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Terms and Conditions of Use of this Website and Services

Welcome to thatperfectsomethingnyc.com a Website owned and operated by That Perfect Something®. Please read our terms and conditions carefully before obtaining any information or services through our website.

1. Definitions

"Our", "We", or "Us" means That Perfect Something®, thatperfectsomethingnyc.com and the owners of That Perfect Something® and thatperfectsomethingnyc.com.

"Company" means That Perfect Something® or thatperfectsomethingnyc.com.

"You", "Your", or "User" means the visitor or user of our website or purchaser of our services.

"Site" or "Website" refers to thatperfectsomethingnyc.com.

"Service fees" refers to Perfect Gift Consulting Service fees, Perfect Gift Concierge Service fees or Perfect Gift Shopping Companion Service fees.

"Service" or "Services" refers to Perfect Gift Consulting Service, Perfect Gift Concierge Service, or Perfect Gift Shopping Companion Service.

"Terms" refers to Terms and Conditions of Use of this Website and Services.

"Terms and Conditions" refers to Terms and Conditions of Use of this Website and Services.

2. Scope and Terms

Terms

These terms and conditions govern the use of our site, and the purchase of services and products available through the Site. You agree that by clicking "I Agree", or by using our Site, or by purchasing services and products by our Site you consent to and are bound by the following terms and conditions. If you do not accept these terms and conditions, please do not use our Site.

Age Restrictions

Our Site is not intended for the use of minors. If you are under 18 (eighteen) you are not eligible to use or purchase services and products on the Site, except with the permission of your parent or legal guardian.

 

3. Use of the Site

User License

We grant you a limited license to access and make personal use of this Site as expressly permitted in these terms. This Site or any portion of this Site may not be copied, reproduced, republished, loaded, posted, displayed, transmitted, or disseminated without our express written permission. You may not make any modifications to the content on our website. This license does not include any resale or commercial use of this Site or its contents. You may not frame or utilize framing techniques to enclose any material on this Site including trademark, logo, or other proprietary information. All trademarks, service marks, trade names are proprietary to That Perfect Something® and thatperfectsomethingnyc.com.

Termination of Use

We may terminate or suspend your access to all or part of our Site, in our sole discretion and without notice, for any conduct we believe violates any law or is harmful to the interests of the Company.

4. Privacy and Security

Your use of our Site is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Our Privacy Policies are incorporated into the Terms and Conditions. Your acceptance of these Terms is also your consent to our Privacy Policy.

5. Service Policies

Description of Services

The Perfect Gift Consulting Service provides gift ideas to the Purchaser. The Purchaser completes and submits a Gift Consulting Request form.  Once the purchaser has submitted payment for the Perfect Gift Consulting Service we review the Consulting Request form and within 48 hours we email the Purchaser a Perfect Gift Ideas Portfolio. The Portfolio includes two to three gift ideas, product images if available, customer and product reviews if available, and pricing and purchasing information.

The Perfect Gift Concierge Service is a personal shopping service for gifts. The Purchaser completes and submits a Gift Concierge Request form.  After we review the request we shop for the requested item. Upon the completion of our services, the Purchaser receives an invoice for services rendered and payment instructions via email. Payment for Gift Concierge Services is due upon the receipt of the invoice and prior to shipment of the purchased item.  The purchased item is shipped after you submit payment.

The Perfect Gift Shopping Companion Service provides one on one assistance with gift shopping. The Purchaser completes and submits a Gift Shopping Companion form. Once we receive payment for the Perfect Gift Shopping Companion Service, we review the Shopping Companion Request Form and create a shopping itinerary. You'll receive the shopping itinerary and finalize arrangements with your Gift Shopping Companion three days before your scheduled appointment. Your Gift Shopping Companion accompanies you on your gift shopping trip and helps you selects a gift for your gift recipient.

The Perfect Membership Plan has four membership levels - Bronze, Silver, Gold, and Platinum. Bronze members are entitled to a 5% discount off every order. Silver members are entitled to a 10% discount off every order.  Gold members are entitled to a 15% discount off every order.  Platinum members are entitled to a 20% discount off every order. All members may enroll in an email reminder service for important dates. Residents of New York City may use the Membership Plan to cover Gift Consulting, Gift Concierge, and Gift Shopping Companion Service fees.  Residents of New York City may also use the Membership Plan to cover the cost of an item purchased by the Gift Concierge Service, as well as tax and shipping charges.  However, non-residents may only use the Membership Plan to cover Gift Consulting service fees.  You may also purchase multiple Membership Plans. Once the Purchaser purchases a Membership Plan and submits payment on our website, the Purchaser will immediately be issued a Membership Number.  The Purchaser will also receive a discount code via email.

Right of Refusal to Fulfill a Service Request

We may refuse to fulfill a request for any service offered by our Company in our sole discretion, including but not limited to our determination that the request is a joke, the request provides false information, the request may cause harm, the request is illegal, due to the complexity of the request, etc. You will not be charged for the purchase of the service. However, a $5.00 processing fee will be charged.

Payment

We accept Visa, Mastercard, American Express, and Discover cards. Payment for our Services must be made via our Website. Service fees do not include the cost of items purchased through the Perfect Gift Concierge Service. Payment for Perfect Gift Consulting and Perfect Gift Shopping Companion Services must be made immediately prior to the commencement of either Service. Payment for Perfect Gift Concierge Service is due immediately upon your receipt of the invoice of services rendered and prior to shipment of the item purchased through the Concierge Service.

Shipping and Delivery

You are solely responsible for all shipping and delivery charges incurred when purchasing a gift through the Perfec Gift Concierge Service. Currently, we only offer domestic shipping within the United States. All items are shipped priority mail via the USPS. If the Purchaser desires express mail shipping, the Purchaser must indicate so in the "Provide any other relevant information regarding this purchase" field of the Gift Concierge Request form.  The express mail shipping fee will be indicated on your invoice. 

Delivery Times

If the purchased item is shipped via priority mail, the Purchaser will receive the item within 3 - 5 business days.  If the purchased item is shipped via express mail, the Purchaser will receive the item within 1 - 2 business days.

Shipping and Insurance Fees

Shipping and Insurance is a combined flat fee of $10.00 per shipment.

Risk of Loss or Damage

Title and ownership passes from the Company to you upon delivery of the item to the carrier. You assume all risk of loss or damage to all items during transit. In the event of product damage or loss during transit, it is your responsibility to file a claim with the carrier. You are entitled to purchase insurance from the carrier to recover costs associated with loss, theft or damage.

Cancellations, Refunds, and Returns 

Perfect Gift Concierge Service

You may cancel or change an order of a item(s) purchased through our Gift Concierge Service if the item(s) has NOT been purchased yet. Once the item(s) has been purchased, we cannot cancel or change the order.  If you choose to cancel a Gift Concierge order and the cancellation occurs before the product has been purchased, you will receive a refund of the purchase cost of the item via check within 14 days. However, please note Gift Concierge Service fees are NON-REFUNDABLE.

Items purchased through the Gift Concierge Service can be returned by us or the customer. However, the return of item(s) purchased through the Perfect Gift Concierge Service are restricted by the return policies of the store of purchase and our return policies.

Items purchased through the Perfect Gift Concierge Service are shipped with a receipt of purchase enabling you to make a return to the store of purchase.

If you choose to have us make the return, you must first complete a Return Authorization Form. Please note that we will only return items that are undamaged, not defective, unused, unopened, and in original packaging. If your return request is approved, you will receive a return authorization code and instructions on how to make your return via email. You will receive a refund of the purchase cost of the item via check within 14 days.

You are solely responsible for all return shipping costs and return and restocking charges imposed by the store of purchase. Contact us at customerservice@thatperfectsomethingnyc.com if you have any questions regarding returns. 

Perfect Gift Shopping Companion Service

You may cancel a Perfect Gift Shopping Companion service.  However, cancellation must occur at least 24 hours prior to your scheduled shopping trip.  If the cancellation occurs less than 24 hours prior to the scheduled shopping trip, you will be assessed a cancellation fee of 50% of the total Service fees.  If your Shopping Companion is unable to accompany you on your shopping trip you will be given a full refund of the Service fees via check within 14 days.

Perfect Gift Consulting Service 

Gift Consulting Service fees are NON-REFUNDABLE.

Shipping Charges and Taxes

Shipping Charges and Taxes are NON-REFUNDABLE.

Gift Certificates and Membership Plans 

Purchases of Gift Certificates and Membership Plans are NON-REFUNDABLE.

Contact us at customerservice@thatperfectsomethingnyc.com to cancel or change an order or a Gift Shopping Companion Service Request.

Taxes

Clients are solely responsible for all taxes associated with items purchased through the Perfect Gift Concierge Service. The New York City and State tax rate will be assessed to all items purchased through the Gift Concierge Service.


6. Warranties

Disclaimer of Warranties

OUR SITE AND ITS CONTENTS ARE PROVIDED BY AN "AS IS" AND ON "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE INFORMATION, GIFT SUGGESTIONS, SERVICES AND PRODUCTS PURCHASED ON THIS WEBSITE, OR PRODUCTS PURCHASED THROUGH THE PERFECT GIFT CONCIERGE SERVICE. WE WILL NOT BE LIABLE FOR ANY LOSSES, CLAIMS, DISPUTES, DISSATISFACTION, MENTAL OR EMOTIONAL ANGUISH, OR OTHER DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, SERVICES AND PRODUCTS PUCHASED ON THIS WEBSITE OR PRODUCTS PURCHASED THROUGH THE PERFECT GIFT CONCIERGE SERVICE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE USE OR PURCHASE OF OUR SERVICES AND PRODUCTS, AND THE USE OF PRODUCTS PURCHASED THROUGH THE PERFECT GIFT CONCIERGE SERVICE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Although we attempt to ensure the integrity and accurateness of the Site, we make no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.

7. Indemnification

You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms and Conditions of Use or your violation of any law or the rights of a third party.

8. Applicable Law

By visiting our Site or purchasing services and products offered by our Site, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the company and its owners.

9. Disputes

Any dispute relating in any way to your visit to our Site or the purchase of services and products offered by our Site, shall be submitted to confidential arbitration in New York City, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York and you consent to exclusive jurisdiction and venue in such courts.

10. Your Submissions

We welcome the submission of comments, questions, suggestions, and other communications, so long as the content is not illegal, obscene, defamatory, or otherwise objectionable. We reserve the right to remove or edit such content.

Other than what is covered under our Site's Privacy Policy, any comments, questions, suggestions, and other communications you submit shall become, and shall remain, our exclusive property.

11. Modification and Severability

We reserve the right to make changes to our Site, policies, and these Terms and Conditions at any time. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term and condition.

12. Contact Information


If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by the Site, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

Email: customerservice@thatperfectsomethingnyc.com
Address: That Perfect Something®
P.O. Box 23346
Brooklyn, NY 11202
Telephone: 1-800-583-8503

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