Terms and Conditions

This Terms of Sale Agreement constitutes a binding legal contract between you and ©Portrait Gift Bags Company, LLC (forthright and hither-to known as “PGB” throughout this contract), the owner and operator of the ©portraitgiftbags.com website. By ordering our products through our website, you signify your acceptance of this Agreement. This Agreement will be amended periodically. Changes to this Agreement will be effective when posted. This Agreement is intended to supplement the website Terms of Use. We take your privacy rights seriously on the Internet, you can view the Privacy Policy for details.

Sales Tax: You may place your order on our website at any time (subject to planned or unplanned downtime). U. S. State and Local Sales Tax, is applied ONLY to orders being shipped within Minnesota. Taxes are applied to the entire order including Shipping & Handling, depending on the Minnesota city you are shipping to. States requiring sales taxes on Internet sales is subject to change. Orders will reflect the latest requirements, and customers will be aware of the tax amount due at the point of purchase for all items subject to sales tax.

International orders (outside the US) may be subject to Customs Duties and Taxes where applicable, and foreign exchange rates/fees at time of purchase.

Product Description / No Refunds or Exchanges: We attempt to describe the items offered on the website as accurately as possible, however, we do not warrant that the descriptions or other content on the website are accurate, complete, reliable, current or error-free. Given that our products are hand crafted to order, all sales made through the website are final. No refunds or exchanges for items purchased through this website will be made. Customers will receive a PROOF of their product(s) via email, with a maximum amount of two revisions. We may reject photo(s) of low quality and/or size due to insufficient processing for the final end product. Due to high volume orders (certain holiday seasons) with certain products, we will notify you of any back orders on our products.

Gallery: We have made every effort to display the items featured on this website as accurately as possible. Gallery pages will be updated periodically depending on the season and/or holiday. We try to provide you with samples to help you with your ordering process. Please note, that the colors we use, as well as the display and color capabilities of your particular monitor will affect the colors actually seen on the screen. The website cannot be responsible for the limitations of your monitor’s display of color.

Payments and Disputed Payments: PGB does not accept checks, drafts, or money orders submitted through the website. We accept all major credit cards for payment through PayPal. You will bear all costs associated with a disputed credit card charge which results in action from the PGB’s merchant account provider, otherwise known as chargebacks. PGB is not responsible for any error, omission, interruption, deletions, and delay in operation or transmission.

Pricing / Shipping / Other Errors: Prices on this website are quoted in U.S. Dollars. Such prices do not include shipping and handling, expedited service, Rush delivery, internation, or state and local sales taxes, if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges, state and local taxes if applicable, that may apply to your order. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on website or communicated to you, then we reserve the right to cancel your order and refund to you the amount that you paid. Occasionally during the peak holiday season, shipping lead times may become extended to 48 hours. We are not responsible for shipping damages to your order(s).

Secure Shopping: View the Privacy Policy page, which describes our security procedures.

Order Status: Once you place an order, PGB we will send you a personalized email within one business day and provide you with an order confirmation number. By placing an order with PGB; you consent to receive emails from PGB regarding your order. You can always contact us at 612-749-7610 OR email (info@portraitgiftbags.com), OR click on “Contact Us” in the menu bar of the PGB web site, OR, Mail: P.O. Box 46423, Eden Prairie, MN 55344 USA.

Disclaimer of Warranties: The Portrait Gift Bags Company has priced its products upon the understanding, you hereby acknowledge that PGB will not be responsible or liable for any consequential, incidental, statutory, punitive, exemplarily or indirect damages of whatever kind or type arising from any type of commercial, business, environmental, warranty, contract, liability or other causes arising directly or indirectly from or in connection with any product and its use, or damages for any injury to a person in the case of products purchased for consumer.

Follow warnings accompanying any products associated with the website. Some products such as ribbon, string, rope, bag handles, or small pieces may not be suitable for children and should be kept out of the reach of small children. We will ship this WARNING with your order if applicable.

You agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against the PBG company arising out of your purchase or use of products ordered via the website.

Terms of Use of Website: PGB respects the use of its site. We have the right to deny you use of the website at any time, for any reason, with or without cause.

SUBMISSIONS: PHOTOS for product(s) You agree not to upload photos of any harmful, pornographic or otherwise sexually explicit, threatening, vulgar, racially; ethnically objectionable that promote illegal activities. Or an invasion of a right of privacy of another person. We have the right to choose discretion of uploaded photos. Please provide photos with highest resolution as possible, tif or jpg file type, up to 10mg. We will not accept photos by mail. We do not provide photo-retouching services. Old antique photos with torn edges and cracks will not be retouched. You agree to defend, and hold us harmless from any and all claims arising out of, or relating to any photo that you submit to us. We will provide scanning services for .50 per photo, if requested. PGB, however is not responsible for photos, or damage, during the process, or in shipping. Client must pay the shipping charges on photos, photos will be shipped with the finished product.

SUBMISSIONS: TEXT for product(s) You agree not to transmit text of any content that infringes harmful misleading, foul language, misrepresentation of a person, by harassment of another person or promotes information that you know is false. You agree to defend, and hold us harmless from any and all claims arising out of, or relating to any content that you submit to us. Text examples can be viewed on our GALLERY pages. We suggest no more than 2 lines of text, 25-30 characters. PGB does not provide special fonts for other languages, such as Chinese, Arabic, etc. We will send you a proof of your order(s) via email. Once you approve this PROOF, and notify us by email that you “APPROVE” in the subject line, then from that time forth, we are not responsible for spelling errors, and production will begin.

Emails regarding your order(s): You agree not to upload, post, or transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy the function of computers and telecommunication equipment. You agree to receive communications from us by email, concerning your order(s). Your emails are confidential with PGB. Your name will be added to our private list, to inform you of new products, promotions, blogs, holiday and seasonal products. If you wish to opt out on these advertising emails, you may “unsubscribe” at the end of advertisement.

Candy Order(s): From May through September, all chocolate orders must ship 2-Day Air, once the order has been processed. We are not responsible for melted chocolate. Ice pack will be included in the shipping process.

Indemnification: You hereby agree to indemnify, defend, and hold us harmless from and against any and all losses, damages, liabilities and costs incurred by the use of the PGB website and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim.

Limitation of liability In no event shall PGB be liable for any damages whatsoever, direct or indirect, and or incidental arising out of our relating to your use of PGB website. You understand and agree that PBG shall not be liable for any direct, indirect, consequential or exemplary damages, for loss of profits, use, data or other tangible losses resulting from the use or the inability to use our website; any purchase resulting from use of website; unauthorized access to your account or payment on PayPal, photos misrepresented through your submission; or any other matter relating to the website.

Disclaimers: The content on or otherwise related in any way to PGB website or any third party sites or services linked to and from any PGB website is provided “as is” and without warranties, of any kind, to the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, security, compatibility and no infringement. We do not warrant that any content will be error-free, or that access will be uninterrupted, that defects will be corrected, or that any PGB website or the servers that make such content available are free of viruses or other harmful components, moreover, you assume the entire cost of all necessary repairs or corrections. You hereby irrevocably waive any claim against us with respect to content and any content you provide to third party sites (including credit card and other personal information).

SOLICIT: You agree not to upload or transmit any content involving spamming, chain letters, phishing, viruses, junk mail, mass mailing, or any third party advertising to this site.

COPYRIGHTS: YOU AGREE NOT TO USE OR OTHERWISE TRANSMIT ANY CONTENT THAT INFRINGES ON OUR COPYRIGHT, TRADEMARK, TRADE SECRET OF ©PORTRAIT GIFT BAGS. NO PART OF THIS WEBSITE MAY BE REPRODUCED, OR USED IN ANY MANNER.

Contact Us: If you have a comment or any questions please contact us through the Contact Us page. If you wish to contact by mail, send your information to: Portrait Gift Bags, P. O. Box 46423, Eden Prairie, MN 55344 USA. We hope you enjoy our website and use it safely and constructively.

EFFECTIVE: 01/2016