TERMS AND CONDITIONS OF USE
1. General Provisions
Welcome to nostalgicgiftware.com. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use (hereinafter “Terms”). These Terms constitute a legally binding agreement between you and the operator of nostalgicgiftware.com regarding your use of the site. If you do not agree with any part of these Terms, you must refrain from using our website immediately.
We reserve the right to update, modify, or replace any portion of these Terms at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of the site following the posting of any changes constitutes acceptance of those changes. These Terms apply to all users, including visitors, customers, merchants, and contributors of content.
2. Intellectual Property Rights
All content displayed on nostalgicgiftware.com, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of the site owner or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The brand and product lines featured on this site.
You are granted a limited, non-exclusive, non-transferable license to access and make personal use of this site. You may not modify, reproduce, distribute, display, perform, republish, upload, post, transmit, or create derivative works from any part of the content without our express written consent. Any unauthorized use of the site’s intellectual property will result in the immediate termination of your permission to use the site and may subject you to legal action.
3. User Accounts and Responsibilities
To access certain features of nostalgicgiftware.com, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy. You are solely responsible for safeguarding your account credentials, including your password, and for any activities that occur under your account, whether or not authorized by you.
You must notify us immediately if you suspect any unauthorized use of your account or any other security breach. We shall not be liable for any loss or damage arising from your failure to comply with these security obligations. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
4. Products and Descriptions
We strive to present our products, including all items from the brand, as accurately as possible with respect to color, size, design, and material. However, we do not warrant that product descriptions, images, or other content on the site are entirely complete, reliable, current, or error-free. The actual appearance of physical goods may vary depending on your screen display settings.
All products are subject to availability. We reserve the right to discontinue any product at any time without prior notice. While we make every effort to ensure that product information is correct, minor variations in specifications, measurements, and finish are inherent in handmade or artisanal goods and do not constitute a defect. Any reliance on the material on this site is at your own risk.
5. Order Acceptance and Cancellation
Your placement of an order through nostalgicgiftware.com constitutes an offer to purchase the products in your cart. We reserve the right to accept or decline your offer for any reason, including but not limited to product unavailability, errors in pricing or description, or suspected fraudulent activity.
An order confirmation generated by our system does not constitute final acceptance of your order. We reserve the right to cancel any order, or part of an order, after such confirmation has been sent. If we cancel an order, we will notify you accordingly. We also reserve the right to limit the quantity of items purchased per person or per order.
6. Pricing and Payment
All prices displayed on our site are quoted in the relevant currency and are exclusive of applicable taxes and duties unless otherwise stated. We endeavor to ensure that all pricing information is accurate, but inadvertent errors may occur. In the event of a pricing error, we reserve the right to cancel or amend your order and will notify you of the corrected price.
We accept various forms of payment as indicated on the checkout page. By submitting your payment details, you represent and warrant that you are authorized to use the designated payment method. All transactions are processed through secure third-party payment gateways, and we do not store your complete financial information on our servers.
7. Shipping and Delivery
We will make reasonable efforts to process and dispatch your order within the estimated time frames provided at checkout. However, all shipping and delivery dates are approximate and are not guaranteed. We shall not be liable for any delays caused by external carriers, customs clearance, or other factors beyond our reasonable control.
Title and risk of loss for products pass to you upon our delivery to the carrier. We recommend that you inspect all packages upon receipt and retain all packaging materials in case of a dispute with the carrier. You are responsible for complying with all import regulations and for payment of any applicable customs duties or taxes imposed by your destination country.
8. Returns, Exchanges, and Refunds
We want you to be completely satisfied with your purchase. If for any reason you are not, you may request a return or exchange in accordance with our Returns Policy, which is incorporated by reference into these Terms. Items must be returned in their original condition, unused, and with all original tags and packaging intact.
We reserve the right to refuse a return or exchange if the product shows signs of use, damage, or alteration. Approved refunds will be processed to the original payment method within a reasonable timeframe. Shipping charges are generally non-refundable unless the return is due to our error. We may also offer store credit at our discretion.
9. Prohibited Uses
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in unlawful acts; to violate any international, federal, provincial, or state regulations; to infringe upon our intellectual property rights or the rights of others; to harass, abuse, insult, harm, defame, or discriminate; to submit false or misleading information; to upload or transmit viruses or any malicious code; to collect or track the personal information of others; to spam or phish; or to interfere with the security features of the site.
We reserve the right to terminate your use of the site for violating any of these prohibited uses.
10. Disclaimer of Warranties and Limitation of Liability
This site and all information, content, materials, and products included on or otherwise made available to you through the site are provided on an “as is” and “as available” basis, without any representations or warranties of any kind, either express or implied. We do not warrant that the site will be uninterrupted, timely, secure, or error-free, nor that the results obtained from use of the site will be accurate or reliable.
To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall we be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from your use of the site or from any products purchased through the site.
11. Indemnification
You agree to indemnify, defend, and hold harmless nostalgicgiftware.com and our affiliates, partners, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these Terms, your violation of any law or the rights of a third party, or your use of the site.
12. Third-Party Links
Our site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such third-party content or services.
13. Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy, which is also available on our website, explains how we collect, use, and protect your personal information. By using the site, you consent to our collection and use of your data as described in that policy.
14. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of government, labor disputes, power outages, or failures of the internet or telecommunications infrastructure.
15. Severability and Governing Law
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of any remaining provisions.
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the jurisdiction in which our principal place of business is located, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts situated in that jurisdiction for the resolution of any disputes.
16. Entire Agreement and Contact
These Terms, together with any policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us with respect to your use of the site, superseding any prior agreements, communications, or proposals, whether oral or written.
If you have any questions regarding these Terms and Conditions, we encourage you to review our frequently asked questions page or reach out through the contact channels provided elsewhere on our site. We value your business and are committed to ensuring a transparent and fair relationship with every visitor and customer.
