Terms of service

DVI GIFTS TERMS OF SERVICE

OVERVIEW

Welcome to DVI Gifts.

DVI Gifts is a brand and online store operated by Dave Ventures Incorporated (“DVI,” “we,” “us,” or “our”). We operate this website and store, including the information, content, features, tools, products, and services made available through it (collectively, the “Services”), to provide our customers with a curated shopping experience.

Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with the policies referenced in them, describe your rights and responsibilities when accessing or using the Services.

Please read these Terms carefully. They contain important information concerning your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use the Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have given consent for your minor dependents to use the Services on devices that you own, purchase, or manage.

When using the Services, including purchasing products, you may be asked to provide information such as your email address, billing information, payment information, and shipping address.

You represent that information you provide is accurate, current, and complete and that you have the right to provide it.

If you create an account, you are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not sell, transfer, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to represent our products accurately, including their appearance, dimensions, colors, materials, and other characteristics.

However, colors and appearance can vary depending on your screen, device settings, manufacturing process, printing method, materials, and natural production variations. Product mockups and digital representations are intended to provide a reasonable representation of the finished product but may not reproduce every detail exactly.

Many DVI Gifts products are produced individually or on demand. Minor variations that are normal to the applicable manufacturing or printing process may therefore occur.

Product descriptions, availability, designs, specifications, and prices may change without notice. We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction when reasonably necessary.

Nothing in this section limits rights or remedies that cannot legally be limited under applicable consumer-protection law.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase products from DVI Gifts. We reserve the right to accept or decline an order when reasonably necessary, including because of product availability, payment problems, suspected fraud, pricing or listing errors, personalization issues, prohibited content, or circumstances preventing us from fulfilling the order.

Payment must be successfully processed before an order proceeds to fulfillment.

Please review your order carefully before submitting it, particularly when purchasing personalized products.

Our standard Shopify cancellation rules provide a limited cancellation window following purchase. If that window has passed, you may still contact us at hello@dvigifts.store. If production has not begun, we will make reasonable efforts to accommodate a requested change or cancellation. Once production has started, changes or cancellations may no longer be possible.

Returns, replacements, and refunds are governed by our Return & Refund Policy.

Products purchased through DVI Gifts are intended for personal or household use unless we expressly agree otherwise.

SECTION 4 — PERSONALIZED AND CUSTOMER-SUBMITTED CONTENT

Certain DVI Gifts products may allow you to provide names, messages, photographs, images, designs, wording, or other content for personalization (“Customer Content”).

You are responsible for reviewing all Customer Content before submitting an order, including names, spelling, dates, messages, images, and other personalized information.

By submitting Customer Content, you represent that you own that content or otherwise have the necessary rights and permissions for us and our production partners to use, reproduce, modify as technically necessary, print, manufacture, and fulfill your requested product.

You retain ownership of your Customer Content. You grant us and the service providers involved in fulfilling your order a limited license to use that content as reasonably necessary to create, process, produce, deliver, support, or resolve issues involving your order.

We reserve the right to decline, cancel, or request modification of personalization containing material that is unlawful; infringes intellectual property, privacy, publicity, or other rights; contains threats or unlawful harassment; promotes hatred or unlawful discrimination; facilitates illegal activity; or otherwise violates our content or production standards.

Our decision to provide personalization tools does not mean that DVI Gifts endorses customer-submitted messages, opinions, images, or other content.

Additional restrictions applicable to personalized products are described in our Return & Refund Policy.

SECTION 5 — PRICES AND BILLING

Prices, discounts, and promotions may change without notice.

The price charged for a product will be the price displayed when the order is placed and reflected in the order confirmation, subject to correction of obvious pricing or listing errors as permitted by law.

Unless expressly stated otherwise, displayed product prices do not include applicable taxes, shipping charges, customs charges, duties, or similar charges.

You agree to provide current, complete, and accurate purchase, billing, payment, and account information.

You represent that you are authorized to use the payment method submitted for an order and agree to pay the applicable charges associated with your purchase.

SECTION 6 — SHIPPING AND DELIVERY

Delivery dates and transit times are estimates rather than guarantees unless we expressly state otherwise.

Orders may be produced and shipped by third-party production and fulfillment partners. Different products within the same order may therefore arrive separately or at different times.

Delivery may occasionally be affected by carrier delays, weather, customs processing, supply disruptions, incorrect or incomplete delivery information, or other circumstances outside our reasonable control.

Although some delivery circumstances are outside our control, we do not believe that means you should be left without help.

If an order appears lost, arrives damaged, is delivered incorrectly, or has another delivery problem, contact us at hello@dvigifts.store. We will review the circumstances and work with you and, when appropriate, our fulfillment or shipping partners toward a reasonable solution.

Additional shipping information is provided in our Shipping Policy.

SECTION 7 — INTELLECTUAL PROPERTY

The Services, including DVI Gifts trademarks, branding, original text, graphics, designs, photographs, videos, audio, product artwork, and the selection and arrangement of such materials, may be owned by Dave Ventures Incorporated, its affiliates, licensors, or other respective rights holders and are protected by applicable intellectual-property laws.

These Terms permit you to use the Services for personal, non-commercial purposes.

Except where otherwise permitted by law or expressly authorized by us, you may not reproduce, distribute, modify, republish, commercially exploit, or create derivative works from DVI-owned materials without prior written permission.

Nothing in these Terms grants you ownership of or a license to DVI Gifts trademarks, branding, copyrighted works, or other intellectual property except as expressly stated.

The names, logos, product names, designs, and slogans belonging to other companies remain the property of their respective owners.

SECTION 8 — OPTIONAL TOOLS

We may provide access to tools or functionality offered by third parties that we do not control.

Unless otherwise expressly stated, such third-party tools are provided on an “as is” and “as available” basis. Your use of third-party tools may also be governed by the terms and policies of the applicable third party.

We may introduce additional tools, resources, or features in the future. Unless otherwise stated, those features will form part of the Services and be subject to these Terms.

SECTION 9 — THIRD-PARTY LINKS

The Services may contain materials, links, or functionality provided or operated by third parties.

We are not responsible for examining or evaluating the accuracy, content, policies, products, or practices of third-party websites or services that you choose to access.

Please review the applicable third party's policies and terms before entering into transactions with them.

Questions or complaints regarding products or services purchased directly from third parties should be directed to the applicable third party.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

DVI Gifts is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with DVI Gifts. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and DVI Gifts, 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 DVI Gifts.

SECTION 11 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our store is powered by Shopify, Shopify processes certain personal information relating to your access to and use of the Services in order to provide its services to us and to you.

Information may also be shared with service providers and fulfillment partners when reasonably necessary to process payments, produce products, fulfill orders, deliver purchases, provide customer service, prevent fraud, operate the Services, or comply with legal obligations.

Please review our Privacy Policy for additional information about how personal information is collected, used, disclosed, and protected.

SECTION 12 — FEEDBACK, REVIEWS, AND SHARED EXPERIENCES

We appreciate customers who choose to share reviews, feedback, suggestions, photographs, stories, or experiences with DVI Gifts.

If you voluntarily submit content for a review, testimonial, social sharing feature, promotional submission, or similar purpose, you represent that you have the rights necessary to provide that content.

Where we request permission to feature a customer's photograph, story, video, or other personal content in DVI Gifts marketing, we may establish additional terms or obtain permission appropriate to that use.

You may not knowingly submit false, misleading, defamatory, unlawful, infringing, abusive, obscene, malicious, or fraudulent content.

We reserve the right to moderate or remove content where appropriate.

Nothing in this section requires us to compensate you for ordinary reviews, suggestions, or feedback unless we have separately agreed to do so.

SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information provided through the Services may contain typographical errors, inaccuracies, or omissions relating to matters such as product descriptions, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct such errors, update information, or cancel an affected order when reasonably necessary and permitted by law.

If we cancel an order after payment because of such an error, we will issue an appropriate refund.

SECTION 14 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations; infringe intellectual-property or other legal rights; engage in fraud or impersonation; transmit malicious software; unlawfully collect information about others; interfere with the security or operation of the Services; engage in unlawful harassment or threats; or use the Services in another manner that is unlawful or materially harmful to DVI Gifts, our customers, Shopify, or third parties.

You may not circumvent technical or security measures intended to protect the Services.

We reserve the right to restrict or terminate access to the Services when we reasonably determine that these Terms have been materially violated.

SECTION 15 — AUTOMATED AGENTS

Automated or semi-automated software accessing or interacting with the Services must comply with applicable technical restrictions, security requirements, and instructions governing automated access.

We may limit or prevent automated access when necessary to protect the Services, customers, infrastructure, intellectual property, or other legitimate interests.

Automated systems may not intentionally conceal their automated nature, circumvent CAPTCHAs or comparable access controls, evade measures designed to limit automated activity, or misrepresent themselves when asked whether an interaction is automated.

SECTION 16 — TERMINATION

We may suspend or terminate access to some or all of the Services where reasonably necessary, including because of violations of these Terms, suspected fraud, unlawful activity, security risks, or misuse of the Services.

Obligations and provisions that by their nature should survive termination—including provisions concerning intellectual property, liability, indemnification, privacy, and amounts owed—will continue to apply as appropriate.

SECTION 17 — DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DO NOT GUARANTEE THAT ACCESS TO THE WEBSITE OR SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT WARRANTIES, REMEDIES, OR CONSUMER RIGHTS THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED.

SECTION 18 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVE VENTURES INCORPORATED, DVI GIFTS, AND THEIR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

NOTHING IN THESE TERMS LIMITS LIABILITY OR CUSTOMER RIGHTS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

SECTION 19 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Dave Ventures Incorporated, DVI Gifts, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable costs arising from your material breach of these Terms, your unlawful use of the Services, or your violation of the legal rights of another person.

SECTION 20 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law or severed to the minimum extent necessary.

The remaining provisions will continue in effect.

SECTION 21 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules incorporated into them, constitute the agreement governing your use of the Services and supersede prior communications or proposals relating to that use.

SECTION 22 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent except where applicable law provides otherwise.

We may assign or transfer our rights and obligations in connection with a reorganization, merger, acquisition, sale of assets, corporate restructuring, or other lawful business transaction.

SECTION 23 — GOVERNING LAW

These Terms and any separate agreements through which we provide the Services will be governed by applicable law.

For matters in which the parties may validly agree to governing law and jurisdiction, these Terms will be governed by the laws applicable to Dave Ventures Incorporated's United States business operations in Utah, without depriving consumers of mandatory protections available under the laws of their jurisdiction.

To the extent permitted by applicable law, disputes relating to these Terms or the Services will be brought in a court of competent jurisdiction in Utah.