NYGB Terms of Use & Conditions

NY GIFT BOUTIQUE 

NY Gift Boutique ONLY SHIPS IN THE UNITED STATES AND CANADA ONLY 

Unfortunately, we do not ship outside the United States or Canada at this time. 

International Shipping to Canada

NY Gift Boutique ships to both the United States and Canada. Shipments to Canada may be subject to customs inspection, duties, taxes, and other import fees. These charges are the responsibility of the customer, are determined by Canadian customs authorities, and are not included in the shipping cost paid at checkout. Duties and taxes, if applicable, are typically collected by the carrier at the time of delivery.

Delivery times for Canadian orders may be longer than the estimated transit window due to customs processing, which is outside of our control. NY Gift Boutique is not responsible or liable for delays, additional fees, customs holds, or border processing issues once the package has left our facility and is in the carrier's possession.

Refunds and returns will not be issued for delays, additional customs charges, or holds caused by customs or the carrier. By placing an order shipped to Canada, you acknowledge and accept these terms.

Chargebacks Related to Customs Delays

By agreeing to these terms at checkout, the customer acknowledges that NY Gift Boutique is not liable for delays, additional fees, or holds caused by customs or carrier processing once a package has left our facility. Initiating a chargeback or payment dispute based on a customs-related delay, when the order has shipped and tracking confirms transit, is a violation of these agreed-upon terms. NY Gift Boutique reserves the right to dispute any such chargeback and submit these terms, along with tracking and shipment records, as evidence to the payment processor.

Terms & Conditions 

All our items are sold online only we ship directly to the customer only. We do not offer wholesale accounts. We are a retail business only. We Do Not offer local pickups. We are a respected dealer for all companies represented within our site.

Copyright and Trademark Notice - Unless otherwise specified, all materials appearing on this site; including text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of NY Gift Boutique., Copyright ©, ALL RIGHTS RESERVED.  

You may use the content of this site only for the purpose of shopping in this store or placing an order and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

NYGiftBoutique.com (“Website”), operated by NYGiftBoutique (“we,” “us,” or “our”). By accessing or using our Website, you (“you” or “User”) agree to be bound by these Terms of Use (“Terms”). If you do not agree with these Terms, please do not use our Website. We reserve the right to update or modify these Terms at any time, and changes will be posted on this page with an updated effective date. Your continued use of the Website constitutes acceptance of the revised Terms.

1. Use of the Website

  Eligibility: You must be at least 18 years old or have legal guardian consent to use this Website. By using the Website, you represent that you meet these requirements.

  Permitted Use: The Website is intended for personal, non-commercial use to browse, purchase, and learn about our products (e.g., tumblers and related accessories). You may not use the Website for any unlawful purpose, including but not limited to violating intellectual property rights, distributing harmful content, or engaging in fraudulent activities.

  Prohibited Conduct: You agree not to:

  Use automated tools (e.g., bots, scrapers) to access or collect data from the Website without permission.

  Attempt to interfere with the Website’s functionality, security, or performance.

  Post or transmit malicious code, viruses, or harmful content.

  Use the Website to harass, defame, or harm others.

  Account Responsibility: If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately at [insert contact information] if you suspect unauthorized access.

2. Product Purchases and Policies

  Product Information: We strive to provide accurate product descriptions, pricing, and availability. However, we do not guarantee that all information is error-free. We reserve the right to correct errors, update pricing, or cancel orders due to inaccuracies or unavailability.

  Order Acceptance: All orders are subject to our acceptance. We may refuse or cancel orders at our discretion, including for suspected fraud, pricing errors, or inventory issues. You will be notified and refunded if an order is canceled.

  Payment and Shipping: Payment terms, shipping policies, and return/refund procedures are detailed in our [Shipping Policy] and [Return Policy] [link to respective policies]. By placing an order, you agree to these policies.

  Product Use: Products (e.g., tumblers) must be used in accordance with provided instructions (e.g., hand wash only, no microwave use). We are not liable for damage or injury resulting from improper use.

3. Artificial Intelligence Usage Disclosure

At NYGiftBoutique.com, we utilize artificial intelligence (AI) technologies, powered by Shopify and other trusted third-party providers, to enhance your shopping experience, including generating product descriptions, powering customer support tools like chatbots, and providing personalized recommendations. All AI-generated content is thoroughly reviewed and edited by our human staff to ensure accuracy, relevance, and alignment with our brand standards.

Please be aware that AI-generated content or responses, including those from chatbots, may not always be perfectly accurate or complete. Any AI-powered tools, such as chatbots, are not human and should not be relied upon for critical decisions, such as financial, legal, or product safety matters. NYGiftBoutique.com makes no warranties, express or implied, regarding the accuracy, completeness, or suitability of AI-assisted content or tools. Users rely on such content or tools at their own discretion and risk.

We are not liable for any damages, losses, or consequences arising from the use of or reliance on AI-generated content or tools on our Website. For critical information, including product specifications or usage instructions, we encourage you to consult our product details or contact our customer service team at contact@nygiftboutique.com. If you interact with our AI-powered chatbot, note that it may use your data to provide contextually relevant responses, but you can request to speak with a human representative for further assistance.

In compliance with applicable data privacy laws, any personal information processed by our AI tools is handled in accordance with our Privacy Policy  https://nygiftboutique.com/pages/privacy-policy

We reserve the right to modify or update AI-assisted content or tools at any time without notice.

4. Intellectual Property

  Ownership: All content on the Website, including text, images, product descriptions, logos, and designs, is owned by NYGiftBoutique or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

  Limited License: You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works of any content without our express written consent.

  User Content: If you submit content (e.g., reviews, comments), you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content in connection with our Website and business operations.

5. Limitation of Liability

To the fullest extent permitted by law, NYGiftBoutique.com, its affiliates, and their respective officers, directors, employees, and agents are not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Website, purchase of products, or reliance on Website content, including AI-generated content. Our total liability for any claim shall not exceed the amount you paid for the specific product or service giving rise to the claim.

6. Disclaimer of Warranties

The Website and its content, including products and AI-generated materials, are provided “as is” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Website will be uninterrupted, error-free, or secure, or that products will meet your expectations.

7. Third-Party Links and Services

The Website may contain links to third-party websites or services (e.g., Shopify payment processors). We are not responsible for the content, privacy practices, or terms of third-party sites. Your use of such sites is at your own risk.

8. Governing Law and Dispute Resolution

  Governing Law: These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

  Dispute Resolution: Any disputes arising from these Terms or your use of the Website shall be resolved through good-faith negotiation. If unresolved, disputes will be settled in the state or federal courts of New York County, New York, and you consent to the jurisdiction of such courts.

  Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in class action lawsuits or class-wide arbitration.

9. Termination

We reserve the right to suspend or terminate your access to the Website at our discretion, including for violation of these Terms, without notice or liability.

10. Indemnification

You agree to indemnify and hold harmless NYGiftBoutique.com, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, or losses arising from your use of the Website, violation of these Terms, or infringement of any third-party rights.

11. Contact Information

For questions about these Terms or our Website, please contact us at:

contact@nygiftboutique.com

12. Billing & Payment Policy

By placing an order with us, you authorize us to capture and charge your payment method at the time your order is placed, even if your items have not yet shipped.

Orders are billed upon purchase to secure inventory, begin order processing, and reserve items that may be in high demand, limited quantity, or in the process of replenishment. In some cases, items may ship at a later date or in multiple shipments.

If an item is delayed beyond the expected fulfillment timeframe, we will make every effort to notify you promptly. You may contact us at any time with questions regarding your order status.

If we are unable to fulfill your order within a reasonable timeframe, or if an item becomes unavailable, appropriate refunds will be issued in accordance with our refund policy.

By completing your purchase, you acknowledge and agree to this billing practice.

13. Miscellaneous

  Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

  Entire Agreement: These Terms, along with our Privacy Policy, Shipping Policy, and Return Policy, constitute the entire agreement between you and NYGiftBoutique.com regarding your use of the Website.

  Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

By using NYGiftBoutique.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Edible Gifts Liability Disclaimer: 

Liability Disclaimer:

NY Gift Boutique acts as a retailer of carefully curated products, including edible favors and gifts, sourced from reputable third-party vendors. While we strive to offer high-quality and safe products, we do not manufacture these items ourselves. By purchasing any edible favors or gifts from our store, you agree to hold NY Gift Boutique harmless from any liabilities, claims, damages, or adverse reactions that may arise from the consumption or use of these products. Any concerns regarding ingredients, allergens, or product safety should be directed to the respective manufacturer or brand. Customers are responsible for reviewing product details and ensuring they are suitable for their needs before purchase.

https://nygiftboutique.com/pages/consumables-and-third-party-vendor-disclaimer

Consumables and Third-Party Vendor Disclaimer

NY Gift Boutique offers certain edible or consumable products, including but not limited to olive oil, vinegar sets, tapenade sets, candies and similar items, that are manufactured, prepared, packaged, labeled, and supplied exclusively by third-party vendors or manufacturers. NY Gift Boutique acts solely as a reseller and does not manufacture, process, handle, store, prepare, package, test, or inspect these products. We make no representations, warranties, or guarantees—express, implied, or statutory—regarding the quality, safety, ingredients, nutritional content, allergen information, labeling accuracy, merchantability, fitness for a particular purpose, or suitability for consumption of any such edible products.

All edible products are sold "as is" and "with all faults." NY Gift Boutique expressly disclaims any and all liability for defects, contamination, mislabeling, spoilage, or any other issues related to the manufacturing, packaging, or contents of these third-party products.

By purchasing, receiving, or consuming any edible product from NY Gift Boutique, you acknowledge and agree that:

  • You are solely responsible for independently reviewing and verifying all product information, including (but not limited to) ingredient lists, allergen warnings, nutritional facts, expiration dates, storage instructions, and any other details provided by the manufacturer or on the product packaging.
  • You assume all risks associated with the consumption or use of these products, including any potential allergic reactions, food-borne illness, adverse health effects, or other damages.

To the fullest extent permitted by applicable law, NY Gift Boutique, its owners, affiliates, officers, employees, agents, and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages—including but not limited to personal injury, illness, property damage, medical expenses, lost profits, or other losses—arising from or related to the purchase, use, consumption, or misuse of any edible products, even if advised of the possibility of such damages. In no event shall our total liability exceed the purchase price of the specific product(s) giving rise to the claim.

You agree to indemnify, defend, and hold harmless NY Gift Boutique and its affiliates, officers, employees, agents, and suppliers from and against any and all claims, demands, actions, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your purchase, use, consumption, or misuse of any edible products obtained through us, or any violation of this disclaimer.

We strongly recommend that you contact the manufacturer directly for any questions about ingredients, safety, allergens, or other product-specific information, and always inspect products upon receipt. This disclaimer does not affect any rights you may have under applicable consumer protection laws that cannot be waived.

This disclaimer is governed by the laws of New York, without regard to conflict of law principles.

Credit Cards- We accept credit cards as a form of payment. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Any orders that are flagged with incorrect information will be immediately cancelled.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that NY Gift Boutique is not responsible for the operation of, or content located on or throughout any such site.

Multiple Product Orders

For multiple product orders, we will make every attempt to ship all items contained in that order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available unless you inform us otherwise. 

Order Acceptance Policy

We reserve the right to refuse service to anyone for any reason.

Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. NY Gift Boutique reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Other Conditions

Prices are subject to change without notice as well as discontinue an item or service we provide.

These conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether this store signs them or not. NY Gift Boutique reserves the right to make changes to this site and these conditions at any time.

Out-of-Stock Products

While we strive to maintain accurate inventory levels, occasionally a product may be out of stock at the time of your order. In such cases, fulfillment may be delayed. Most items typically ship within 5–12 business days, but unforeseen stock shortages may impact this timeline.

If an item you’ve ordered is unavailable for immediate shipment, we will notify you promptly via the email address provided. You may choose to wait for the item to become available or cancel your order at any time prior to shipment for a full refund.

To ensure fairness to all our customers, we reserve the right to cancel orders for out-of-stock items and issue a full refund rather than holding orders for an extended period.

We appreciate your understanding and are committed to keeping you informed every step of the way.

SHIPPING - We do not offer Expedited or Express Shipping due to the nature of certain selected items that require time for personalization or customization.  

While we do our very best to process and ship all orders promptly, we rely on customers to let us know if a specific "Need by" delivery date is required so we can notify if we can make special arrangements. Please note that a need by date must be within a reasonable timeframe. If not, to ensure fairness if order cannot be fulfilled properly or within the timeline asked we reserve the right to cancel the order and fully refund to customer. 

If a "Need By" date is not provided at checkout—in the product notes or "Order Special Instructions" box—orders are processed and shipped according to our standard timelines, between 7-12 business days subject to availability.

As stated above we do not offer express or expedited shipping because we cannot fully guarantee next-day service due to carrier variables outside of our control. We are not responsible for late shipment if carrier incurs issues, or has timeframe back ups especially during major shipping holidays. Once order is fulfilled we are not liable for late shipments it is out of our control and out of our hands once we fulfill the order. 

Certain orders can incur a backorder where it will require 2 or more shipments however, certain distributors we work with wish to reduce their carbon footprint and wait for shipment fulfillment to send out deliveries only once. 

Privacy

NY Gift Boutique keeps your personal information private and secure. During a purchase your Name, Email, Address, Payment Information, Phone Number and or password is only used to process your order(s), to provide any feedback on your order and/or verify any personalization of an item you purchased.

Our secure servers protect information using advanced encryption techniques and firwall technology.

Subscription to our website keeps you informed of your order status, latest offers by NY Gift Boutique, Promotions and New Additions to our store. You reserve the right to unsubscribe ant any time.

NY Gift Boutique uses "cookies" to keep track of your current shopping session to personalize your experience so that your shopping cart can be retrieved at any time to make any necessary updates or adjustments. 

Privacy on Other Web Sites

Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy for more information. NY Gift Boutique is not responsible for the actions of third parties.

AI Disclaimer Clause for NYGiftBoutique.com : Artificial Intelligence Usage DisclosureAt NYGiftBoutique.com, we embrace artificial intelligence (AI) technologies to enhance your shopping experience, including generating product descriptions, powering customer support tools like chatbots, and providing personalized recommendations. To ensure quality and accuracy, all AI-generated content is thoroughly reviewed and edited by our dedicated human staff to confirm it is accurate, relevant, and consistent with our brand standards.Please be aware that AI-generated content or responses, including those from chatbots, may not always be perfectly accurate or complete. Any AI-powered tools, such as chatbots, are not human and should not be relied upon for critical decisions, such as financial, legal, or product safety matters. NYGiftBoutique.com makes no warranties, express or implied, regarding the accuracy, completeness, or suitability of AI-assisted content or tools. Users rely on such content or tools at their own discretion and risk.We are not liable for any damages, losses, or consequences arising from the use of or reliance on AI-generated content or tools on our website. For critical information, including product specifications or usage instructions, we encourage you to consult our product details or contact our customer service team directly at contact@nygiftboutique.com. If you interact with an AI-powered chatbot on our website, please note that it is an automated system, not a human representative, and its responses may occasionally be inaccurate or incomplete. For personalized assistance, you may request to speak with a human representative at contact@nygiftboutique.com. In compliance with applicable data privacy laws, any personal information processed by our AI tools is handled in accordance with our Privacy Policy. We are committed to transparency and protecting your data. We reserve the right to modify or update AI-assisted content or tools at any time without notice. By using NYGiftBoutique.com, you acknowledge and agree to this AI Disclosure and our broader Terms of Use.


Quality Control & Package Verification

All orders undergo a thorough quality control process prior to shipment. Each item is photographed before packaging and dispatch to document its condition before leaving our facility. These records are used to verify item condition in the event of a return or claim.

Damaged-in-Transit Items

If an item arrives damaged during transit, customers must notify us within forty-eight (48) hours of delivery and provide clear photos of both the product and the packaging. Upon verification, we will arrange a replacement (subject to availability) or issue a full refund. Our pre-shipment photographs allow us to confirm the item’s original condition.


Returns 

Return Process, Authorization, & Related Policies

Return Authorization (RMA Required)

All returns require a Return Merchandise Authorization (RMA) number. To request an RMA, customers must contact NY Gift Boutique at contact@nygiftboutique.com within seven (7) calendar days of delivery, as verified by carrier tracking records. Claims submitted after the 7-day window will not be accepted, without exception. We reserve the right to refuse any return request.

Unauthorized returns will not be accepted. Any package sent to us without prior authorization and a valid RMA number is not eligible for refund or return. This policy ensures fairness and consistency for all customers.


Return Eligibility & Evaluation

All return requests are evaluated on a case-by-case basis, with consideration given to the health and safety of our team. Approved returns must meet all of the following conditions:

  • Items must be unused, unopened, and in original packaging

  • No signs of wear, use, odors, stains, or damage

  • Refused packages are not eligible for refund

  • Items failing inspection will not be refunded

NY Gift Boutique reserves the right to reject any return that does not meet these conditions.


Non-Returnable / Final Sale Items (Hygiene & Safety)

For hygiene and safety reasons, the following product categories are final sale and not eligible for return or exchange:

  • personal accessories (including scarves, hats, gloves)

  • Jewelry

  • Blankets, bedding, and bath items

  • Beauty items

  • Personal-use accessories

  • Veils and headpieces

  • Hair accessories

  • Any other items worn close to the body

These items cannot be accepted once they have left our facility to ensure all customers receive brand-new, unworn products.


Required Information for Return Requests

When contacting us to request a return, customers must provide:

  • Full name

  • Order number

  • Date ordered

  • Reason for return and shipment details

Failure to provide complete information may result in delays to the return or refund process.


Return Shipment Instructions

Once a return is approved and an RMA number is issued, a Return Form will be emailed to the customer. This form must be completed and included inside the return package.

  • The form cannot be scanned or emailed

  • Failure to include the form will delay processing (no exceptions)

Customers are responsible for all return shipping costs. We strongly recommend using a reputable, trackable carrier such as UPS or FedEx and insuring the package for full value. NY Gift Boutique is not responsible for loss or damage during return transit.

Return tracking numbers must be provided to NY Gift Boutique.


Cancellations

Orders begin processing immediately upon placement; therefore, cancellations are not guaranteed.
Custom and personalized items cannot be canceled under any circumstances once submitted.

NY Gift Boutique reserves the right to cancel and refund orders if:

  • Items are backordered or unavailable

  • A specific print, embroidery, color, shape, or customization is unavailable

  • We have attempted to contact the customer at least three (3) times to resolve the issue without response


Order Cancellation for Fraud Prevention

We reserve the right to cancel any order deemed suspicious or potentially fraudulent based on internal risk indicators. Orders showing inconsistencies or fraud markers may be canceled without fulfillment, and future orders from the same customer may also be refused.


Product Variations & Disclaimer

Many items are handmade or hand-painted. Variations in color, size, shape, weight, design, accessories, or packaging may occur and are not considered defects. We cannot guarantee exact color matches. Packaging and product details may change without notice. Claims based on such variations will not be accepted.


Shipping Issues & Delivery Responsibility

NY Gift Boutique is not responsible for shipping delays due to carrier issues or unforeseen circumstances. If an item is needed by a specific date, this must be noted at checkout. We do not offer next-day, local, or expedited delivery options.

If delivery attempts fail due to customer unavailability, the customer is responsible for coordinating with the carrier. Refused packages are not eligible for refunds or returns.
If a package is stolen, customers are advised to file a police report.


Backordered or Out-of-Stock Refunds

In the event an item is backordered or unexpectedly out of stock, refunds will be issued within 7–20 business days following notification from our fulfillment center. Refunds may be delayed due to bank holidays or banking processing times.


Policy Enforcement Disclaimer

By completing a purchase, the customer acknowledges and agrees to all terms outlined in this Return Process and related policies. NY Gift Boutique reserves the right to deny any claim that does not fully comply with these requirements. This policy applies to all purchases without exception.

WE DO NOT ACCEPT RETURNED ITEMS OR OFFER ANY SUCH REFUND TO PACKAGES SENT TO US WITHOUT PROPER AUTHORIZATION. Unauthorized returns are not eligible for refund. Pre-authorization is required for all returns.

This process helps us maintain the highest standards of service while ensuring fairness and consistency for every customer.

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Damaged or Defective Merchandise & Exchange Policy

All claims for damaged or defective merchandise must be submitted within three (3) calendar days of delivery, as confirmed by carrier tracking records. Claims submitted after this timeframe will not be accepted under any circumstances.

Eligible items may be approved for exchange, subject to product availability and current inventory. In the event that a replacement item is unavailable, a refund may be issued at our sole discretion. All final sale items are strictly non-refundable and non-exchangeable.

To qualify for an exchange or refund, all of the following conditions must be met:

  • The reported defect or damage must be supported by clear photographic and/or video documentation submitted at the time of the claim. This documentation is required to verify the issue and to notify our distribution partners.

  • The item must be unused, unworn, and unaltered, and returned in its original condition.

  • The item must be free of odors, stains, signs of wear, or damage other than the verified manufacturing defect.

  • All original tags, labels, and packaging must be attached and intact.

  • The item must be returned because of defect or damage it will be NY Gift Boutique that will cover shipping and provide shipment sticker.

Upon receipt, all returned items will be inspected prior to approval. Refunds will be issued only if all eligibility requirements are fully satisfied. Items that fail inspection will not qualify for a refund or exchange and will not be returned to the customer.

For approved exchanges, replacement items will be shipped only after the returned item has been received, inspected, and confirmed to meet all eligibility requirements outlined above.

All claims must be submitted via email to contact@nygiftboutique.com within the required three (3) day reporting period.

How to File a Claim

To submit a damaged or defective item claim, please email contact@nygiftboutique.com  within three (3) days of delivery and include:

  • Order number

  • Description of the defect or damage

  • Clear photos and/or video showing the issue

Incomplete or late submissions will not be reviewed.

Policy Enforcement Disclaimer:
By completing a purchase, the customer acknowledges and agrees to all terms outlined in this policy. We reserve the right to deny any claim that does not fully comply with these requirements. This policy applies to all purchases without exception.

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Customer Resolution Requirement & Chargeback Policy

By completing a purchase on our website, the customer expressly agrees to contact NY Gift Boutique and provide us with a reasonable opportunity to review and attempt to resolve any issue, concern, or dispute related to an order before initiating a chargeback, payment dispute, or reversal with their bank or payment provider.

The customer acknowledges and agrees that initiating a chargeback without first contacting us and complying with our Return Policy, Damaged or Defective Merchandise Policy, and claim procedures constitutes a breach of these Terms & Conditions.

Customers must submit all claims, concerns, or disputes in accordance with the procedures and timeframes outlined in these policies by emailing contact@nygiftboutique.com. Failure to do so may result in the claim being denied and the chargeback being formally contested using available documentation.


Chargeback Acknowledgment 

The customer understands and agrees that banks and payment processors encourage merchants and customers to resolve disputes directly prior to the initiation of a chargeback, and that failure to do so may result in the denial of the chargeback claim.

In the event of a chargeback, we reserve the right to submit evidence including, but not limited to, proof of delivery, tracking confirmation, customer communications, timestamps, product descriptions, and these published Terms & Conditions and Return Policies.


Policy Acknowledgment & Enforcement

By placing an order, the customer confirms that they have read, understood, and agreed to all applicable policies, including but not limited to our Return Policy, Damaged or Defective Merchandise Policy, and Chargeback Policy. These policies apply to all purchases without exception.

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Seasonal, Custom & Personalized Items

Please note that seasonal and holiday items are final sale and cannot be returned or exchanged.

Additionally, custom and personalized items are made especially for you and are also non-returnable and non-refundable. We kindly ask that customers carefully review and certify all spelling, dates, and personalization details before submitting an order. Once approved, items will be produced exactly as entered and cannot be altered afterward.

This policy helps us ensure that every custom product is created just for you and delivered as expected.

Important-Please note - that we are not obligated under New York State law to accept returns or provide refunds. Therefore, all sales are considered final unless an exception is made at our discretion. In cases of store error, an exchange may be authorized; however, the original item must be returned and received by us prior to any replacement being sent. No exceptions will be made.

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Cancellations, Order Modifications & Disclaimers

Orders begin processing immediately upon placement; therefore, cancellations cannot be guaranteed. Custom and personalized items are strictly non-cancelable once an order has been submitted.

Order Cancellation by NY Gift Boutique

NY Gift Boutique reserves the right to cancel and refund an order if an item is on extended backorder, out of stock, or if a requested print, embroidery, color, shape, or customization is unavailable. In such cases, we will make at least three (3) reasonable attempts to contact the customer to offer an alternative item, modification, or correction (including color, spelling, or shape, noting that special characters are not permitted in printing or embroidery). If no response is received after these attempts, we are unable to hold the order and may cancel and refund the purchase at our discretion.

Fraud Prevention & Risk Management

We reserve the right to cancel any order deemed suspicious or potentially fraudulent based on internal risk assessments, inconsistencies, or fraud markers. Orders flagged for potential fraud may be canceled without fulfillment, and we reserve the right to refuse future orders from the same customer associated with similar risk indicators. We have systems in place to notify us of these potential risks. We reserve the right not to fulfill this order or any other orders from the same customer with similar markers on the order. 

Handmade Product Variations

Many of our items are handmade and/or hand-painted. As a result, variations in design, color, size, shape, weight, accessories, or packaging may occur and are not considered defects. Exact color matching cannot be guaranteed, and product or packaging appearance may change without notice. Claims or refunds based on such variations will not be accepted. Due to the fact that items are manufactured at different times the coloring of an item or packaging shown in the photo or detailed in the product description may also vary, we are unable to guarantee exact coloring. Coloring and packaging may change without notice. We will not be held responsible for any claim related to variations of the coloring of an item, it's packing or any fees that may arise to remedy such claims.

Shipping & Delivery Responsibility

NY Gift Boutique is not responsible for shipping delays caused by carriers or unforeseen circumstances. If an order is required by a specific date, this must be noted at checkout; otherwise, no refunds or returns will be issued for late delivery. We do not offer next-day, local, or expedited delivery services.

Customers are responsible for ensuring availability to receive deliveries and coordinating with carriers for redelivery or pickup if necessary. Refused packages are not eligible for return or refund. In the event of package theft, customers are advised to file a police report, as theft constitutes a criminal matter.

If your package is not received at time of delivery due to not being available to receive or sign for it, another attempt is usual and the customer MUST make sure they are available to receive the second attempt or make arrangements with the shipper through tracking to be able to receive the package or pick up at their hub. We do not offer returns or refunds on refused packages. If your package was stolen we strongly suggest making a report of the crime with your local police as this is a crime. 

Undeliverable Packages, Refused Deliveries & Re-Shipping

Once an order has been shipped, delivery responsibility transfers to the carrier. NY Gift Boutique fulfills its shipping obligation when the carrier makes reasonable delivery attempts, as documented by tracking records.

If a package is returned to us or deemed undeliverable due to any of the following reasons, including but not limited to:

  • Customer unavailability to receive or sign for delivery

  • Failure to retrieve the package from the carrier after delivery attempts

  • Incorrect or incomplete address provided by the customer

  • Refused delivery

the order will not be eligible for a refund.

Re-shipping is available only at the customer’s expense, regardless of whether the original order qualified for free or promotional shipping. Promotional or free shipping applies only to the original shipment and does not apply to re-shipments under any circumstances.

Original shipping charges, where paid, are considered earned upon carrier delivery attempts and are non-refundable.

If the customer elects not to pay for re-shipping, NY Gift Boutique reserves the right to cancel the order without refund.

NY Gift Boutique is not responsible for delays, failed delivery, or return-to-sender situations caused by customer inaction, refusal, or failure to coordinate with the carrier.

Shipping Disputes & Chargeback Policy

Customers agree that shipping obligations are fulfilled once the carrier makes reasonable delivery attempts. Failure to receive or retrieve a package does not constitute non-delivery. Any chargeback filed for undeliverable, refused, or unclaimed packages will be contested using carrier records, customer communications, and published policies.

By completing a purchase with NY Gift Boutique, the customer acknowledges and agrees that:

  • Shipping obligations are fulfilled once the carrier makes reasonable delivery attempts, as confirmed by tracking records.

  • Failure to receive, claim, or accept delivery due to customer unavailability, refusal, or inaction does not constitute non-delivery.

  • Promotional or free shipping applies only to the original shipment and does not apply to re-shipments.

  • Re-shipping costs are the responsibility of the customer.

  • Original shipping fees, if paid, are non-refundable once delivery attempts have been made.

Customers agree to contact NY Gift Boutique and allow a reasonable opportunity for resolution before initiating any chargeback or payment dispute.

Any chargeback initiated for undeliverable, refused, or unclaimed packages will be formally contested using carrier tracking records, delivery attempt confirmations, customer communications, and these published policies.

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Backorder or out of stock Refunds-  If an event should arise where popular items are backordered or unexpectedly out of stock refunds will be sent with 7-20 days of notification of item stock status from our fulfillment center. *Please also note refunds can also be delayed on bank holidays for bank transfer. 

Shipping Policy

- Most orders will ship within 5-14 business days provided the product ordered is in stock. Some delays may occur from the distribution which we cannot unfortunately control. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement or on Holidays and Holiday dates expressed that account for NY Gift Boutique to not be open. 

We cannot always guarantee when an order will arrive. Consider any shipping or transit time offered to you by this site or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. We are not responsible for any delays by our shippers. Since certain items are prepared such as wrapped favors or if there is a short stock we do not provide Next Day, Two or Three-day shipping unless expressed by our shipping department that the option is avail. 

Heavy Freight Items-  Items that are a large size and weight are set with a Standard Freight shipping Price. This cannot be changed or removed. 

Shopping Cart Help

This online store is powered by Shopify.  It provides the means to power this NY Gift Boutique but is in no way responsible for the activities/content found within. All content found on this site; including products, web copy, promotions etc., is the sole property of NY Gift Boutique and has no direct ties to Shopify as a company. If you have any questions about what appears inside this store, please contact us directly from our contact us page.

TAXES

Our store will automatically charge and withhold applicable taxes for orders to be delivered to addresses within the state where NY GIFT BOUTIQUE holds a presence. For orders shipped to other areas, You (the shopper) are solely responsible for any taxes and/or other taxes that may apply for your area. 

TYPOGRAPHICAL ERRORS- 

We are not responsible for typographical errors made by YOU the customer that match the order, certification is checked by you as the customer before the order is processed and we will print or customize it according to the certification that you approved to be printed. 

COLOR- 

We are not responsible for any slightly darker or lighter shade of any item that arrives, our descriptions or color are from our manufacturers, and some home computers, tablets, phones, etc. may show a varying degree of color on your screen and we are not responsible for the color of the item since we do not manufacture it colors will vary slightly. 

EDIBLE ITEMS SHIPPING INFO- 

** EDIBLE ITEMS CANNOT BE RETURNED **

HOT WEATHER SHIPPING (MAY THROUGH OCTOBER AS NEEDED)

SHIPPING /DELIVERY 

Some candies and sweets are sensitive to hotter temperatures in the spring, summer and fall months. Chocolate, marshmallow and gummi or jelly candies may melt or get sticky in hot or humid environments. While this may be perfect for fondue, it’s not for your candy order. So, to ensure your product arrives in great condition, “Heat Sensitive”* items will have shipping restrictions during hot weather months. When ordering, keep the following in mind:  

  • Temperatures differ from state to state, so shipping restrictions may be in effect for some states but not others.

  • Your order is being shipping from our temperature-controlled location in northern Cincinnati, Ohio. We check to ensure your order is of perfect quality prior to sealing the package for shipment. However, we cannot guarantee that your candy will arrive in the same perfect condition. For this reason, we do not provide refunds or replacements of the product damaged by high temperatures.

  • If your order contains a heat sensitive item, Economy shipping will not be offered as an option due to the longer time in transit.

  • Any order containing a heat sensitive item is shipped via Expedited in an insulated package with an ice pack to protect the candy from melting in heat during transit. 

If an order has a heat sensitive item and the order is placed after 10 am EST Wednesday, the order will not ship until Monday, except when the order:

  • Is placed before 10 am EST Thursday and shipping to a business address with a 1-day transit time for delivery on Friday.

  • Is placed before 10 am EST Thursday and shipping to a residential address with a 2-day transit time for delivery on Saturday.

  • Is placed before 10 am EST Friday and shipping to a residential address with a 1-day transit time for delivery on Saturday.

* Heat-Sensitive items will be noted on the item description page on the website in the bullets.