Terms of Service

Overview

Welcome to WashingtonBaskets.com. The terms “we,” “us,” and “our” refer to Washington Baskets. Washington Baskets operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with an online shopping and order fulfillment experience (the “Services”). WashingtonBaskets.com is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein, these “Terms of Service” or “Terms,” describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access the Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or district of residence, and you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide through our store is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors, product appearance, packaging, and presentation may differ from how they appear on your screen due to the device you use to access the store and your device settings or configuration.

We do not warrant that the appearance, quality, size, composition, or presentation of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

Product descriptions, images, prices, availability, and contents are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Because gift baskets and related products may include food, beverages, alcohol, seasonal items, perishable items, specialty goods, or third-party branded products, substitutions may be made when necessary. When substitutions are made, we aim to maintain the overall intent, value, and presentation of the selected product.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Washington Baskets reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Washington Baskets confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Washington Baskets may be unable to accommodate cancellation requests after an order is accepted or once preparation, fulfillment, or delivery coordination has begun.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, shipping address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return, refund, replacement, or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for lawful use and are not for unauthorized commercial resale or export.

Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, delivery fees, customs, import charges, or other applicable charges.

Prices posted in our online store may differ from prices offered through other channels, third-party platforms, promotional campaigns, or affiliated businesses. We may offer promotions from time to time on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, billing, shipping, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, billing address, shipping address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method provided for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping, delivery, handling, and all applicable taxes and fees.

Section 5 - Shipping and Delivery

Delivery dates, delivery windows, shipping times, and transit times are estimates only and are not guaranteed unless expressly stated otherwise in writing by Washington Baskets.

We are not liable for shipping or delivery delays caused by carriers, couriers, weather, traffic, building access issues, recipient unavailability, incorrect or incomplete delivery information, customs processing, force majeure events, or other circumstances outside our control.

You are responsible for providing accurate and complete delivery information, including recipient name, address, unit or suite number, company or building name, phone number, delivery instructions, and any relevant access details. Incorrect or incomplete delivery information may result in delays, failed delivery attempts, additional charges, or order cancellation.

For deliveries to office buildings, government buildings, institutions, hospitals, hotels, apartments, condominiums, gated communities, or managed properties, delivery may be completed at a reception desk, mailroom, concierge, security desk, front desk, loading area, or other location accepted by the building or delivery carrier.

Once a product has been transferred to a carrier, courier, delivery partner, reception desk, building representative, recipient, or other authorized receiving party, title and risk of loss may pass to you or the recipient, subject to applicable law.

Section 6 - Alcohol and Restricted Products

Some products or add-ons may include alcohol or other restricted items where permitted by applicable law. Alcohol availability depends on recipient location, product availability, delivery rules, and applicable federal, state, district, and local regulations.

By purchasing any product containing alcohol, you represent that you and the recipient are of legal drinking age and that the order complies with all applicable laws. Alcohol deliveries may require adult signature, age verification, or additional delivery requirements.

We reserve the right to refuse, modify, or cancel any order containing alcohol or restricted items if we determine that the order cannot be lawfully or safely fulfilled.

Alcohol products, restricted items, and related add-ons may not be available in all locations.

Section 7 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Washington Baskets, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Washington Baskets, Shopify, or any third party.

Washington Baskets names, logos, product names, service names, designs, and slogans are trademarks of Washington Baskets or its affiliates or licensors. You must not use such trademarks without the prior written permission of Washington Baskets. Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 8 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services. We neither monitor nor have control over these tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

Section 9 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 10 - Relationship with Shopify

WashingtonBaskets.com is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Washington Baskets.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Washington Baskets, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Washington Baskets.

Section 11 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and other service providers, including third parties that may be located in countries other than where you reside, in order to provide services to you.

Please review our Privacy Policy for more details on how we, Shopify, and our partners collect, use, and protect personal information.

Section 12 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content, collectively “Feedback,” you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, obscene, false, misleading, or malicious content, or contain any computer virus or other malware that could affect the operation of the Services or any related website.

You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

Section 13 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery fees, transit times, availability, or other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

Section 14 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

• For any unlawful or malicious purpose;
• To violate any international, federal, state, district, or local law, regulation, rule, or ordinance;
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any employee or other person;
• To transmit false or misleading information;
• To upload, download, transmit, or use any material that does not comply with these Terms;
• To transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;
• To impersonate or attempt to impersonate any person or entity; or
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Washington Baskets, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:

• Upload or transmit viruses or any other type of malicious code;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
• Collect or track the personal information of others;
• Spam, phish, pharm, pretext, spider, crawl, scrape, or use automated means to access the Services without authorization; or
• Interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine that you have violated any part of these Terms.

Section 15 - Termination

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 - Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information