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Terms & Conditions
Welcome
Welcome to Heart Touch Gifts (“we,” “our,” or “us”). Our business is built on the human touch—celebrating artistry over conformity and the deep emotions behind every gift. To support your gifting needs, we provide quality items, meaningful finds, and creative services.
By using our website (the “Site”) or services (the “Services”), you agree to these Terms & Conditions and the policies referenced herein. Please read them carefully before using the Site.
If you do not agree with these Terms, please do not use our Site or Services.
Electronic Communications
By using our Site, creating an account, placing an order, or communicating with us electronically, you consent to receive communications from Heart Touch Gifts by email or through the Site. These communications may include order confirmations, shipping updates, account notices, legal disclosures, and other information related to your use of the Site. You agree that all agreements, notices, disclosures, and other communications sent to you electronically satisfy any legal requirement that such communications be in writing.
Updates to These Terms
We may update these Terms & Conditions from time to time. When significant changes are made, we will post notice on the Site.
It is your responsibility to review this page periodically. Continued use of the Site after changes are posted means you accept those changes.
We are not liable for any impacts resulting from changes to these Terms & Conditions.
Eligibility
Our Site includes family-friendly content, including our Kids Circle, which may be accessed and enjoyed by children under the supervision of a parent, guardian, teacher, or other responsible adult.
However, to place an order, subscribe to certain services, or enter into any transaction through the Site, you must be at least 18 years old or have the permission and supervision of a parent or legal guardian.
By placing an order or using any paid services, you represent that you meet these requirements and have the legal capacity to enter into a binding agreement.
We reserve the right to refuse service, cancel orders, or restrict access if we believe these requirements have not been met.
Account Registration & Security
To access certain features of our Site, including your order history, Wishlist, and saved addresses and Wallet information, you may be required to register for a member account. Your Responsibilities include:
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You agree to provide accurate, current, and complete information during registration and to keep it updated
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You are entirely responsible for maintaining the confidentiality of your account password and login credentials
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You accept full responsibility for all activities, purchases, and actions that occur under your account
Security & Unauthorized Use
If you suspect or become aware of any unauthorized use of your account or password, you must notify us immediately at info@hearttouchgifts.com.
Heart Touch Gifts will not be liable for any loss or damage arising from your failure to safeguard your login credentials or promptly report unauthorized access.
Account Suspension & Termination
We reserve the right, at our sole discretion and without prior notice, to suspend, restrict, or terminate your account if we suspect:
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Fraud or fraudulent activity
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A violation of these Terms & Conditions
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Unauthorized, illegal, or abusive activity
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Any conduct that may harm our business, users, or operations
Intellectual Property & Site Content
All content on this Site—including our images, designs, text, artwork, graphics, logos, and layout—is owned by or licensed to Heart Touch Gifts and is protected by copyright, trademark, and other intellectual property laws.
All trademarks, trade names, logos, and service marks displayed on the Site are the property of Heart Touch Gifts or their respective owners.
Permitted Uses:
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View and use the Site for personal, non-commercial shopping purposes
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Download or print content only for personal use
Unpermitted Uses:
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Copy, reproduce, modify, or redistribute Site content for commercial use
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Use our content, designs, or branding without written permission
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Reproduce, republish, distribute, sell, upload, scrape, extract, or otherwise use our content (including books, articles, layouts, images, and designs) on any other website, social media platform, database, or platform, or use our content to train, develop, or improve any artificial intelligence system, machine learning model, or automated data system, without our express written permission.
All rights not expressly granted are reserved.
We may update, change, suspend, or discontinue any part of the Site or Services at any time.
Kids Circle Content
Materials in the “Kids Circle” section, including poetry workshops and printable activities, are provided for personal and educational use only. The "Kids Circle" section is governed by our Privacy Policy. Please review our Privacy Policy for details on how we handle information relating to children under the age of 13.
Permitted Uses:
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Print materials for classroom or personal educational use
Non-Permitted Uses:
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Sell or redistribute these materials
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Publish them online or on other platforms
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Use them for commercial promotion
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Modify, reproduce, or repurpose them for resale or distribution
Services Description
Heart Touch Gifts provides gift-related items and services, including but not limited to:
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Personalized and custom-made gifts (including poetry and custom text)
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Gift recommendations and suggestions
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Kids Circle creative activities
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Item suggestions such as “You May Also Like” or “Shop By” features
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Email communications related to our services
We reserve the right to refuse, cancel, or limit any order for reasons including suspected fraud, pricing errors, item availability issues, or violations of these Terms. Please note that an order confirmation email or payment processing does not constitute our legal acceptance of an order. Acceptance occurs only when your order is processed and shipped.
Personalized Gifts Disclaimer
Customers are responsible for reviewing spelling, dates, names, and custom content before final approval. Heart Touch Gifts is not responsible for customer-submitted errors once an order has been approved or submitted for production.
For personalized and custom-made items, we may provide a digital preview or proof (including watermark versions) for customer approval prior to production. These previews are for review purposes only and may not be copied, shared, or used outside of the approval process. Once approved, the order will proceed into production and cannot be modified except at our discretion.
Pricing & Item Availability
Prices, descriptions, and availability are subject to change and may be corrected if errors occur.
Orders, Shipping & Delivery
Orders are processed and shipped after completion of production.
Typical timelines:
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In-stock items: up to 4 business days (internal processing time)
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Personalized items: up to 7 business days (internal processing time)
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Shipping carrier delivery: 3-5 business days
We ship within the United States and its territories using reliable major carriers, primarily USPS and occasionally UPS to ensure your gifts arrive safely. Heart Touch Gifts reserves the right to select or change the carrier used for your shipment at our discretion.
Delivery conditions:
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Most packages are delivered to the shipping address provided at checkout. Please ensure a secure delivery location is available.
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If a signature is required by the carrier, someone must be available to receive the package.
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Delivery times are estimates and may vary due to carrier delays, weather conditions, or other factors beyond our control.
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Once the package is marked as delivered by the carrier, Heart Touch Gifts is not responsible for lost, stolen, or misdelivered packages.
For more details, please refer to our Shipping & Delivery information page.
By purchasing from us, you agree to our Return & Shipping Policies, both of which are fully incorporated into these Terms.
Returns & Refunds
Returns, exchanges, and refunds are governed by our Return Policy. By placing an order on our Site, you agree to the terms outlined in that Policy.
Payments & Pricing
All prices are listed in U.S. dollars. We accept major credit cards and digital wallets. For a full list of accepted payment methods, visit our Ordering Made Easy page. Applicable sales tax will be added where required by law. All transactions are securely processed and charged at the time of order placement. By submitting information, you authorize Heart Touch Gifts to charge the applicable amount for your order.
While you may manage saved payment methods within your account Wallet, all financial data is tokenized and securely processed by our third-party payment gateways. Heart Touch Gifts does not directly store your raw credit card numbers.
Promotional Offers
From time to time, we may have promotional offers such as discounts, coupon codes, and free shipping offers. Unless otherwise stated, all promotional offers are subject to the following terms:
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Each promotion is subject to its own stated terms, conditions, eligibility requirements, and expiration date.
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Promotions may be modified, suspended, or terminated at any time without prior notice.
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Only one (1) promotional code may be applied per order unless expressly stated otherwise. Promotional codes cannot be combined with other discounts, offers, or free shipping promotions unless specifically permitted.
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If a promotional code is invalid, expired, or does not apply to the items in your cart, it may be automatically removed during checkout so your order total reflects the applicable pricing.
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Promotions may exclude certain collections, personalized items, gift cards, shipping charges, taxes, or items already on sale.
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Promotional offers are non-transferable, may not be sold or exchanged, and are void where prohibited by law.
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Promotional offers have no cash value and cannot be redeemed for cash or store credit except where required by applicable law.
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We strive to ensure that promotional offers, pricing, and discounts are accurate. However, if a pricing or promotional error occurs, we reserve the right to correct the error, cancel affected orders, or refuse to honor the promotion. If this occurs, we will notify you and, whenever possible, work with you to provide a fair resolution.
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We reserve the right to cancel, refuse, or revoke any promotional offer if we determine that fraud, abuse, misuse, technical errors, or violations of these Terms have occurred.
Privacy & Safe & Secure Shopping
Your privacy is important to us.
Our collection, use, and protection of personal information are governed by our Privacy Policy and Safe & Secure Shopping guidelines. These policies explain:
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What information we collect
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How it is used
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How it is stored and protected
By using our Site, you agree to these policies.
Acceptable Use of the Site
You agree to use our Site and Services only for lawful purposes and in accordance with these Terms.
You agree not to:
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Use the Site for illegal or unauthorized activities
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Attempt to gain unauthorized access to systems or user accounts
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Introduce viruses, malware, or harmful code
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Collect user data without permission
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Misuse or copy Site content or user information
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Harass, abuse, or harm others
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Create false identities or misleading information
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Spam, send unsolicited messages, or use the Site for chain letters or similar activities
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Infringe on our intellectual property rights
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Use the Site in a way that disrupts its normal operation
We reserve the right to determine what constitutes misuse and to take appropriate action, including restricting access or canceling orders.
User Content & Feedback
We welcome your ideas and feedback (“User Feedback”). Thank you for helping us grow! By submitting User Feedback to Heart Touch Gifts, you agree that:
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We may use, disclose, modify, reproduce, adapt, publish, and distribute your User Feedback for any lawful business purpose.
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The permission you grant is worldwide, perpetual, irrevocable, non-exclusive, and royalty-free.
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You will not receive compensation, royalties, or other payment for your User Feedback, and Heart Touch Gifts is under no obligation of confidentiality regarding your feedback.
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We have no obligation to use, implement, or respond to any User Feedback.
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Your User Feedback must not violate the rights of any third party.
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If you submit poems, messages, photographs, artwork, uploaded files, or other content for personalization or custom gift purposes ("Custom Content"), you represent and warrant that you own such content or have obtained all necessary rights and permissions to use it. You grant Heart Touch Gifts a limited, non-exclusive, royalty-free license to reproduce, modify, and use such content solely for the purpose of creating, personalizing, and fulfilling your order. You agree to indemnify, defend, and hold Heart Touch Gifts harmless from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your submission of Custom Content.
Communications & Mailing List
You may unsubscribe from our mailing list at any time using the provided opt-out link or by contacting us directly.
We may also send you important updates regarding:
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Orders
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Policies
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Site changes
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Service updates
We reserve the right to manage or discontinue mailing list services at any time.
External Links
Our Site may contain links to third-party websites.
We are not responsible for:
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The content of external websites
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Their accuracy or reliability
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Any damages or issues resulting from their use
Accessing third-party sites is at your own risk.
The Fine Print (Made Simple)
Disclaimer & Warranty Disclaimer
We believe in keeping this transparent and straightforward. While we work hard to provide a wonderful experience on our Site, items, and Services are provided on an “as is” and “as available” basis to the fullest extent permitted by law.
While we strive for accuracy and reliability, we cannot guarantee that:
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The Site will always be uninterrupted, secure, or error-free
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Item descriptions, images, pricing, or other content will always be completely accurate, complete, or current
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The Site or Services will meet every specific expectation or requirement
We reserve the right to update, modify, correct, suspend, or discontinue any content, item, price, or Service at any time without prior notice. We are not responsible for typographical, pricing, or photographic errors and reserve the right to correct them at any time, including after an order has been placed.
Except as expressly stated in our 100% Satisfaction Guarantee, Return Policy, or as required by applicable law, we disclaim all express and implied warranties, including but not limited to:
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Implied warranties of merchantability
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Fitness for a particular purpose
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Non-infringement
Because many of our items are handcrafted, personalized, or made-to-order, slight variations in color, texture, finish, dimensions, and appearance may occur. These natural variations are part of the unique character of each piece and are not considered defects.
Limitation of Liability
To the fullest extent permitted by applicable law, Heart Touch Gifts, its owner shall not be liable for indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Site, Services, or any products purchased through the Site.
What We Are (and Aren't) Responsible For: We want you to love your experience with Heart Touch Gifts, but using our Site is ultimately at your own risk. To the maximum extent permitted by law, Heart Touch Gifts and its owners, team members, contractors, and partners will not be responsible for:
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Any indirect, incidental, special, or consequential damages
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Loss of data, revenue, or business profits
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Issues arising from the use or inability to use the Site
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Technical glitches, delays, power interruptions, or system errors
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Unauthorized access to your account resulting from your failure to maintain the confidentiality of your login credentials or promptly notify us of suspected unauthorized access.
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Third-party actions or service failures (including, but not limited to, shipping carriers, payment processors, and digital wallet providers such as Apple Pay, Google Pay, PayPal, and similar services), except to the extent liability cannot be limited under applicable law.
Nothing in these Terms & Conditions limits or excludes liability for fraud, willful misconduct, or any other liability that cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, our total aggregate liability for any claim arising out of or relating to these Terms, the Site, the Services, or any product purchased from us shall not exceed the amount you paid to Heart Touch Gifts for the specific product or service giving rise to the claim.
Nothing in these Terms & Conditions excludes or limits any rights or remedies that cannot be excluded or limited under applicable law.
Important Safety Information
Some items available through Heart Touch Gifts may include ingredients such as essential oils or spa-related materials.
Please:
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Read all labels and instructions before use
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Consult a professional if you have health concerns
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Avoid using any item as a substitute for medical advice
Our items are not intended to diagnose, treat, cure, or prevent any disease.
Gift Cards / E-Cards
Gift Cards (E-Cards) may be used toward purchases on our Site.
Important terms:
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Treat Gift Cards like cash
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Lost or stolen cards cannot be replaced
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Gift Cards are non-refundable
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No dormancy, maintenance, or service fees apply
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Gift Cards do not expire (unless otherwise required by law or issued as part of a promotional campaign with specific expiration terms)
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They cannot be used for advertising or promotional resale
We reserve the right to void gift cards obtained fraudulently.
Termination of Services
We may suspend or terminate access to our Site or Services at any time if we believe a user has violated these Terms.
You may also stop using our Services at any time.
Termination may result in loss of access to Services, and we are not liable for any resulting consequences.
Spam Policy
Spam, including unsolicited emails or bulk messaging, is strictly prohibited.
If we detect spam activity, we may:
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Suspend or block access
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Cancel orders
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Take legal action if necessary
If you believe spam is being sent through our Services, please contact us at: info@hearttouchgifts.com.
Indemnification
You agree to indemnify and hold Heart Touch Gifts harmless from any claims, damages, or legal fees arising from:
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Your use of the Site
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Your violation of these Terms
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Your misuse of our Services or content
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Your violation of any applicable laws
Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control, including severe weather, natural disasters, labor disputes, carrier interruptions, or governmental actions.
Shipping disruptions may occur in a gift-based business.
Dispute Resolution (Arbitration)
We aim to keep things simple and fair, and we hope we never have any issues with our customers. If a concern or dispute arises related to these Terms & Conditions, our Site, or any purchase, or transaction, both parties agree to first attempt to resolve the matter informally by contacting us at info@hearttouchgifts.com.
If the dispute cannot be resolved informally, it shall be resolved through binding arbitration in Hudson County, New Jersey. The arbitration will be conducted on an individual basis only and not as a class, collective, or representative action.
The arbitration will be administered by a recognized consumer arbitration provider, such as the American Arbitration Association (AAA), under its applicable consumer arbitration rules in effect at the time the dispute arises.
The arbitration shall cover any dispute or claim arising out of or relating to these Terms & Conditions, the Site, Services, or any transaction with Heart Touch Gifts.
The arbitrator may award attorney's fees, costs, and expenses to the extent authorized by applicable law or the applicable arbitration rules. Except as otherwise provided by applicable law or those rules, each party shall bear its own attorney's fees and costs.
Nothing in this section prevents either party from seeking temporary or injunctive relief in a court of competent jurisdiction to protect intellectual property rights, prevent unauthorized use of the Site or Services, or address misuse of content or accounts.
Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
Judgment on any arbitration award may be entered in any court of competent jurisdiction.
Entire Agreement
These Terms & Conditions, along with our Privacy Policy, Return Policy, and Shipping Policy, make up the entire agreement between you and Heart Touch Gifts. They replace any previous conversations, emails, or agreements we might have had. If it isn't written down in these official policies, it isn't part of the deal.
Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Severability
If any provision is held unenforceable, the remaining provisions remain in full force.
No Waiver
If we don't immediately take action when someone violates these Terms, it doesn't mean we are giving up our right to enforce them later. We still reserve the right to hold you accountable for any past or future violations. To be effective, any official waiver of our rights must be provided to you in writing.
Thank You
Thank you for supporting Heart Touch Gifts. We truly appreciate every customer and the trust you place in our small business. We are committed to providing thoughtful finds and caring service. If you have any questions about these Terms & Conditions, or your experience with us, please don't hesitate to reach out.
Contact Information
For questions about these Terms, you may contact us at:
Mail: Heart Touch Gifts, P.O. Box 765, Bayonne, NJ 07002
Email: info@hearttouchgifts.com
Last Updated: July 5, 2026
