability company with its principal place of business at 87 Mountain Way Dr, Orem - 84058-5151, United States (US). The words you and your refer to the customer, the visitor or the organization that places an order.
Please read these terms before you send a deposit. They describe how a project starts, how it changes, what happens if a date slips and how disputes are handled. We have tried to write them in plain language, and we are happy to explain any clause in a message if something is unclear.
About the Studio
Fan Giftz, LLC is a gift curation and custom merchandise studio. We assemble themed gift boxes, prepare custom wrap work, build keepsake kits, produce event favor runs, letter personalized gift tags and operate subscription gift plans. The studio works from a wrap counter in Orem, Utah, and takes on a limited number of projects at a time so that each one receives proper attention.
The studio is small on purpose. Production is done by hand in batches, and every project passes through a written brief, a sample and an approved final layout before the full run begins. This structure keeps the finish consistent and makes it possible for us to tell a customer honestly whether a date is realistic.
Our services are intended for adults and organizations arranging gifts. We do not sell ready made products from a warehouse, and we do not operate as a general packing or postal service. Everything we make is prepared for a specific occasion and a specific recipient group.
Eligibility
You must be at least eighteen years old, or the age of majority in your jurisdiction, to place an order with the studio. If you are arranging a project for an organization, you confirm that you have authority to act for that organization and to approve the project brief on its behalf.
You agree to provide accurate contact details and to tell us promptly if those details change. A project can only move forward when we can reach the person who is authorized to approve the sample and the final run.
Where a project is arranged by an agent, an event planner or a family member on behalf of someone else, the person placing the order remains responsible for payment and for the accuracy of the brief unless a written arrangement says otherwise.
Scope of Services
Each project is defined by its brief. The brief lists the service or services involved, the quantity, the materials, the personalization text and the delivery plan. Work outside the brief is a change and is handled under the change clause below.
Our six services are themed gift boxes, custom wrap and sash work, keepsake kits, event favor runs, personalized gift tags and subscription gift plans. A project may combine several of these. The brief will state which services are included so that there is no confusion about what the finished work will contain.
Photographs and descriptions on the website illustrate the character of our work. Materials vary in shade, texture and weight from one batch to another, so a finished item may differ slightly from a photograph. We will describe any material change before production where it affects the appearance of the finished piece.
Quotes and Project Briefs
A quote is prepared after an initial conversation and is based on the information available at that time. A quote states the price, the scope of work, the estimated timeline and any assumptions that affect the price. A quote remains open for fourteen days unless it states a different period.
If the scope changes after a quote is issued, the price and the timeline may change as well. We will send a revised quote, and the project will not move to production until the revised quote is accepted.
A project brief is the written document that turns a quote into a defined piece of work. It includes the theme, the contents, the finish, the personalization text and the delivery details. We ask for written acceptance of the brief because it is the reference we use throughout production.
Quotes and briefs are confidential to the customer and the studio. We do not share a customer brief with another customer, and we do not use one project brief as a template for a different customer without permission.
Placing an Order
An order is accepted when we confirm it in writing and receive any deposit required by the quote. A conversation, an email enquiry or an unfinished sample does not by itself create a binding order.
We may decline an order where the requested item is outside the scope of our services, where the date cannot be met, where the personalization content is unlawful or harmful, or where a prior project has not been settled. If we decline, we will explain the reason plainly.
Once an order is accepted, the customer receives a confirmation that repeats the brief, the price, the deposit received and the expected production window. Please check that confirmation carefully. Corrections can be made during the sample stage; corrections after approval may require a change order.
Pricing and Payment
Prices are stated in United States dollars and may include or exclude sales tax depending on the destination and the information supplied by the customer. Any tax that applies will be shown on the invoice.
Unless the quote states otherwise, a deposit of fifty percent is due when the order is accepted and the balance is due before dispatch. For subscription gift plans, the schedule of payments is set out in the plan document.
Payment may be made by the methods listed on the invoice. Card payments are processed by a payment provider. We do not accept a request to store a card number, and we will never ask for a password or a one time code in a message about an order.
If an invoice is unpaid after the due date, we may pause production and charge interest at the rate permitted by law. A paused project is restarted when the outstanding balance is settled, and the production window may be adjusted.
Materials purchased specifically for a project may be billed at cost where the quote says so. In that case the receipt for the material is available to the customer on request.
Deposits and Cancellation
The deposit reserves production time and covers the initial materials for a project. If a customer cancels before sampling begins, we refund the deposit less the cost of any material already purchased and any design time already spent. We will provide a short written account of any deduction.
If a customer cancels after a sample has been approved but before the full run begins, the deposit is not refundable and any additional cost of materials already cut is owed. If the run has started, the customer owes the full price of the items that have been completed.
If we cancel a project for a reason within our control, we refund the deposit and any payment made for work not yet delivered. We will also help the customer move the project to another maker where that is practical.
Sample Approval and Personalization
A sample is built for each project before a run begins. The sample is photographed from several angles and sent to the customer for approval. Approval may be given by email, and it confirms the theme, the contents, the finish and the personalization text.
Personalization text must be supplied in writing. We read the text back once before production, and we ask the customer to confirm names, dates and spelling. Once approved, the text is final for that run, and a change after production begins may require a new item at additional cost.
We do not proofread personalization for meaning, and we are not responsible for a spelling that the customer has confirmed. If we notice an obvious error, we will raise it before production, but the final decision remains with the customer.
The sample remains the property of the studio unless the quote says otherwise. It is kept as the production reference so that a replacement or a matching second run can be made accurately.
Materials and Availability
Paper, cloth, twine, board and small components are purchased in batches. A supplier may discontinue a shade or run short of a material. Where that happens, we will propose the closest available match and send a comparison before cutting.
Natural materials vary. The shade of a paper lot, the weave of a cloth band and the finish of a small seal can change slightly between batches. These variations are part of the character of hand finished work and are not treated as defects.
If a customer supplies their own material, we will inspect it before cutting. We may decline to cut a material that is too fragile, too stiff or unsafe to work. Material supplied by a customer is stored carefully, but we cannot guarantee it against the ordinary wear of a workshop.
Production and Lead Times
Production begins after the brief is accepted, the deposit is received and the sample is approved. The lead time stated in the quote is an estimate based on the information available at that time and on the capacity of the studio.
Large runs are made in batches. Each batch is checked against the approved sample before it is boxed. If a batch fails a check, it is remade rather than patched where the finish would show.
Lead times lengthen during the late autumn holiday calendar. If a date is fixed, tell us at the brief stage so that the production week and the transit window can be planned together. We would rather decline a date than rush a run and deliver something that does not meet our standard.
Delivery and Risk
We pack finished items in cartons with a packing list and hand them to a courier or deliver them locally by arrangement. Delivery dates are estimates and depend on the courier. We are not responsible for a delay caused by weather, a courier disruption or an address that cannot be found.
Risk in the goods passes to the customer when the cartons are handed to the courier or, for a local delivery, when they are handed to the customer or an authorized person at the delivery address.
Please inspect a delivery on arrival and report any damage within seven days. Where damage is caused in transit, we will help the customer file a claim and, where practical, remake the affected items.
If a parcel is returned because of an incorrect address supplied by the customer, the cost of resending is borne by the customer. We will keep the returned parcel safely for thirty days while a new address is confirmed.
Returns and Remakes
Because our work is made to order and often personalized, a finished item cannot be returned for a change of mind. This does not affect any right that a consumer has under applicable law.
If an item is defective, damaged or materially different from the approved sample, please contact us within seven days of delivery with a photograph and the order reference. We will repair or remake the item, or refund the price of the affected piece where a remake is not practical.
Custom personalization approved by the customer is not treated as a defect. A misspelled name that the customer confirmed is outside the remake policy, although we will always try to find a fair solution.
Refunds are made to the original payment method unless another method is agreed in writing. Refunds are processed within a reasonable period after the return or the remake decision.
Intellectual Property
The website, its text, its layout, its illustrations and its code belong to Fan Giftz, LLC or are used with permission. You may read, print and share a page for personal or internal business reference. You may not copy substantial parts of the site into another website or use our content in a way that suggests an endorsement that does not exist.
Designs created for a project remain the property of the studio. The customer receives the finished items and the right to use them for the occasion for which they were ordered. A design may be reused by the studio in a different context, but we will not reproduce a customer signature design for another customer.
Where a project uses artwork supplied by the customer, the customer keeps ownership of that artwork. The customer grants us a limited licence to use it only for the production of the project.
Our studio name and its presentation may not be used in advertising without written permission.
Client Content and Permissions
You are responsible for the material you send to the studio for personalization or for inclusion in a kit. This includes names, dates, short messages, artwork and photographs. You confirm that you have the right to use the material and that its use does not infringe the rights of another person.
Do not send content that is unlawful, threatening, defamatory, obscene or harmful, or that promotes hatred against a group of people. We may refuse to print content that falls into those categories and may end a project where the content cannot be resolved.
Where a project includes photographs of other people, you confirm that you hold the necessary permission to reproduce them. We do not publish client content without written consent, and consent can be withdrawn at any time for material on pages we control.
Acceptable Use of the Website
You agree to use the website lawfully and not to interfere with its operation. You must not attempt to gain unauthorized access to any part of the site, to inject harmful code or to use automated tools in a way that places an unreasonable load on the server.
The website is provided for information and for contacting the studio. You may not scrape the content to build a competing site, and you may not use our contact details to send unsolicited bulk messages.
If we notice activity that threatens the site or its visitors, we may block the address involved and report the matter where appropriate.
Third Party Services
The website and our order process use a small number of outside services, including website hosting, email, payment processing and courier delivery. These services are governed by their own terms and privacy notices.
Links to a map, a courier tracking page or a payment portal are provided for convenience. We do not control those pages and are not responsible for their content or their availability.
If an outside service fails, we will do what we can to keep a project moving, but we are not responsible for a delay or a loss caused by a provider that we cannot reasonably control.
Limitation of Liability
To the fullest extent permitted by law, the total liability of Fan Giftz, LLC for a project is limited to the amount paid for that project. We are not liable for indirect, incidental, special or consequential loss, including lost profit, lost opportunity or reputational harm.
We are not liable for a delay caused by information that was incorrect when supplied, by a change requested late, by a courier disruption or by an event outside our reasonable control. We are also not liable for the decisions of a customer about the suitability of a gift for a particular recipient.
Nothing in these terms limits liability for fraud, for wilful misconduct, or for any liability that cannot be limited by law. Some jurisdictions do not allow certain exclusions, in which case those exclusions apply only to the extent the law permits.
Indemnity
You agree to compensate Fan Giftz, LLC for any loss, cost or claim that arises from content you send to the studio, from a breach of these terms, or from your failure to hold the rights needed to use material supplied for a project.
This obligation applies only to the extent that the loss is caused by your conduct. We will notify you promptly of any claim and will allow you to participate in the response where practical.
We will not settle a claim in a way that admits fault on your part without your agreement, and we will not admit fault on our own part without the same courtesy.
Force Majeure
We are not responsible for a failure or delay caused by an event outside our reasonable control. Such events include a natural disaster, a fire, a flood, an epidemic, a labour dispute, a transport failure, a power outage, a cyber attack on a supplier or a change in law.
If such an event occurs, we will tell the customer as soon as we can, explain the likely effect on the timeline and agree a revised plan. If the event continues for a long period, either party may end the affected project and settle the work already completed.
Privacy and Data
Our handling of personal information is described in the Privacy Policy published on this website. The policy explains what we collect, why we collect it, how long we keep it and how a person can exercise a privacy right.
By placing an order, you confirm that you have the authority to share any personal details you send about gift recipients, and that you have told those people about the use of their details for delivery where the law requires you to do so.
We keep project records for the periods described in the Privacy Policy and use them only for the purposes set out there.
Governing Law and Disputes
These terms are governed by the laws of the State of Utah, United States, without regard to conflict of law rules. The courts of Utah have exclusive jurisdiction over a dispute that cannot be resolved by discussion, unless a mandatory consumer protection rule in your place of residence provides otherwise.
Before starting a formal claim, please write to us with a clear description of the problem and the outcome you are seeking. Many disputes are resolved at that stage because a small studio can move quickly once the issue is understood.
If a discussion does not resolve the matter within thirty days, either party may pursue the remedies available under the law. Nothing in this clause prevents a consumer from contacting a local consumer protection authority.
Changes to These Terms
We may update these terms from time to time. The current version is always the one published on this page, with the effective date shown at the top. Where a change affects an order already accepted, the terms that applied when the order was accepted continue to govern that order unless the change is required by law.
If a change is significant, we will draw attention to it on the website and, where we hold a current email address, send a short notice to customers with a live project.
Continued use of the website after a change takes effect confirms acceptance of the updated terms for future use.
General Provisions
If any part of these terms is found to be invalid or unenforceable, the remaining parts continue in full force. The invalid part is replaced by a valid provision that comes closest to the original intention.
A failure to enforce a right on one occasion does not waive that right on a later occasion. An assignment of these terms requires our written consent, except where a customer assigns the benefit of an order to an organization that succeeds to its business.
These terms and the project confirmation form the entire agreement between the customer and the studio for a project. Earlier discussions, estimates or verbal understandings do not add to or vary them.
Headings are included for convenience only and do not affect the interpretation of a clause.
Contact
Questions about these terms, a request for a revised quote or a notice under a clause of this agreement may be sent to the studio by any of the means below.
Fan Giftz, LLC
87 Mountain Way Dr, Orem - 84058-5151, United States (US)
Email: office@fangiftz.autos
Telephone: +16079901062
Our business hours are Monday to Thursday from 9:00 to 17:00 and Friday from 9:00 to 14:00. Please include the project reference or the order date where you have it, so that we can locate the correct record quickly.
Thank you for reading these terms. We are glad to make something for your occasion, and we will do our best to make the process as clear as the finished parcel.