TERMS OF USE
ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE AND CLICKING ON THE “I AGREE to the Terms & Conditions” BOX WHEN YOU PLACE YOUR ORDERS REPRESENTS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEB SITE.
Terms and Conditions Related to the Purchase of Products
Yuti Gift Box is an eCommerce-based service website. Please review the following terms and conditions of use governing the website. If you decide to use this website, you are agreeing to contract electronically, and these terms are an enforceable agreement. These terms of use will be referred to as the “Agreement”.
The users of this website are bound by the Agreement. The Agreement is applicable to any user browsing the site, signing up as a member or shopping as a guest. Yuti Gift Box reserves the right to change the Agreement at any time. If you disagree with this Agreement, you can choose not to use the website.
General Conditions & Website Transactions
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The Sale of Alcoholic Beverages
Many of our offerings contain alcoholic beverages. The Company does not sell alcohol to persons under the age of 21. By using this site you are representing that you are over the age of 21. The Company makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are representing that the person receiving a shipment of alcoholic beverages from the Company is over the age of 21. You also agree that any alcohol purchased from the Company is intended for personal consumption and not for resale. Sales per person in Florida cannot exceed limit of 52 gallons per transaction. If you do not agree with these conditions of use, please do not use this site or accept these conditions.
Receiving Merchandise and Passage of Title
Laws regarding the sale and transportation of alcoholic beverages are complex and constantly changing. The politics, policies and procedures regarding such sales and transportation are different in every state. That is why you are buying from us in California and why title to alcoholic beverages pass to you upon purchase. In the event that yuti.co may ship wine or beer to your state in accordance with a state privilege requiring the payment of state taxes, you will be charged the sales tax, if any, assessed by your state for that transaction; (This is up to you to report, it will not be charged through us) otherwise either Florida sales tax will be assessed on the sale during checkout. Title to all product intended for shipment to federal property and Indian reservations passes to the customer when the goods are picked up by the common carrier and Florida sales tax will be collected on all such purchases. When your order is approved by your credit card company, you own the goods. If you choose shipping as a delivery method, you are asking us to engage a common carrier to deliver your order to you. We make no representations about the legality of shipping alcoholic beverages. Our site lists those states where common carriers will deliver alcohol. You are responsible for compliance with all laws regarding such shipments. You may also make your own shipping arrangements.
By arranging for transportation of the alcoholic beverages, Yuti.co is providing a service to, and acting on behalf of you. By utilizing this service from Yuti.co you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the alcoholic beverages, are legally entitled to take quantities ordered and that you and the person accepting delivery of the alcoholic beverage products are at least 21 years of age.
Products and Warranties
As a reseller of fine products, Yuti.co does not offer any additional product warranties or guarantees but passes along to you any warranty that may
be provided by the manufacturer. We will try to facilitate any claims you
may have regarding defective products with the manufacturer, but we do not offer a direct warranty.
Assignment
This Agreement is binding upon the parties and the respective heirs, personal representatives, successors and assigns.Any assignment by You will not release You from Your obligations to Us under this Agreement.
Intellectual Property
You agree that the content (other than content which is owned by third parties and content that You provide Us), materials, images, names descriptions, and other elements of the gift boxes are our sole property and are protected by copyright, trademark and other applicable laws. You will not sell, license, rent, copy, reproduce, transmit, publicly display, publish, adapt, edit, modify or create derivative works from any content or materials created by Us, without our express written permission.•You agree that We may use, publish and display Your name and any of Your trademarks or other intellectual property reflected, displayed or included in the gift boxes or depicted in images thereof in any media, including social media, worldwide in order to market and promote Us and our business.We will not publicly post any photos of Your gift boxes prior to the date of Your event.
Safety and Care
Not all of our products will be appropriate for all persons. It is up to you to ensure that the recipient does not have food allergies to the ingredients of the edible items in the Yuti.co. Items are labeled by the manufacturer to alert the consumer of any allergens. Any non-labeled food always has the risk of possible allergens. We encourage all customers to read product labels and contact the manufacture if you have any questions. When a product has no
detailed label we encourage you to take no risk. Bond Party LLC ("Yuti Gift Box"). will not be held responsible for adverse reactions to food consumptions regardless if it is labeled or not labeled. Some items may also represent a choking hazard for small children. You agree to use the appropriate amount of caution and care in selecting the products, especially if you are giving a product as a gift.
Client Supplied Items
If the gift boxes are to include items supplied by You, then You will cause such items to be delivered to Us at Your cost by the date and to the location indicated indicated or otherwise supplied by Us. We reserve the right to reject any such items in our discretion.•By providing such items to Us, You represent and warrant to Us that (a) all such items are manufactured and packaged, and otherwise conform to, all applicable laws, rules and regulations, (b) if such items include food, the food is wholesome and fit for human consumption, (c) the items may lawfully be introduced into interstate commerce, (d) the items are not adulterated or misbranded as defined in the FD&C Act, if applicable, and (e) the inclusion of such items in Your order will not violate, breach or conflict with the any intellectual property or other right of any person or entity.
No Endorsement or Warranty
We do not endorse, warrant, or guarantee any products or services that are included in Your order because those products or services are supplied to Us by third parties.All such products and services are provided on an ‘as-is’ basis.•We do not represent, warrant, or guarantee that the nutrition, ingredient, allergen, direction, warning, labeling, packaging or other information displayed or described on or in connection with the items in Your order are accurate or complete.
If You have a specific dietary or allergy or other question or concern regarding an item in Your order, then You must contact the manufacturer directly. You agree that We are not responsible for any products in Your order that are adulterated or misbranded. •Manufacturers and suppliers can change packaging, labeling, ingredients, directions, and warnings without prior notice to Us.We do not represent, warrant, or guarantee that Your order will conform to any images, depictions or descriptions of items on our website or in our marketing or other communications or to any samples that We may supply You from time to time.
Payments
We accept the following forms of payment: VISA, MasterCard, Discover and American Express, Afterpay & PayPal.
Website Transactions
Yuti Gift Box has the sole authority to limit and/or cancel orders placed with the company for any reason at any time. We will use our sole discretion to define the quantities purchased per person, per household or per order. The applicability of such restriction will be based on multiple accounts owned by the same customer, usability of same credit card on multiple accounts and placing multiple orders through multiple accounts for the same billing and/or shipping address.
If an order(s) is cancelled, we may attempt to notify you through phone, email, billing address given at the time of order or by other reasonable means.
If Yuti Gift Box finds that orders were placed by resellers, dealers and/or distributors, the company will exercise its sole judgment to limit or prohibit
such orders.
For more details, please review our Refund Policy.
Payment Declines
If we are unable to authorize or charge your credit card, we will email you. Please check with your issuing bank for details. Once your credit card is declined, we will automatically cancel you order. Please feel free to re-purchase the item using a different credit card.
Taxes
Tax charges are based on state and local tax laws and tax rates. Where required, tax will also be applied to the shipping and handling charges
Website Images and Measurements
We make every effort to ensure that images on our website are as accurate as possible. Colors may vary from monitor to monitor and may also vary because of lighting and photography. We are as accurate as possible in our descriptions, weights and measurements with no intention to mislead the buyer.
Disclaimer
By purchasing one of our items / gift boxes, you the buyer acknowledge that you have read and agreed to our policies and terms and conditions. Buyer’s purchases are a legally binding contract. Any item is subject to prior sale. We reserve the right to end a sale at any time.
Website Changes
Yuti Gift Box has the sole discretion and/or power to change, modify, suspend or discontinue the eCommerce platform, inclusive of its features, products, content and services offered on the website. We will try to serve a notice first before making a change but in certain circumstances, prior notice cannot be given. It is the sole discretion of Yuti Gift Box to grant user access to the website. In case of
modification or discontinuation of Yuti Gift Box, the company will not be liable to any third party or any user for any service, features, products or content offered through the website.
User Accounts
As a user, you agree that you will provide your accurate full legal name, a valid email address, valid phone number and shipping/billing address at the time of your registration. Yuti.co ("Yuti Gift Box") and user have the right to terminate the user agreement without any prior notification. In that case, the company has the sole right to deny user any further access to its account and the website.
WEBSITE TERMS OF USE
Yuti.co Bond Party LLC ("Yuti Gift Box") provides this website and related services to you subject to the following notices, terms and conditions (“Terms of Use”). Please read these Terms of Use carefully BEFORE using the website. Your continued access and/or use of this website SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF USE. If at any time you do not wish to accept these Terms of Use, you
must not use the website. Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Yuti Gift Box and shall be of no force or effect.
Your use of this website is also subject to our Privacy Policy and the purchase of products is subject to the Terms and Conditions Related to the Purchase of Products. [hyperlink] By using our website you are agreeing to these terms as well.
Use of Website
Yuti Gift Box may, in its sole discretion and without notice, deny any person access to the website or any portion of the website. As a condition of your use of the website, you will not do anything that is unlawful or prohibited by these Terms of Use. You may not use the website in any manner that could damage, disable, overburden or impair any Yuti Gift Box server or interfere with any other party’s use or enjoyment of the website and services offered through the website. You may
not attempt to gain unauthorized access to other’s accounts, information, computer systems or networks connected to the Yuti Gift Box server or to any of the services or products offered via the website, through hacking, password mining
or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
This website, any portion of this website and any software, products or services obtained herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial
purpose that is not expressly granted by Yuti Gift Box. Yuti Gift Box reserves the
right to refuse service, terminate account(s) and/or cancel orders in its
discretion, including, without limitation, if Yuti Gift Box believes that conduct violates applicable law or is harmful to the interests of Yuti Gift Box or its affiliates for any other reason. Yuti Gift Box further reserves the right to pursue any legal action available against any user whose use violates the state, federal or local law or these Terms of Use.
You agree that you will not: (1) permit any third party to use the website, (2) use the website in the operation of a service bureau, or (3) sublicense the use of the website to third parties.
Availability of this website or particular information or services is subject to change without notice.
Modifications and Update
Changes are periodically made to the information contained in these terms of use. Yuti Gift Box may make changes to the services or products available on this website at any time and at its sole discretion. The most current version of these terms can be reviewed by clicking on the “Terms & Conditions” link located at the bottom of each page of Yuti Gift Box website. These notices, terms and conditions are subject to change in the sole and absolute discretion of Yuti Gift Box.
All updates, enhancements, new features and/or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these terms and conditions. Your continued use of the website constitutes your continued acceptance to all such notices, terms and conditions
as modified.
Validity and Accuracy of Data
Yuti Gift Box does not represent or warrant that any product or other information provided by Yuti Gift Box is complete or free from defect or error, and does not assume, and expressly disclaims, any liability to any person or entity for loss or damage caused by defects, errors or omissions in the service, whether such errors or omissions result from negligence, accident or other cause. You shall be solely responsible for obtaining any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local
statute, law or regulation applicable to your use of the website. Yuti Gift Box
makes no representations or warranties about the legality or propriety of the use of the website in any jurisdiction, state or region.
The website may include information posted by third parties. Yuti Gift Box does not assume the responsibility to monitor or edit such postings. Yuti Gift Box disclaims all responsibility for such information and you agree not to hold Yuti Gift Box responsible for such information or materials.
Copyright
All content and otherwise protectable features of this website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Yuti Gift Box, are the property of Yuti Gift Box and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY Yuti Gift Box
IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Yuti Gift Box and is protected by United States and international copyright laws. All software used on this site
is the property of Yuti Gift Box or its software suppliers and is protected by United States and international copyright laws. The images used on this website are the property of their respective copyright owners and are used by Yuti Gift Box pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this website is strictly prohibited.
Yuti Gift Box Marketing
All gift boxes are printed with the Yuti Gift Box logo and brand messaging. We also include an Yuti Gift Box branded card. If the gift is a custom gift box and the box does not have the Yuti Gift Box logo, a small subtle branded card will be inserted in your gift box.
Yuti Gift Box Social Media Marketing
We reserve the right to photograph you gift box/gift boxes, including custom gift boxes and use them on any and all of our social media, newsletters, printed materials ect... We will not post anything prior to an event. We will wait 2 hours after the event.
Limitation of Warranties
This website and all information, content, services, goods, advertisements, documents and related graphics provided herein are provided “as is” without warranty of any kind. The documents and related graphics published on this website could include technical inaccuracies or typographical errors. Yuti Gift Box makes no representations or warranties of any kind, express or implied, as to
the operation of the website or the information, content materials, or products included on this website. To the fullest extent possible by applicable law, Yuti Gift Box and its affiliates, officers, directors and employees hereby disclaim all warranties and conditions with regard to this information, including all
warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. Yuti Gift Box does not warrant that the website is compatible with your equipment or that the
related services therein are free of errors, viruses, worms, “trojan horses” or any other harmful, invasive or corrupted files and is not liable for any
damages you may suffer as a result of such destructive features.
Limitation on Damages
Yuti Gift Box will not be responsible for any consequential, incidental or special damages, including loss of profits or similar damages, even if advised of the possibility of such damages.
In no event shall Yuti Gift Box and/or its affiliates, officers, directors or employees be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection
with the use or performance of this website or software, documents, provision of or failure to provide services, or information available from Yuti Gift Box through this website.
Limitation on Liability
The maximum liability of Bond Party LLC ("Yuti Gift Box") to you for any claim is the amount you paid for the product related to the claim.
Release and Indemnification
You release Yuti Gift Box (and its officers, directors, agents, subsidiaries, joint
ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the website. If you are a
California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You will indemnify and hold Yuti Gift Box (and its officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.
Copyright Infringement Policy
You may not use the website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party.
Yuti Gift Box, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the
obligation, to terminate your license to use this website if it determines in
its sole and absolute discretion that you are involved in infringing activity,
including alleged acts of first-time or repeat infringement, regardless of
whether the material or activity is ultimately determined to be
infringing. Yuti Gift Box accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In
addition, pursuant to 17 U.S.C. Section 512(c), Yuti Gift Box has implemented
procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Yuti Gift Box in a written complaint that complies with the requirements below and is delivered to Yuti Gift Box designated agent to receive notification of claimed infringement:
By mail:
2355 NW 70th ave
Suite D8, Miami 33122
Contact Yuti Gift Box by e-mail at
hello@yuti.co
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person
defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a
third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Yuti Gift Box to locate the material.
Information reasonably sufficient to permit Yuti Gift Box to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Trademarks
“Yuti Gift Box” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this website is the sole property of Yuti Gift Box.
Yuti Gift Box's trademarks may not be used in connection with any product or service that is not owned by Yuti Gift Box in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Yuti Gift Box. Any trademarks not owned by Yuti Gift Box that appear on this website are the property of
their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. None of the above trademarks may be copied, downloaded or otherwise exploited without the permission of Yuti Gift Box or
the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
Severability
If any provision of these terms, conditions and notices are found to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
Resolution of Disputes
These Terms of Use shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You and Yuti Gift Box agree that Yuti Gift Box will resolve any claim or controversy at law or equity that arises out of your use of the website (a “Claim”) in accordance with one of the subsections below or as you and Yuti Gift Box otherwise agree in writing.
Forum for Disputes - Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, you agree to submit to the jurisdiction and venue of the Circuit Court for the County of Oakland, State of Florida or, if
original jurisdiction can be established, the United States District Court for the Eastern District of Florida with respect to any action arising, directly or indirectly, out of your use of the website.
Arbitration Option - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party
elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely
based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All Claims you bring against Yuti Gift Box must be resolved in accordance with this Resolution of Disputes Section.
All Claims filed or brought contrary to the Resolution of Disputes Section
shall be considered improperly filed. Should you file a claim contrary to the
Resolution of Disputes Section, Yuti Gift Box may recover actual attorneys’ fees and costs.