Terms and Conditions
Last Updated: 20-February-2025
Welcome to Gifted. These Terms & Conditions ("Terms") govern your use of our services, websites, applications, and concierge offerings. By accessing or using Gifted, you agree to be bound by these Terms. If you do not agree, please refrain from using our services.
1. Introduction
1.1 Agreement to Terms
These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("customer," "user") and Gifted ("Company," "we," "us," "our"). By accessing, purchasing from, or using any of Gifted’s services, platforms, or concierge offerings, you confirm that you have read, understood, and agreed to these Terms. If you do not accept these Terms in full, you must discontinue using our services immediately. These Terms apply to all users, including but not limited to customers, visitors, vendors, and business partners engaging with Gifted.
1.2 Scope of Services
Gifted is a premium luxury concierge and gifting service that provides access to personalized gifts, exclusive experiences, and high-end event planning. Our offerings include but are not limited to personalized gifting, such as custom-curated floral arrangements, fine chocolates, luxury jewelry, and bespoke keepsakes. We offer exclusive experiences, including private chef services, yacht charters, curated getaways, and VIP entertainment. Our luxury event coordination services include end-to-end planning for premium occasions such as anniversaries, engagements, and private gatherings. We also provide subscription gifting services featuring AI-powered reminders, scheduled gifts, and curated selections tailored to customer preferences. Gifted works with third-party vendors, service providers, and logistical partners to deliver these services. While we maintain high-quality standards, fulfillment and execution may be subject to vendor policies and availability.
1.3 Applicability
These Terms apply to customers engaging with Gifted’s concierge and gifting services, visitors accessing begifted.ai and affiliated applications, and vendors or third-party partners supplying goods, services, or experiences as part of Gifted’s offerings. Use of Gifted’s services signifies acceptance of these Terms, which govern all transactions, engagements, and interactions within the Gifted ecosystem.
1.4 Amendments & Updates
Gifted reserves the right to modify, update, or revise these Terms at any time to reflect changes in legal requirements, business operations, or service offerings. Any modifications will be communicated through our website or direct client notifications. Continued use of Gifted’s services after any amendments constitutes acceptance of the updated Terms. Customers are encouraged to review these Terms periodically.
2. Services
2.1 Description of Services
Gifted offers a range of luxury concierge services designed to provide effortless, high-quality gifting and experiences. These services include but are not limited to personalized gifting, which features custom-curated gifts such as floral arrangements, high-end chocolates, fine jewelry, and bespoke keepsakes. Exclusive experiences include private dining with world-class chefs, yacht charters, curated romantic getaways, and VIP entertainment packages. Luxury event coordination covers premium celebrations, including anniversaries, engagements, and private gatherings, managed end-to-end. Annual subscription plans provide AI-powered reminders and automated gifting solutions tailored to special occasions, with exclusive discounts and priority access to high-demand services.
2.2 Availability & Service Limitations
Gifted’s offerings are subject to availability and may change without prior notice. Certain high-demand or seasonal products and experiences may have limited availability. Gifted primarily operates in Dubai and the GCC region, with future expansions planned. Availability outside these regions is subject to feasibility and logistical constraints. Certain services, including fine dining that includes alcohol or international travel packages, may have age restrictions or require valid government-issued identification.
2.3 Third-Party Vendor Policies & Liability
Gifted collaborates with a network of third-party vendors to deliver high-quality products and experiences. While we enforce strict quality control measures, vendors remain solely responsible for the fulfillment, delivery, and execution of their services. Gifted is not liable for vendor delays, service failures, or product quality issues. Customers must resolve disputes regarding product defects, service dissatisfaction, or fulfillment issues directly with the vendor. Each vendor maintains independent cancellation, refund, and modification policies, which apply to all orders fulfilled by them. Customers are responsible for reviewing these terms before confirming purchases.
2.4 Order Substitutions & Availability Adjustments
If a vendor is unable to fulfill an order due to availability constraints, Gifted reserves the right to offer a comparable product or service of equal or greater value. Customers will be notified of any significant modifications before fulfillment. If no suitable alternative is available, the vendor’s cancellation and refund policy will apply. Custom, rare, or perishable items such as limited-edition gifts, engraved jewelry, or floral arrangements may not be eligible for substitution or refund.
2.5 Force Majeure
Gifted is not responsible for delays, modifications, or cancellations due to force majeure events beyond its reasonable control. These events include but are not limited to natural disasters such as earthquakes, floods, and hurricanes, government-imposed restrictions, legal changes, sanctions, or trade limitations affecting vendor operations, political instability or civil unrest that disrupts service fulfillment, vendor supply chain disruptions leading to service delays or order unavailability, and public health crises, including pandemics, lockdowns, or travel restrictions.
2.6 Customer Acknowledgment of Risk
By engaging with Gifted, customers acknowledge that force majeure events may impact service fulfillment. Refunds, cancellations, and rescheduling options are subject to vendor policies, and Gifted does not guarantee financial compensation for disruptions caused by such events. Gifted will make reasonable efforts to offer alternative arrangements where possible.
3. Customer Obligations
3.1 Accuracy of Information
Customers are responsible for providing accurate and complete details when placing an order, including recipient name, contact information, and delivery address, preferred delivery dates and times, and customization requests or special handling instructions. Gifted is not responsible for failed deliveries or service disruptions caused by inaccurate, incomplete, or outdated customer-provided information. If an incorrect address or recipient details are provided, additional redelivery fees may apply.
3.2 Payment & Financial Responsibility
All payments must be made in full at the time of order confirmation unless otherwise agreed. Accepted payment methods include credit and debit cards, digital wallets, and online banking transfers. Customers are responsible for any transaction fees, foreign exchange fees, or additional charges that may apply. Orders are only confirmed upon successful payment processing. Failed transactions or declined payments will result in automatic order cancellation.
3.3 Order Modifications & Cancellations
Customers may request modifications or cancellations within the allowed modification window. Requests must be submitted in writing via email to Gifted’s customer service team. Modification requests are subject to vendor approval and feasibility. Some items, such as custom-made products or perishable gifts, may not be eligible for modifications once confirmed.
For more details on the policy, Please refer to section 5.5 Refunds & Cancellations.
3.4 Use of Services in Compliance with Laws
Customers must use Gifted’s services in compliance with all applicable laws, regulations, and ethical guidelines. Customers must adhere to local regulations governing gifting, hospitality, and event services in Dubai and the GCC region. Anti-bribery and ethical gifting policies must be followed to ensure gifts are used for personal gestures and not for undue influence in business dealings. Data protection laws must be upheld, ensuring that recipient information is not misused for unsolicited contact or harassment. Gifted reserves the right to reject any order that appears to violate legal or ethical standards.
3.5 Delivery & Client Cooperation
3.5.1 Customer Presence & Accessibility
If an experience or gift requires in-person receipt or participation, the customer must ensure that the recipient is available at the scheduled time. If the recipient is unavailable, redelivery or rescheduling fees may apply.
3.5.2 Secure Delivery Locations
Customers must provide a safe and accessible delivery location. If a delivery attempt fails due to security restrictions (e.g., gated communities, hotel policies), the customer must coordinate access or arrange an alternative pickup location.
3.5.3 Special Delivery Requests
Any special handling requests, such as discreet delivery, concierge drop-off, or personalized gift wrapping, must be specified at the time of booking. Gifted is not liable for delivery failures caused by incorrect addresses, restricted locations, or unresponsive recipients.
3.6 Respect for Vendors & Event Conduct
Customers and recipients must treat Gifted’s vendors, delivery personnel, and event staff with professionalism and respect. Any form of abuse, harassment, or unreasonable demands toward vendors or staff may result in order cancellation without refund, permanent suspension from using Gifted’s services, and legal action if necessary. Customers are also responsible for the behavior of their guests at any Gifted-organized event.
3.7 Refund & Dispute Resolution
3.7.1 Vendor-Managed Resolutions
Refunds, complaints, and dispute resolutions related to vendor-provided products and services will initially be handled by the vendor. Customers must contact Gifted’s support team, which will coordinate with the vendor on their behalf.
3.7.2 Escalation Process
If the vendor fails to resolve the issue satisfactorily, customers may escalate the complaint to Gifted’s dispute resolution team. Gifted will review the case and determine an appropriate resolution, which may include partial refunds, store credit, or vendor replacement.
3.7.3 Exclusions from Refunds
Personalized, custom, or perishable items are non-refundable. Refunds will not be issued for minor dissatisfaction related to personal taste preferences, such as dissatisfaction with floral arrangements, food selection, or packaging. No refunds will be provided for force majeure cancellations unless explicitly stated in vendor policies.
3.8 Acknowledgment & Agreement
By using Gifted’s services, customers confirm that they have read and agreed to these Terms & Conditions, accept responsibility for providing accurate information, timely communication, and legal compliance, and acknowledge that Gifted acts as a facilitator, and vendor policies will apply where relevant. Failure to adhere to these obligations may result in order cancellation, refusal of service, and legal liability for misuse of Gifted’s services.
4. Third-Party Vendors & Service Providers
4.1 Vendor Partnerships & Role of Gifted
Gifted collaborates with third-party vendors to offer a curated selection of premium gifts and luxury experiences. Vendors may include florists and gift suppliers offering floral arrangements, chocolates, jewelry, and personalized items, private chefs and hospitality partners specializing in fine dining and catering experiences, luxury experience providers offering yacht rentals, private concerts, and exclusive hotel stays, and event planners and logistics partners coordinating high-end experiences. Gifted acts as a facilitator between customers and vendors but does not manufacture or directly provide the products or services listed on its platform. While we enforce strict quality control measures, vendors are ultimately responsible for fulfilling orders and delivering services as advertised.
4.2 Vendor Responsibilities & Liability
Vendors are responsible for ensuring that all products and services meet the highest quality standards and comply with applicable regulations. Vendors must adhere to their agreed-upon service commitments, including timely order fulfillment, accurate product descriptions, and adherence to scheduled event timelines. Any service failure, misrepresentation, or deviation from agreed-upon standards is the vendor’s responsibility.
Gifted is not liable for vendor-related issues, including but not limited to late deliveries, service cancellations, product defects, and quality discrepancies. Disputes regarding vendor-provided products or experiences must be handled directly with the vendor. Vendor-specific refund, cancellation, and modification policies will apply to all purchases fulfilled by third-party providers.
4.3 Customer Acknowledgment of Vendor Terms
By placing an order through Gifted, customers acknowledge that some products and experiences are fulfilled by third-party vendors and are subject to their independent terms and conditions. Customers agree that vendor policies regarding refunds, modifications, service availability, and liability will apply to their purchases.
4.4 Vendor Performance & Gifted’s Role in Resolutions
While Gifted facilitates communication between customers and vendors, we do not guarantee vendor performance. In the event of a dispute, Gifted will assist in coordinating resolutions but is not responsible for enforcing vendor policies. If a vendor is found to be in violation of their service commitments, Gifted reserves the right to take corrective actions, including vendor suspension or termination from our platform.
4.5 Substitutions & Service Adjustments
If a vendor is unable to fulfill an order due to product unavailability or logistical constraints, Gifted reserves the right to offer a comparable alternative of equal or greater value. Customers will be notified in advance of any significant modifications to their order. If no suitable replacement is available, the vendor’s cancellation and refund policy will apply. Custom, limited-edition, or perishable items may not be eligible for substitutions or refunds once an order has been confirmed.
4.6 Vendor Insolvency & Business Closure
If a vendor ceases operations or becomes insolvent before fulfilling an order, Gifted will make reasonable efforts to secure an alternative provider or issue a refund in accordance with the vendor’s policies. Gifted is not responsible for financial losses resulting from vendor insolvency.
4.7 Time Limits for Filing Vendor-Related Disputes
Customers must report any vendor-related dispute within 24 hours of order fulfillment or event completion. Late claims may not be eligible for refunds, modifications, or service adjustments. Exceptions may be made in cases where the vendor has engaged in fraudulent activity or failed to provide the purchased product or experience.
4.8 Non-Refundable Vendor Services & Experiences
Certain vendor-provided services and experiences are non-refundable and non-modifiable once confirmed. These include personalized and custom-made gifts such as engraved jewelry or bespoke designs, perishable items such as fresh flowers and gourmet foods, and pre-booked luxury experiences such as private dining, travel accommodations, or exclusive event reservations. If an order delay occurs due to vendor-related factors, Gifted will provide timely updates, but compensation is not guaranteed.
4.9 Customer Agreement
By placing an order with Gifted, the customer acknowledges that some orders are fulfilled by third-party vendors, vendor policies regarding refunds, modifications, and service availability may differ from Gifted’s general policies, and Gifted is not responsible for differences between vendor policies and customer expectations.
5. Payments & Fees
5.1 Payment Methods
Gifted accepts the following payment methods:
- Credit and Debit Cards: Visa, MasterCard, and American Express.
- Digital Wallets: Apple Pay, Google Pay, and other mobile payment platforms.
- Bank Transfers: Available for high-value transactions and corporate orders, subject to verification and processing time.
- Gifted Store Credit: Store credit issued for refunds, promotional offers, or goodwill adjustments.
Payment must be made in full at the time of purchase unless otherwise specified.
5.2 Pricing & Currency
Prices are displayed in United Arab Emirates Dirhams (AED) unless otherwise stated. International customers are responsible for any currency conversion costs and bank-imposed fees. Exchange rates for international payments are determined by the customer’s bank or payment provider and may vary. Gifted reserves the right to update prices at any time before an order is confirmed.
5.3 Order Confirmation & Payment Processing
Orders are confirmed only after successful payment processing. Customers will receive an electronic receipt via email upon confirmation. If a payment attempt fails, the order will not be processed, and the customer must provide an alternative payment method. Gifted is not responsible for order delays caused by insufficient funds, incorrect payment details, or third-party payment processing errors.
5.4 Transaction Security & Fraud Prevention
To ensure secure transactions, all payments are processed through PCI-DSS compliant payment gateways with industry-standard encryption. Gifted does not store customer credit card information. Transactions flagged for potential fraud may be subject to additional identity verification before processing. Gifted reserves the right to cancel any order if fraudulent activity is suspected.
5.5 Refunds & Cancellations
Refund eligibility is determined based on the type of order and vendor-specific policies.
5.5.1 Refund Eligibility
Refunds will be issued to the original payment method within 14 business days of approval. Non-refundable deposits, transaction fees, or administrative charges may be deducted from the refund amount.
5.5.2 Force Majeure & Refund Limitations
Refunds due to force majeure events, such as weather-related cancellations, supply chain disruptions, or government restrictions, are subject to vendor policies. Gifted does not guarantee full refunds for such events.
5.6 Chargebacks & Payment Disputes
A chargeback occurs when a customer disputes a transaction with their bank or payment provider.
5.6.1 Unauthorized Chargebacks
If a chargeback is filed for an order that was successfully delivered, Gifted reserves the right to contest the claim by providing evidence of order fulfillment. Customers who engage in fraudulent chargebacks may have their accounts suspended or permanently restricted from using Gifted’s services.
5.6.2 Valid Disputes
If a customer believes they were charged in error, they should contact Gifted support before filing a chargeback. Gifted will review the claim, and if a refund is warranted, process it directly. If a chargeback is filed before contacting Gifted, the customer may not be eligible for future refunds or store credit.
5.7 Service Fees & Additional Charges
Gifted may apply non-refundable service fees to cover processing, administrative, and customization costs.
5.7.1 Types of Fees
- Convenience Fees: Applied to orders requiring expedited processing.
- Customization Fees: Charged for engraving, personalization, and bespoke packaging.
- Event Coordination Fees: Applied to premium concierge services requiring extensive planning.
- Redelivery Fees: If an order requires a second delivery attempt due to recipient unavailability, an additional fee may apply.
- Cancellation Fees: Orders canceled after the allowed modification window may be subject to cancellation charges.
5.7.2 Fee Transparency
All applicable fees will be clearly displayed before checkout. By completing a transaction, the customer agrees to pay all applicable service fees.
5.8 Taxes & Compliance
Prices may be subject to VAT, customs duties, or import taxes as required by local regulations. Customers purchasing outside the UAE are responsible for any additional charges imposed by their local tax authorities. Gifted will issue tax invoices where required by law.
5.9 Non-Payment & Order Cancellation by Gifted
Gifted reserves the right to cancel an order if:
- Payment fails due to insufficient funds or declined transactions.
- Fraudulent or unauthorized activity is suspected.
- The customer fails to complete payment verification (if requested).
- The service or product becomes unavailable before order confirmation.
If an order is canceled by Gifted, a refund will be issued at Gifted’s discretion.
5.10 Store Credit & Promotional Vouchers
Gifted may issue store credit or promotional vouchers under specific conditions.
5.10.1 Store Credit
- Store credit can only be redeemed for future purchases on Gifted.
- Store credit is non-transferable and cannot be exchanged for cash.
- Store credit does not expire unless otherwise stated.
5.10.2 Promotional Vouchers
- Vouchers may be subject to expiration dates, minimum purchase requirements, and usage restrictions.
- Vouchers cannot be combined with other promotions unless explicitly stated.
- Promotional vouchers cannot be exchanged for cash or transferred to another account.
5.11 Customer Agreement
By making a payment to Gifted, the customer agrees that:
- They authorize Gifted to charge their selected payment method for the full transaction amount.
- They understand that all payments are final and subject to Gifted’s refund and cancellation policies.
- They agree to resolve any payment disputes directly with Gifted’s support team before initiating a chargeback.
6. Order Fulfillment & Delivery
6.1 Order Processing & Fulfillment
Orders are processed only after successful payment confirmation and are subject to product and service availability. Processing times vary based on the nature of the order. Standard gift orders are processed within [X] business days, customized or made-to-order items have processing times displayed at checkout, and luxury experiences and event-based services depend on vendor availability and will be confirmed upon booking. Orders placed on weekends or public holidays will be processed on the next business day.
Gifted reserves the right to cancel or delay an order due to unforeseen circumstances, including vendor unavailability, operational disruptions, or supply chain issues.
6.2 Delivery Timelines & Shipping Methods
6.2.1 Estimated Delivery Times
Delivery times vary depending on product type, vendor location, and delivery destination. Estimated delivery windows are provided at checkout but are not guaranteed, as fulfillment depends on vendor schedules and logistics constraints.
6.2.2 Delivery Methods
- Standard Delivery: Applies to most orders and follows standard shipping timelines.
- Same-Day & Express Delivery: Available for select products and locations, subject to additional charges.
- Scheduled Delivery for Events & Luxury Experiences: Customers may select a preferred delivery date and time, subject to vendor availability.
While Gifted strives to ensure timely delivery, external factors such as weather conditions, customs clearance, and courier delays may impact delivery timelines.
6.3 Special Handling & Custom Delivery Requests
Customers may request special handling or delivery instructions (e.g., discreet packaging, concierge drop-off). These requests must be specified at checkout and are subject to approval. For high-value orders, additional security measures (e.g., signature verification) may be required. Gifted reserves the right to decline special requests that compromise delivery efficiency or logistical feasibility.
6.4 Delivery Address Accuracy & Customer Responsibility
Customers are responsible for providing accurate and complete delivery details, including recipient name, contact number, and full address. Gifted is not responsible for failed or delayed deliveries due to incorrect, incomplete, or outdated address information. If an incorrect address is provided, the customer may be required to pay a redelivery fee or retrieve the order from a designated location. If a delivery attempt fails due to restricted access (e.g., gated communities, hotel policies, corporate buildings), the customer must arrange access or an alternate delivery method.
6.5 Delivery Attempt Failures & Redelivery
6.5.1 If the Recipient is Unavailable
If the recipient is unavailable at the time of delivery, Gifted may attempt redelivery at an additional cost, leave the package in a secure, designated location (if permitted by the customer), or require the recipient to pick up the order from a designated collection point.
6.5.2 Orders Requiring Signature or In-Person Handover
Some high-value or perishable items may require signature upon delivery. If delivery fails due to recipient unavailability, Gifted will attempt redelivery once before canceling the order. Customers are responsible for ensuring timely pickup or acceptance of deliveries.
6.6 Luxury Experiences & Event-Based Services
6.6.1 Scheduling & Confirmation
Customers must confirm the date, time, and location of any scheduled experience at the time of booking. Changes to the booking schedule must be requested within the allowed modification window.
6.6.2 Vendor Coordination & Arrival Time
Vendors providing luxury experiences (e.g., private chefs, yacht rentals) operate on strict schedules. Customers must arrive on time for scheduled experiences; late arrivals may result in reduced service duration or cancellation without refund.
6.6.3 Force Majeure & Service Disruptions
If an experience is disrupted due to factors beyond Gifted’s control (e.g., severe weather, government restrictions), the booking will be rescheduled at no extra charge. Refunds for force majeure events are subject to vendor policies.
6.7 International & Restricted Deliveries
Some products may be subject to import restrictions, customs duties, or delivery limitations based on local regulations. Customers are responsible for ensuring their orders comply with their destination country’s import laws. If an international order is delayed or rejected by customs, Gifted will assist in resolving the issue but is not responsible for customs-related fees or rejections.
6.8 Non-Delivery & Lost Packages
6.8.1 Reporting a Lost or Undelivered Order
If an order is not delivered within the estimated timeframe, the customer must report the issue within 48 hours of the expected delivery date. Gifted will investigate and provide a resolution within a reasonable timeframe.
6.8.2 Resolution Process
If an order is confirmed lost, Gifted may issue a replacement at no additional charge, offer a full refund if the product is no longer available, or provide store credit for future purchases.
6.8.3 Limitations on Compensation
Gifted is not responsible for losses due to incorrect delivery details provided by the customer. Compensation for lost packages is subject to courier and vendor policies.
6.9 Return Policy & Handling of Perishable/Custom Orders
6.9.1 Eligibility for Returns
Returns are only accepted for eligible products, as outlined in vendor-specific policies. Perishable goods, personalized items, and digital services are non-returnable.
6.9.2 Return Process
Customers must initiate return requests within 24 hours of order receipt. Returns must be in original condition, with all packaging intact. The customer may be responsible for return shipping fees, depending on the product category.
6.9.3 Refunds for Returned Items
Once a return is received and inspected, Gifted will process a refund or exchange based on vendor policy. Refunds will be issued to the original payment method within 14 business days.
6.10 Customer Agreement
By placing an order with Gifted, the customer acknowledges and agrees that:
- Delivery timelines are estimates and not guaranteed, as fulfillment depends on vendor and courier schedules.
- Customers are responsible for providing accurate delivery information and ensuring recipient availability.
- Luxury experiences and event bookings require adherence to scheduled times and cannot always be rescheduled.
- Non-delivery claims must be reported within 48 hours of the estimated delivery date.
- Return requests must comply with vendor policies and eligibility criteria.
7. Customer Support & Dispute Resolution
7.1 Customer Support Availability
Gifted provides customer support for inquiries related to orders, delivery, and service execution.
- Working Hours: Support is available Monday through Friday from 9:00 AM to 5:00 PM (Dubai time), excluding public holidays.
- Sales Inquiries: Prospective customers must submit a callback request or schedule a consultation. Direct phone support is not available for sales inquiries.
- Paid Customer Support: Only existing paid customers have access to Gifted’s direct phone number and WhatsApp support.
- Concierge Support: Premium customers are assigned a dedicated concierge team for priority service and assistance.
7.2 Contact Methods & Support Channels
- Response Time: General inquiries will receive a response within one business day. Paid customers and concierge members receive priority response times.
- Urgent Issues: High-priority concerns for paid customers are handled through the concierge team.
- Limited Support: Gifted does not provide 24/7 support unless specified under a concierge membership plan.
7.3 Dispute Resolution Process
If an issue arises regarding an order, customers must follow this dispute resolution process:
Step 1: Contact Gifted Customer Support
Customers must report any order-related issue within 24 hours of delivery or service execution. Reports should be submitted via email or through the assigned concierge team (if applicable).
Step 2: Investigation & Vendor Coordination
Gifted will review order details, vendor policies, and service logs to assess the issue. If the issue involves a third-party vendor, Gifted will coordinate with the vendor to facilitate a resolution. If the issue is due to a fulfillment error by Gifted, an appropriate resolution will be offered.
Step 3: Resolution & Final Decision
If a resolution is possible, Gifted may offer a replacement product or service (if available), a partial or full refund (if the issue qualifies under the refund policy), or store credit for future use. Gifted reserves the right to make the final determination based on vendor terms and the specifics of the claim.
7.4 Refund & Compensation Policy
Refunds and compensation are assessed on a case-by-case basis, subject to vendor policies and Gifted’s discretion.
- Delayed Orders: If an order is delayed beyond the estimated timeframe, Gifted will provide updates and work with the vendor to ensure fulfillment. Refunds for delays are only provided if covered under the vendor’s policy.
- Quality Issues: If an item or service does not meet the stated specifications, customers must provide photographic or documentary evidence for review.
- Lost or Undelivered Orders: If an order is confirmed lost or undelivered, a replacement will be issued or a refund processed based on vendor policies.
- Subjective Preferences: Refunds will not be issued for dissatisfaction based on personal preferences (e.g., floral arrangements, food selection, or packaging).
- Non-Refundable Items: Custom orders, perishable goods, and pre-booked luxury experiences are non-refundable once confirmed.
Gifted reserves the right to deny compensation requests that do not meet policy requirements.
7.5 Chargebacks & Payment Disputes
Gifted strongly encourages customers to resolve payment disputes directly through its customer support team before initiating a chargeback with their bank.
7.5.1 Unauthorized Chargebacks
- If a chargeback is filed for an order that was successfully fulfilled, Gifted reserves the right to dispute the claim and provide supporting documentation.
- Fraudulent chargebacks may result in account suspension or permanent restrictions on future purchases.
7.5.2 Valid Disputes
- If a customer believes they were charged in error, they should contact Gifted support before filing a chargeback.
- Gifted will review the claim, and if a refund is warranted, process it directly.
- If a chargeback is filed before contacting Gifted, the customer may not be eligible for future refunds or store credit.
7.6 Customer Conduct & Use of Support Services
7.6.1 Harassment & Abuse
Any form of harassment, verbal abuse, or unreasonable demands directed at customer support representatives, concierge teams, or vendors will result in immediate termination of customer support access. Customers who engage in abusive behavior may have their accounts suspended and be permanently banned from using Gifted services.
7.6.2 Excessive or Repeated Claims
- Customers who repeatedly file excessive, unfounded, or fraudulent claims may have their accounts restricted.
- Gifted reserves the right to deny refunds or compensation if a customer is found to be misusing policies.
7.6.3 Fair Use of Support Resources
- Gifted’s premium concierge support is reserved for legitimate service concerns and reasonable customer assistance requests.
- Misuse of support resources, including excessive service requests unrelated to actual purchases, may result in account restrictions.
Gifted reserves the right to terminate customer support access for any behavior that violates these terms.
7.7 Customer Agreement
By using Gifted’s services, the customer acknowledges and agrees that:
- Sales inquiries must go through a callback request or scheduled call booking.
- Only paid customers have access to direct phone and WhatsApp support.
- Gifted’s working hours are Monday-Friday, 9:00-17:00 Dubai time, excluding public holidays.
- Gifted will facilitate dispute resolution but cannot override vendor policies.
- Refunds and compensation are not guaranteed and are assessed on a case-by-case basis.
- Chargebacks should not be filed before contacting Gifted support.
8. Customer Responsibilities & Legal Compliance
8.1 General Responsibilities
By using Gifted’s services, customers agree to:
- Provide accurate and complete information when placing an order, including recipient details and delivery address.
- Use services for lawful and personal purposes only, avoiding fraudulent, deceptive, or unauthorized activities.
- Comply with vendor-specific policies regarding cancellations, modifications, and refunds.
- Adhere to all applicable laws concerning gifting, luxury experiences, and data protection.
- Communicate respectfully with customer support, vendors, and service personnel.
Failure to comply with these responsibilities may result in order cancellations, account restrictions, or legal action.
8.2 Ethical Use & Fraud Prevention
Gifted is committed to ethical business practices. Customers may not use its services for:
- Bribery or unethical gifting practices, including attempts to influence business or government decisions.
- Resale or unauthorized distribution of products or services purchased through Gifted.
- Filing fraudulent claims, including false refund requests, chargebacks, or misrepresenting order issues.
- Using stolen financial information or unauthorized payment methods.
- Harassing or abusing vendors, support teams, or delivery personnel.
Violations may result in order cancellation, account suspension, and potential legal action.
8.3 Compliance with Local & International Laws
Customers are responsible for ensuring their purchases comply with:
- Local and international gifting regulations, including tax laws, customs duties, and import/export restrictions.
- Customs and trade laws governing cross-border shipments.
- Data privacy laws, ensuring recipient information is used with proper consent.
Gifted reserves the right to cancel any order that violates legal or regulatory requirements.
8.4 Data Privacy & Security
Gifted protects customer privacy and follows data security best practices:
- Personal information is processed securely, in accordance with applicable privacy laws.
- Customer data is never sold or shared with third parties, except for order fulfillment or compliance with legal requirements.
- Recipient information must be accurate and used lawfully, ensuring that gift deliveries comply with applicable privacy policies.
For more details, refer to Gifted’s Privacy Policy.
8.5 Account Security & Unauthorized Use
- Customers are responsible for maintaining the confidentiality of their account credentials.
- Unauthorized account activity must be reported immediately to Gifted’s support team.
- Gifted is not responsible for losses resulting from customer negligence in securing account access.
8.6 Consequences of Non-Compliance
Failure to comply with these terms may result in:
- Order cancellation without refund for violations related to fraudulent or prohibited activities.
- Account suspension or permanent restrictions on future purchases.
- Legal action for fraudulent claims, abuse, or misuse of services.
Gifted reserves the right to enforce these terms at its sole discretion.
8.7 Customer Agreement
By using Gifted’s services, customers acknowledge and agree that:
- They are responsible for the accuracy of their order and payment details.
- Gifted may restrict services for fraudulent, abusive, or non-compliant activities.
- Refunds, modifications, and dispute resolutions are subject to vendor policies.
- Gifted enforces data protection laws and expects customers to do the same.
9. Limitation of Liability & Disclaimers
9.1 Limitation of Liability
To the maximum extent permitted by law, Gifted and its affiliates, officers, employees, and partners shall not be liable for:
- Third-Party Vendor Failures – Gifted is not responsible for vendor-related errors, delays, defects, or service failures, including but not limited to product quality, delivery timing, or cancellations.
- Force Majeure Events – Gifted is not liable for any failure to perform due to events beyond its reasonable control, including but not limited to natural disasters, government actions, public health emergencies, supply chain disruptions, or vendor insolvency.
- Indirect or Consequential Damages – Under no circumstances shall Gifted be liable for indirect, incidental, special, or consequential damages, including loss of profits, reputational harm, or emotional distress arising from the use of its services.
- Customer Misuse of Services – Gifted is not responsible for damages or losses resulting from the misuse of services, inaccurate customer-provided information, or failure to comply with these Terms.
- Technical or System Errors – Gifted does not guarantee that its website, payment systems, or communication platforms will be uninterrupted or error-free and shall not be held responsible for technical malfunctions impacting service availability.
Where applicable, Gifted’s total liability shall be limited to the amount paid by the customer for the specific order in dispute.
9.2 Disclaimers
9.2.1 No Guarantee of Service Continuity
Gifted provides its services on an "as-is" and "as-available" basis. While every effort is made to ensure high-quality service, Gifted does not guarantee uninterrupted, timely, secure, or error-free access to its services.
9.2.2 No Warranty for Third-Party Products or Services
Gifted acts as a facilitator for high-end gifting and experiences but does not manufacture, control, or directly provide third-party vendor products and services. Gifted makes no warranties, express or implied, regarding the quality, reliability, or merchantability of vendor offerings. Any warranties or guarantees provided by vendors are subject to their independent policies.
9.2.3 Substitutions & Service Adjustments
Gifted reserves the right to modify or substitute orders if a selected product, service, or experience becomes unavailable. Gifted will make reasonable efforts to provide a comparable alternative but does not guarantee exact replacements.
9.2.4 Limited Responsibility for Delivery & Logistics
Once an order is handed over to a third-party logistics provider, Gifted is no longer responsible for delivery delays, lost packages, or damage occurring during transit. Customers must refer to the shipping provider’s policies for claims regarding delivery disputes.
9.3 Indemnification
By using Gifted’s services, customers agree to indemnify, defend, and hold harmless Gifted and its affiliates from any claims, liabilities, damages, or expenses arising from:
- Misuse of Gifted’s services, violation of these Terms, or failure to comply with applicable laws.
- Disputes with third-party vendors regarding product or service quality, fulfillment, or policies.
- Unauthorized account activity, fraudulent transactions, or chargeback abuse initiated by the customer.
9.4 Governing Law & Jurisdiction
These Terms & Conditions are governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE. Customers agree to follow Gifted’s dispute resolution process before pursuing legal action.
9.5 Customer Agreement
By using Gifted’s services, customers acknowledge and agree that:
- Gifted’s liability is strictly limited to the amount paid for the specific order in question.
- Gifted is not responsible for vendor-related failures, delays, or disputes.
- Force majeure events may impact service fulfillment, and Gifted shall not be liable for resulting disruptions.
- Gifted reserves the right to modify, substitute, or cancel orders when necessary.
10. Amendments & Termination
10.1 Amendments to Terms
Gifted may update these Terms & Conditions at any time to reflect changes in legal requirements, business operations, or service offerings. If material changes are made, Gifted will notify customers via email or through a notice on its website. Continued use of Gifted’s services after updates take effect constitutes acceptance of the revised Terms. Customers who do not agree with the modifications must discontinue using Gifted’s services.
10.2 Termination by Gifted
Gifted reserves the right to suspend or permanently terminate a customer’s access to its services under the following conditions:
- Violation of Terms – Breach of any provision outlined in these Terms.
- Fraudulent or Unauthorized Transactions – Suspected use of stolen payment information, chargeback fraud, or refund abuse.
- Misuse of Services – Harassment of Gifted employees, vendors, or other customers, excessive refund claims, or attempts to manipulate policies.
- Legal or Regulatory Compliance – Changes in laws or regulations that require Gifted to discontinue service to a customer or jurisdiction.
- Account Security Concerns – Unauthorized access attempts or suspicious account activity.
Gifted may refuse future service to individuals whose accounts have been previously terminated.
10.3 Termination by the Customer
Customers may request to close their Gifted account at any time by contacting customer support.
- Account closure does not entitle the customer to a refund for past transactions unless otherwise covered under Gifted’s refund policy.
- Pending orders at the time of closure will be processed as normal, with applicable cancellation and refund terms.
- Store credit, vouchers, or unused balances may be forfeited upon account closure and are non-transferable.
Gifted may retain certain transaction records for legal, tax, and compliance purposes.
10.4 Effects of Termination
Upon termination:
- The customer loses access to their account, past order history, and associated benefits.
- Any outstanding amounts owed to Gifted remain payable and must be settled immediately.
- Gifted reserves the right to retain customer data for legal, fraud prevention, or compliance purposes.
Termination of services does not absolve the customer of obligations accrued prior to termination.
10.5 Survival of Certain Terms
Even after account termination, the following provisions remain in effect:
- Payment obligations for completed transactions
- Gifted’s dispute resolution process for any pending claims
- Limitations of liability and disclaimers regarding past services
- Governing law and jurisdiction provisions
10.6 Customer Agreement
By using Gifted’s services, customers acknowledge and agree that:
- Gifted may update these Terms & Conditions at any time, and continued use constitutes acceptance.
- Gifted has the right to terminate accounts or restrict access to services if these Terms are violated.
- Closing an account does not entitle the customer to a refund for completed transactions unless covered by Gifted’s refund policy.
- Gifted is not liable for losses resulting from account termination, including loss of store credit, rewards, or access to past purchases.
11. Intellectual Property & Brand Protection
11.1 Ownership of Intellectual Property
All content, branding, and intellectual property associated with Gifted—including but not limited to text, graphics, logos, images, videos, software, and digital assets—are the exclusive property of Gifted or its licensors. This includes:
- Gifted’s trademarks, service marks, and brand identity used in marketing materials, communications, and on the website.
- All content published on Gifted’s platforms, including descriptions, product listings, editorial content, and original photography.
- Software and proprietary technologies used to deliver Gifted’s services, including AI-driven personalization and customer engagement tools.
These assets are protected under trademark, copyright, and trade secret laws. Unauthorized use of any Gifted intellectual property is strictly prohibited.
11.2 Limited License for Personal Use
Gifted grants customers a limited, non-exclusive, revocable license to access and use its website and services for personal, non-commercial purposes.
- This license does not transfer ownership of any intellectual property.
- Customers may not reproduce, distribute, modify, or commercially exploit any portion of Gifted’s intellectual property without prior written consent.
- Use of Gifted’s trademarks, copyrighted materials, or proprietary content in a manner that misrepresents affiliation, sponsorship, or endorsement is strictly prohibited.
Unauthorized use may result in legal action.
11.3 Restrictions on Commercial Use & Resale
Customers may not:
- Resell or redistribute any products or services purchased through Gifted without written authorization.
- Use Gifted’s trademarks, brand elements, or product descriptions for personal or business gain without permission.
- Copy, mirror, or modify Gifted’s proprietary technologies for commercial purposes.
Gifted reserves the right to restrict access, terminate accounts, and take legal action against individuals or entities violating these restrictions.
11.4 Reporting Intellectual Property Violations
If a third party believes that its intellectual property rights are being infringed upon by any content on Gifted’s platform, they may file a claim with Gifted’s legal team by providing:
- A detailed description of the alleged infringement.
- Evidence of ownership of the intellectual property in question.
- Contact details for follow-up and resolution.
Gifted will investigate and take corrective action, which may include content removal or account suspension.
11.5 Customer Content & Reviews
Customers may submit reviews, feedback, or other content related to their experience with Gifted.
- By submitting content, the customer grants Gifted a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, and distribute the submitted content for marketing, service improvement, or promotional purposes.
- Customer-submitted content must not contain false, misleading, defamatory, or offensive material.
- Gifted reserves the right to moderate, edit, or remove customer content at its discretion.
11.6 Third-Party Intellectual Property
Gifted may feature third-party trademarks, logos, or brand elements as part of vendor offerings.
- Use of third-party intellectual property on Gifted’s platform does not imply endorsement or sponsorship by Gifted.
- Customers must comply with vendor-specific intellectual property policies when using third-party products or services.
Unauthorized use of third-party intellectual property is strictly prohibited.
11.7 Enforcement & Legal Action
Gifted reserves the right to:
- Pursue legal action against individuals or entities infringing upon its intellectual property rights.
- Suspend or terminate access to services for customers or vendors engaged in intellectual property violations.
- Cooperate with law enforcement or regulatory authorities in cases of infringement, counterfeiting, or unauthorized use.
11.8 Customer Agreement
By using Gifted’s services, customers acknowledge and agree that:
- All intellectual property rights remain with Gifted or its licensors.
- Customers are granted a limited, non-transferable license for personal use only.
- Unauthorized reproduction, resale, or distribution of Gifted’s content or trademarks is strictly prohibited.
- Gifted reserves the right to enforce intellectual property rights through legal action.
12. Miscellaneous Provisions & Final Terms
12.1 Entire Agreement
These Terms, along with Gifted’s Privacy Policy and any referenced policies, constitute the entire agreement between the customer and Gifted regarding the use of its services. No prior agreements, representations, or understandings—whether written or verbal—shall supersede these Terms. If any provision is deemed unenforceable, the remaining provisions shall continue in full effect.
12.2 No Waiver
Failure by Gifted to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future.
12.3 Assignment of Rights
Customers may not assign, transfer, or delegate their rights or obligations under these Terms without Gifted’s prior written consent. Gifted may assign its rights or obligations to an affiliated entity, successor, or third party in the event of a business restructuring or acquisition.
12.4 Force Majeure
Gifted shall not be liable for delays, failures, or disruptions in service due to events beyond its reasonable control, including but not limited to natural disasters, government actions, public health emergencies, cybersecurity incidents, supply chain disruptions, or vendor insolvencies.
12.5 Relationship Between Parties
Use of Gifted’s services does not create any joint venture, partnership, employment, or agency relationship between the customer and Gifted. Gifted remains an independent service provider.
12.6 Interpretation & Headings
Headings in this agreement are provided for convenience only and do not affect interpretation. If any ambiguity arises, these Terms shall be interpreted fairly and not in favor of or against any party.
12.7 Survival of Terms
Certain provisions shall survive the termination of services, including those related to:
- Payment obligations for completed transactions
- Dispute resolution for pending claims
- Limitations of liability
- Intellectual property protections
12.8 Notices & Communications
Official communications related to these Terms must be submitted via Gifted’s designated email or legal correspondence address. Notices from Gifted will be delivered electronically via email or through an official website update.
12.9 Governing Law & Jurisdiction
These Terms are governed by United Arab Emirates law. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE. Customers agree to resolve disputes in accordance with Gifted’s dispute resolution process before initiating legal action.
12.10 Customer Agreement
By using Gifted’s services, the customer acknowledges and agrees that:
- These Terms govern all transactions and interactions with Gifted.
- Gifted may update these Terms at any time, and continued use constitutes acceptance.
- Disputes shall be handled in accordance with the governing law and jurisdiction outlined above.