TERMS AND CONDITIONS OF USE

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.  Our Website is provided to you subject to your compliance with these terms and conditions of use (“Terms and Conditions”). These Terms and Conditions apply to Our Website. By accessing or using Our Website you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access or use Our Website. MARCIA GIFTS AND NOVELTIES reserves the right to change these Terms and Conditions at any time and your continued access to or use of Our Website after such changes indicates your acceptance of these Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MARCIA GIFTS AND NOVELTIES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MARCIA GIFTS AND NOVELTIES MAKES NO REPRESENTATIONS, CONDITIONS, INDEMNITIES OR WARRANTIES OR GUARNTEE OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

MARCIA GIFTS AND NOVELTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MARCIA GIFTS AND NOVELTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. OUR AGGREGATE LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU.

Payment Terms.  Payment shall be due and payable at the time you submit your order. Orders will not be shipped unless payment or confirmation of payment is received in advance. You represent and warrant that if you are purchasing something from us or from our Merchants that (1) any credit card or PayPal information you supply is true, correct and complete, (2) charges incurred by you will be honored by your credit card company, and (3) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. We ONLY accept payments through the secure and reliable PayPal only. Credit cards accepted: MasterCard, Visa, Discover and American Express

Returns, Credits and Risk of Loss.  For any merchandise which is defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise, we will elect to either repair, replace, or refund the purchase price. When making such a claim, you must submit both the original packing slip with the original labels affixed and the defective merchandise itself, unless these conditions are waived by us in writing. Returns must include the name of the original purchaser. Food, candy items, costumes and PERSONALIZED ITEMS ARE NON-REFUNDABLE. Refunds will exclude shipping and handling fees. Please call customer service at 888-435-6267 to initiate an exchange or credit. If you prefer, you may email: support@marciagiftsnow.com. Customer service must authorize refunds and returns in advance. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof. At our discretion, we may charge a restocking fee, not to exceed twenty-five percent (25%) for returned merchandise. You bear all risk of loss from the time the merchandise is loaded onto common carrier to be shipped to you, regardless of whether you pay freight.

Acceptance and Delivery of Orders.  By starting an account, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by MARCIA GIFTS AND NOVELTIES in its sole discretion. If your account has been revoked, MARCIA GIFTS AND NOVELTIES reserves the right to refuse any future orders. Any additional or different terms proposed by you in any manner are expressly rejected. We use the most efficient carrier for your area. Shipping and handling times are approximate and not guaranteed. We will not be responsible for any delay in performance beyond our reasonable control or beyond the control of our suppliers. Rates are subject to change. Please use you street address for shipping and allow 2-6 weeks for shipping. Next Day Delivery and Express Shipping are not available.

Product Descriptions.  We will periodically add, change, modify and update this website, including without limitation these Terms of Use and the privacy policies. We try to be as accurate as possible, but we make no warranties or representations that (a) the content, including product descriptions, prices and depictions, are accurate, complete, reliable, current or error-free, (b) any merchandise has any particular approvals, certifications, characteristics, uses, ingredients, or benefits, or (c) any merchandise is of or meets any particular standard, certification, quality or grade. We assume no liability with respect to any of the forgoing. If a product you purchased is not as described or expected, your sole remedy is to return it in unused condition.

Links to Other Web Sites.  The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.