NYGB Terms of Use & Conditions

NY GIFT BOUTIQUE 

NY Gift Boutique DOES NOT SHIP INTERNATIONALLY.  

Unfortunately, we do not ship outside the United States at this time. Our business currently operates exclusively within the United States.

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. 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.

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.

Returns 

We accept return claims within 7 days of delivery. Please note that all packages are tracked, and we verify the delivery date through carrier records. Unfortunately, any claims made after the 7-day window cannot be accepted, without exception. Claims submitted beyond this timeframe cannot be accepted. We reserve the right to refuse a return

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 policy ensures fairness and consistency for all of our customers.

At NY Gift Boutique, we take great pride in the quality and condition of every item we ship. To ensure accuracy and transparency, each order goes through a thorough quality control process before leaving our fulfillment center.

  • Package Verification: We photograph all items prior to packaging and shipment. This provides us with a record of the item’s condition before it leaves our facility, and serves as a point of comparison in the event of a return or claim.

  • Return Requests: All return claims must be submitted within 7 days of receipt. Claims submitted beyond this timeframe cannot be accepted. Please note that all packages are tracked, and we verify the delivery date through carrier records

  • Damaged-in-Transit Items: If your item arrives damaged, please contact us within 48 hours of delivery with photos of both the product and the packaging. We will gladly arrange a replacement (subject to availability) or issue a full refund. Since we photograph all items shipped we can verify the condition and offer replacement. 

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

Returns are evaluated on a case-by-case basis in order to prioritize the health and safety of our team. For hygiene and safety reasons, we do not accept returns on product categories :

  • Apparel and Personal accessories (Scarves, Hats, Gloves) 
  • Jewelry
  • Blankets
  • Bedding
  • Bath
  • Beauty items
  • Personal-use accessories
  • Veils & Headpieces

    For hygiene and safety reasons, certain items are considered final sale and are not eligible for return or exchange. This includes:

    • Veils

    • Headpieces

    • Hair accessories

    • Any other personal-use items

    Because these items are worn close to the body, we cannot accept returns once they have left our shop. This ensures that every customer receives a brand-new, unworn product and protects against potential health concerns.

    We appreciate your understanding of this policy, which helps us maintain the highest standards of quality and safety for all of our customers.

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.

Return Process: 

Returns require an RMA number ( Returns Material Authorization) - this number will be provided upon contact to NY Gift Boutique - contact@nygiftboutique.com within 7 days of receipt. As stated above, Please note that all packages are tracked, and we verify the delivery date through carrier records. Unfortunately, any claims made after the 7-day window cannot be accepted, without exception.

When contacting us for a request for a return please provide

  • Full Name 
  • Order Number
  • Date Ordered
  • The reason for return and shipment information 

Failure to provide this information only sets up a delay in the refund process.

Approved returns must be in original packaging, we will not accept used or opened products, if there are any signs of use, wear, odor or damage to returned item, we will not offer a refund, we will also not offer a refund on refused packages. 

Once return is approved with RMA Number a return Form will be emailed to you, This MUST be Filled out and included in the package being returned to us, if the form is not included this will only delay your refund so please take great care in including the form with your package. The form cannot be scanned and emailed back to us. No Exception. 

You, the customer are responsible for return shipping. We strongly recommend a trackable and reputable shipper such as UPS, FedEx for tracking.

Tracking Number(s) for your return must be provided to NY Gift Boutique. 

Choose an appropriate box and secure accordingly. Please insure your package at full value since shipping costs since we are not responsible for return shipment in case problems arise in transport. 

NY Gift Boutique reserves the right to reject any returns that do not meet our conditions. 

Cancellations-  Because orders begin processing immediately after they are placed, we cannot guarantee cancellations. Please note that custom and personalized items cannot be canceled under any circumstances once the order has been submitted.

Order Cancellation by NY GIFT BOUTIQUE - will occur as well if an order received is followed up by NY GIFT BOUTIQUE immediately to notify the customer if and item is on a long backorder, out of stock, a specific Print, Embroidery, color or shape is not available and we have reached out at least three times to accommodate the customer to receive notification of exchange for an item that is available for replacement or change in color, spelling (no characters are allowed in printing and embroidery) or shape. Having made the attempts to receive notification if we do not hear back from the customer after these attempts have been made we cannot hold the order and we reserve the right to have the order canceled and refunded back to the customer. 

We also reserve the right to cancel any order that is deemed suspicious based on internal information we receive about the order that may seem fraudulent. We will also cancel an order if there are any suspicious markers or inconsistencies that could indicate the order to be fraudulent. 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.

Many of the items on our site are handmade and/or hand-painted, NY Gift Boutique is not responsible for any variations in design, color, size, shape, weight or accessories (stones, crystals, pearls, tags, ribbons etc.) 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. We are not responsible for shipping delays there are many unforeseen circumstances that can occur to delay a package. If the package was needed by a certain date the customer MUST note that in any checkout notes otherwise no refunds or returns will be issued. We Do Not offer next-day, local or quick delivery due to making sure we have stock available. 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. 

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.