Last updated: March 1, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.filledeasterbaskets.shop website and the Filled Easter Baskets mobile application (the “Service”) operated by Filled Easter Baskets (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Filled Easter Baskets and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Filled Easter Baskets.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Filled Easter Baskets.
Filled Easter Baskets has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Filled Easter Baskets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
Limitation Of Liability
In no event shall Filled Easter Baskets, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Filled Easter Baskets its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at: [email protected]
E-Commerce Terms
The following additional terms apply when you purchase products or services from the Service:
Pricing
Product pricing: Prices for products offered for sale on the Service are displayed on the website. All prices are in U.S. dollars and do not include taxes unless otherwise noted. We make all efforts to display pricing and product information accurately on the website. Despite our efforts, a small number of items may be mispriced. We shall not be liable for any pricing errors on the website.
Shipping costs: Shipping costs will be calculated and displayed at checkout based on your shipping destination, carrier, and delivery speed selections. All orders will be shipped from our warehouse in the United States. Any customs fees or duties that may apply to international orders are not included in shipping costs.
Promotional offers: Filled Easter Baskets may offer promotional discounts on purchases from the Service. To the extent permitted by law, promotional offers cannot be combined or applied retroactively unless expressly stated in the offer. We reserve the right to terminate any promotional offer at any time. Limit one promotional offer per customer unless otherwise stated.
Payment
We accept the following payment methods on the Service:
- Credit and debit cards: Visa, MasterCard, American Express, Discover
- PayPal: Instant checkout using your PayPal account
- Gift cards or store credit: Redeemable for purchases on the Service
When placing an order, you must provide a valid credit card, debit card, or other accepted payment method. For purchases via credit card, the cardholder’s name, billing address, and shipping address must match the information provided at checkout.
By submitting your payment information, you represent and warrant that you have the legal right to use the payment method specified and that you will not hold our company liable for any fees related to the inaccurate entry of payment details.
We use third-party payment processing services to process payments made through the Service. If your payment fails during processing, you will receive a notice with details regarding the failure and steps required to resolve the issue.
Order Process
Order acceptance: All orders for products placed through the Service constitute an offer to purchase those products from us. We may, at our sole discretion, choose to accept or reject your order for any reason. Acceptance of your order and the formation of a contract of sale will not occur until you receive confirmation from us that your order has shipped or the ordered product has been made available for download.
Order availability: We make all efforts to maintain accurate product inventory on the website. Despite our efforts, items displayed on the website may not be available or may have different availability than displayed. We reserve the right, without prior notice, to limit order quantities on any products or services and to reject all or part of an order for any reason.
Cancellations and changes: Unshipped orders may be cancelled or changed at any time before shipment. Once an order has shipped, please return the product in accordance with our returns policy.
Delivery
Shipments: We will arrange for shipment of your order to the shipping address you provide at checkout. Please ensure that your shipping address is correct before completing your order. All shipments are made using third-party carriers. You will receive a shipment confirmation email with your tracking number when your order has shipped.
Delivery times: Delivery timeframes displayed at checkout are estimates only and are not guaranteed. We are not liable for any delays in shipment, inaccurate delivery estimates, or failure to deliver products within the estimated timeframes.
Inspection on delivery: Please inspect all packages upon delivery. If you discover any concealed damage or note any discrepancy in your order, contact our customer service team within 3 days of delivery with details of the damage or discrepancy for investigation.
Risk of loss: Risk of loss and ownership of products passes to you when we transfer the products to our carrier. If your order never arrives due to loss in transit, we will work with you to investigate and if necessary, file a claim with the carrier and arrange for a replacement shipment.
Returns
Return policy: We want you to be fully satisfied with every purchase from our store. If you are not satisfied with your purchase, you may return most products in new condition within 30 days of delivery for a full refund to the original payment method. Custom, engraved, personalized, or made-to-order products are non-refundable.
Return procedure: To initiate a return, please contact our customer service team to request a Return Merchandise Authorization (RMA) number. Write the RMA number on the outside of your package. Send the products back in new, resalable condition to the address provided along with your order number and reason for return. Refunds or store credit will be issued within approximately 1 week of receipt and inspection of the return. You will be notified if the return request is rejected.
Original shipping costs: Shipping costs are non-refundable unless the return is due to a delivery error or product defect.
Damaged items: Please inspect all packages upon delivery. If you discover any concealed damage or note any discrepancy in your order, save all packaging materials and contact us within 3 days of delivery so that we can investigate.
Lost shipments: If your tracking shows no delivery within the estimated time period, please reach out so that we may arrange for an investigation with the carrier.
Restocking fee: No restocking fees apply for timely returns due to non-fit or defects. A 15% restocking fee applies to late returns or returns of non-defective items for other reasons.
Product Warranties
Warranty coverage: Filled Easter Baskets guarantees the quality of products sold on our store. If you experience an issue with the materials or workmanship of a product within the warranty period, we will replace or repair the product at our discretion.
Warranty period: Warranty coverage extends for 1 year from the date of purchase for manufacturing defects and 6 months for product damage during normal usage. Proof of purchase is required for all warranty claims.
Exclusions: This warranty does not cover damage due to abuse, misuse, alteration, accident, theft, exposure to extreme heat or cold, or normal wear and tear.
Warranty claims: To obtain warranty service, please contact our customer service team to troubleshoot the issue and if needed, obtain a Return Merchandise Authorization (RMA) number. Send the product back to the address provided in accordance with the returns policy along with your order number, detailed explanation of defects, and proof of purchase.
Disclaimer: This limited warranty contains the sole warranty related to products sold by Filled Easter Baskets. We disclaim any other warranties of merchantability, satisfactory quality, non-infringement, or fitness for a particular purpose to the fullest extent permitted by law. Our liability for breach of this warranty shall be limited to replacement or refund of the purchase price.
Account Registration
You have the option to register for an account on the Service. Registration may require you to submit personal information such as your name and email address. You agree to provide accurate, current, and complete account information during the registration process and to promptly update your account to keep it accurate, current, and complete.
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
You are responsible for safeguarding your username and password from unauthorized access. Do not disclose your account credentials to any third party. You must immediately notify us if you become aware that your account has been compromised.
Accounts may only be registered by the individual who will be utilizing the account. We do not permit registration of accounts on behalf of anonymous or other third parties.
User Content
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on our website (“User Content”), you must ensure that the User Content provided is true, accurate, up to date and complete.
We do not own, control or endorse any User Content that is transmitted, stored or processed via the Service. We also do not control or guarantee the accuracy, integrity or quality of any User Content. You understand that by using the Service, you may be exposed to User Content that is inaccurate, misleading, offensive, indecent or objectionable.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any User Content. Nonetheless, we reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, as determined in our sole discretion.
User Content License
When you upload or post User Content as permitted by these Terms, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of (including translations), publicly display, publicly perform, and publish your User Content in connection with operating and providing the Service and Content to you and to other users.
You are responsible for complying with all local laws applicable to any User Content you provide, including without limitation regarding online conduct and acceptable content. You warrant that you have all necessary rights and licenses to provide the User Content and are solely responsible for any User Content you upload, download or otherwise provide.
Community Guidelines
The following behaviors are strictly prohibited in the Service:
- Illegal Activities: including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, hacking, email scams, copyright infringement, patent infringement, or theft of trade secrets;
- Harm to Minors: including but not limited to activities involving child exploitation, child pornography, or harm to minors in any way;
- Threats of Harm: threats of physical harm against an individual or group of people;
- Harassment or Cyberbullying: including but not limited to personal attacks, hate speech, offensive language targeted at an individual or group;
- Impersonation: including but not limited to pretending to be someone else or representing yourself under a false identity;
- Misrepresentation: including but not limited to deceptive claims, fraud, deception, or false advertising;
- Regulated Products or Services: including but not limited to sale of firearms, alcohol, illegal drugs, pharmaceuticals, counterfeit products, circumvention devices, or other regulated goods;
- Disclosing Private Information: including but not limited to disclosing another person’s address, phone number, name, email address, passwords, or confidential financial information;
- Malware or Harmful Code: including but not limited to viruses, trojan horses, worms, time bombs, corrupted data, or other computer programming routines that are intended to damage, interfere with, intercept data from, or disrupt our Service;
- Incentives for Engagement: including but not limited to offering rewards, points, donations, or other incentives in exchange for User Content or any other engagement with the Service.
You also agree to refrain from soliciting any unauthorized commercial activities and any activity that violates the privacy of others on or through the Service. Any violation of these community guidelines may result in a ban from the Service.
Copyright Infringement Notice
If you believe that any content on our Service infringes your copyright rights, please notify us in accordance with the Digital Millennium Copyright Act (DMCA). Our designated agent under the DMCA is:
DMCA Agent
Filled Easter Baskets
123 Main Street
Anytown, USA 12345
Please provide the following details along with your notice:
- Identify the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by your notice, you may provide a representative list.
- Identify the material that you claim is infringing, including a description of where it is located on our Service. Your description must be reasonably sufficient to enable us to locate the material.
- Provide your contact information including name, address, telephone number, and email address.
- Provide a signed statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Provide a statement confirming under penalty of perjury that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Provide your electronic or physical signature.
We will promptly notify you after receiving your counter-notice so that you may repost the removed content at issue.
Mobile Application License
Application access: If you are accessing the Service via our mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
License restrictions: You shall not:
- Modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the mobile application;
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) on the mobile application;
- Use the mobile application in any manner or for any purpose other than access and use for personal, noncommercial purposes as permitted by these Terms.
Disclaimers
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Filled Easter Baskets its subsidiaries, affiliates, and licensors do not represent or warrant that (a) the Service will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free; (b) the Service will be secure or free from bugs, viruses, vulnerabilities, hacking or other security intrusions; and (c) any product descriptions or content will be accurate, error-free, complete, current, or reliable.
Statements regarding products and services offered on the Service have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease. Please consult with your own physician regarding any recommendations or suggestions made in the Service.
The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Revisions to Terms
We reserve the right to revise these Terms at any time by updating this page. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.
Continued use of the Service after any such changes shall constitute your consent to be bound by the revised Terms. If you do not agree to the new Terms, please discontinue your use of the Service.
Contact Us
If you have any questions about these Terms, please contact us at: