Terms of service

OVERVIEW

Welcome to Best Custom Gifts. Best Custom Gifts is an online store operated by Reachary Limited, a company incorporated in Hong Kong. Throughout these Terms of Service, the terms “Best Custom Gifts,” “we,” “us,” and “our” refer to Reachary Limited.

We operate this website and online store, including all related information, content, features, tools, products, and services made available to customers through the website, collectively referred to as the “Services.” Our online store is hosted and powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when accessing or using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

Nothing in these Terms is intended to exclude or limit any rights or remedies that cannot lawfully be excluded or limited under applicable consumer protection laws.

SECTION 1 – ACCESS, ELIGIBILITY, AND ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state, province, or territory of residence, or that you have obtained the necessary permission from a parent or legal guardian.

To access certain features or purchase products, you may be asked to provide information such as your name, email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the right to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for activities conducted through your account. You must notify us promptly if you believe that your account has been accessed or used without authorization.

You may not sell, transfer, assign, or license your customer account to another person without our prior written permission.

SECTION 2 – PRODUCTS AND PERSONALIZATION

We make reasonable efforts to display and describe our products accurately. However, colors, textures, proportions, and product appearance may vary slightly depending on your device, screen settings, production methods, materials, and other technical factors.

Many products offered through our store are personalized, customized, or made to order. Product previews are intended to provide a reasonable representation of the final design but may not be an exact production rendering.

Minor differences may occur in printing position, color tone, image placement, stitching, cropping, engraving, sizing, or other manufacturing details. Such reasonable production variations are not necessarily considered defects.

You are responsible for reviewing all personalization details carefully before placing your order, including names, dates, spelling, photographs, messages, sizes, colors, product types, and design selections.

We are not responsible for errors contained in personalization information submitted and approved by the customer, except where the final product does not reasonably match the information submitted with the order.

Product descriptions, prices, availability, materials, options, and designs may be changed or discontinued at any time without prior notice. We may also limit the quantities available to any person, household, geographic region, or jurisdiction.

SECTION 3 – CUSTOMER-SUBMITTED CONTENT

When you upload or submit photographs, names, artwork, text, logos, graphics, messages, or other materials for personalization, collectively referred to as “Customer Content,” you retain any ownership rights you may have in that Customer Content.

You grant us and our production, technology, and fulfillment partners a limited, non-exclusive, worldwide, royalty-free license to access, store, reproduce, modify, crop, format, print, manufacture, and otherwise use the Customer Content only as reasonably necessary to:

  • process and fulfill your order;
  • produce your personalized product;
  • provide customer support;
  • resolve disputes, refunds, replacements, or quality issues;
  • maintain transaction and compliance records; and
  • operate, troubleshoot, and improve the personalization and ordering process without using private Customer Content in public advertising unless separately authorized.

You represent and warrant that you own the Customer Content or have all permissions and legal rights necessary to submit and use it for the requested product.

You must not submit Customer Content that:

  • infringes copyrights, trademarks, privacy rights, publicity rights, or other rights of any person;
  • contains unlawful, threatening, defamatory, hateful, abusive, or obscene material;
  • promotes violence, discrimination, illegal activity, or exploitation;
  • contains unauthorized brand names, logos, characters, celebrity images, or licensed content; or
  • otherwise violates applicable law or these Terms.

We reserve the right to refuse, cancel, or request changes to any order that contains Customer Content we reasonably believe may be unlawful, inappropriate, infringing, misleading, or unsafe.

SECTION 4 – ORDERS AND ORDER ACCEPTANCE

When you place an order, you are submitting an offer to purchase the selected product or service. Your order is not accepted until payment has been successfully authorized and we issue an order confirmation or otherwise begin processing the order.

We reserve the right to refuse, limit, correct, or cancel an order for legitimate reasons, including:

  • incorrect pricing or product information;
  • suspected fraud or unauthorized payment;
  • product or material unavailability;
  • prohibited or infringing Customer Content;
  • shipping restrictions;
  • technical errors; or
  • violations of these Terms.

If we cancel an order after receiving payment, we will issue a refund for the canceled portion using the original payment method, subject to applicable payment processing timelines.

Please review your order carefully before submitting it. Personalized and made-to-order items may enter production shortly after an order is placed. Cancellation or modification requests are governed by our Cancellation and Modification Policy.

Returns, refunds, replacements, and exchanges are governed by our Refund and Return Policy.

SECTION 5 – PRICES, TAXES, AND BILLING

Product prices, discounts, promotions, and availability may change without prior notice. The price charged will generally be the price displayed when your order is submitted, subject to correction of obvious errors.

The final amount payable will be shown during checkout before you submit your order.

Unless expressly stated otherwise, displayed product prices may exclude:

  • shipping and handling charges;
  • sales taxes, value-added taxes, or similar charges;
  • customs duties;
  • import taxes; and
  • other government fees applicable to the destination.

You are responsible for providing accurate and complete billing, payment, and account information. You agree to update this information as necessary so that we can complete your transaction and contact you regarding your order.

By submitting payment information, you represent that:

  • the payment information is accurate and complete;
  • you are authorized to use the selected payment method;
  • the payment provider is authorized to charge the applicable amount; and
  • you will pay all charges shown at checkout.

Payments may be processed by Shopify Payments or other third-party payment processors. We do not directly store complete payment card details.

SECTION 6 – SHIPPING AND DELIVERY

Production and delivery timeframes displayed on the website are estimates rather than guarantees. Actual delivery times may vary depending on the product, destination, production facility, shipping carrier, customs processing, peak seasons, weather conditions, address issues, and other events outside our reasonable control.

Detailed production estimates, shipping estimates, shipping charges, and destination information are available in our Shipping Policy.

You are responsible for providing a complete and accurate shipping address. Additional charges resulting from an incorrect, incomplete, or undeliverable address may be the customer’s responsibility where permitted by law.

Risk of loss will pass in accordance with applicable law. Nothing in these Terms limits any rights you may have where a shipment is lost, damaged, or incorrectly delivered.

SECTION 7 – INTELLECTUAL PROPERTY

The Services and their original content, including our branding, website design, text, graphics, photographs, product layouts, videos, audio, icons, logos, software, and other materials, are owned by or licensed to Reachary Limited and are protected by applicable copyright, trademark, and other intellectual property laws.

These Terms grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for lawful personal use.

Except where expressly permitted by law or authorized by us in writing, you must not:

  • copy, reproduce, republish, distribute, or commercially exploit content from the Services;
  • modify, create derivative works from, or publicly display our content;
  • download or store substantial portions of the Services;
  • remove copyright, trademark, or proprietary notices; or
  • use our branding, product images, designs, or slogans without permission.

“Best Custom Gifts,” its logos, designs, and related brand elements are trademarks or brand assets of Reachary Limited or its licensors. Shopify’s names, logos, products, and services are trademarks of Shopify. All other trademarks appearing through the Services belong to their respective owners.

SECTION 8 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, applications, personalization software, payment services, shipping services, or other functionality operated by third parties.

Unless otherwise stated, third-party tools are provided on an “as is” and “as available” basis. Your use of such tools may also be subject to the terms and privacy policies of the relevant third-party provider.

We are not responsible for the independent acts, omissions, availability, or policies of third-party providers, except to the extent responsibility cannot lawfully be excluded.

SECTION 9 – THIRD-PARTY LINKS

The Services may contain links to websites, services, or resources operated by third parties. These links are provided for convenience and do not necessarily mean that we endorse or control the linked content.

We are not responsible for examining or evaluating the accuracy, security, or practices of third-party websites. Before completing a transaction with a third party, you should review its applicable terms and policies.

Complaints or questions concerning third-party products or services should be directed to the relevant third party.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

Best Custom Gifts uses Shopify to provide the ecommerce platform and checkout technology through which the Services are made available.

Products purchased from Best Custom Gifts are sold by Reachary Limited, operating as Best Custom Gifts. Shopify is not the seller, manufacturer, fulfillment provider, or customer support provider for our products.

Questions or claims concerning an order, product, shipment, return, replacement, or refund should be directed to Best Custom Gifts using the contact information provided in these Terms.

Your use of certain Shopify-powered features may also be subject to Shopify’s applicable terms and privacy practices.

SECTION 11 – PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Certain personal information may also be processed by Shopify in accordance with Shopify’s privacy practices, which can be reviewed at Shopify’s Privacy Policy.

Because the Services are hosted by Shopify and supported by other service providers, personal information may be processed or stored in countries other than your country of residence. Further information about how we and our service providers handle personal information is available in our Privacy Policy.

SECTION 12 – REVIEWS AND FEEDBACK

If you submit reviews, ideas, photographs, suggestions, feedback, proposals, or other content concerning our products or Services, collectively referred to as “Feedback,” you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, publish, distribute, and display that Feedback for operating, improving, and promoting the Services.

This license does not permit us to use private Customer Content submitted solely for product personalization in public advertising without separate permission.

You represent that:

  • you own or have permission to submit the Feedback;
  • your Feedback is accurate and reflects your genuine experience;
  • you disclose any compensation or incentive connected with the Feedback; and
  • your Feedback does not violate applicable law or third-party rights.

We may moderate or remove Feedback that is unlawful, fraudulent, abusive, misleading, defamatory, obscene, infringing, irrelevant, or otherwise inconsistent with these Terms.

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, shipping charges, delivery estimates, availability, or other matters.

We reserve the right to correct errors, update information, or cancel an order affected by a material error. If we cancel a paid order due to such an error, we will refund the amount charged for the canceled portion.

SECTION 14 – PROHIBITED USES

You may use the Services only for lawful purposes. You must not use the Services directly or indirectly:

  • for unlawful, fraudulent, deceptive, or malicious purposes;
  • to violate laws, regulations, court orders, or third-party rights;
  • to infringe copyrights, trademarks, privacy rights, publicity rights, or other intellectual property rights;
  • to harass, threaten, abuse, defame, discriminate against, or harm another person;
  • to submit false, misleading, or fraudulent information;
  • to transmit malware, viruses, spyware, or harmful code;
  • to send spam, phishing messages, unauthorized advertisements, or similar communications;
  • to impersonate another person or entity;
  • to collect personal information without authorization;
  • to interfere with the operation or security of the Services;
  • to bypass access restrictions, security controls, or fraud-prevention measures; or
  • to use the Services in a way that may expose us, Shopify, our partners, or other users to liability.

We may suspend or terminate access where we reasonably believe these Terms have been violated.

SECTION 15 – AUTOMATED ACCESS AND AGENTS

You must not use bots, scraping tools, automated data-extraction systems, or similar technologies to access or interact with the Services in a way that:

  • violates applicable law or third-party rights;
  • circumvents access controls, CAPTCHAs, rate limits, or other technical restrictions;
  • interferes with the operation or security of the Services;
  • places an unreasonable load on our systems;
  • collects personal information without authorization; or
  • copies or commercially exploits protected content without permission.

Legitimate search-engine indexing and other automated access authorized by us or permitted under applicable law are not prohibited by this section.

SECTION 16 – TERMINATION

We may suspend or terminate your access to the Services where reasonably necessary, including where you violate these Terms, engage in fraud, misuse the Services, threaten system security, or create legal or operational risk.

Termination does not affect payment obligations or rights and remedies that arose before termination.

Provisions concerning intellectual property, Customer Content, Feedback, disclaimers, limitations of liability, indemnification, governing law, dispute resolution, and any other provisions that by their nature should survive will continue after termination.

SECTION 17 – DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. Although we make reasonable efforts to keep information accurate, we do not guarantee that all content will always be complete, current, or error-free.

Except for warranties expressly provided by us or required by applicable law, the Services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, we disclaim implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that access to the Services will always be uninterrupted, secure, timely, or free of technical errors.

Some jurisdictions do not permit certain warranty exclusions. In such cases, the exclusions above apply only to the extent permitted by law.

SECTION 18 – LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Reachary Limited, operating as Best Custom Gifts, and its directors, officers, employees, affiliates, agents, contractors, licensors, and service providers will not be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits, revenue, savings, data, opportunity, or goodwill, arising from your use of the Services or products purchased through the Services.

Nothing in these Terms excludes or limits liability for:

  • fraud or fraudulent misrepresentation;
  • death or personal injury caused by negligence where such liability cannot be excluded;
  • willful misconduct;
  • breach of statutory consumer rights that cannot be excluded; or
  • any other liability that cannot lawfully be excluded or limited.

Where liability may lawfully be limited, our aggregate liability arising from a particular order will not exceed the amount you paid for the product or service giving rise to the claim, except where applicable law requires a different remedy.

SECTION 19 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Reachary Limited, operating as Best Custom Gifts, and its affiliates, directors, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, and reasonable legal expenses arising from:

  • your material breach of these Terms;
  • your unlawful use of the Services;
  • Customer Content that infringes a third party’s rights; or
  • your violation of applicable law.

We will provide reasonable notice of an indemnified claim and allow you to cooperate in its defense. We will not agree to a settlement that imposes non-monetary obligations on you without your reasonable consent.

SECTION 20 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the greatest extent permitted by law or severed where necessary. The remaining provisions will continue in full force and effect.

SECTION 21 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.

These Terms, together with the policies and rules incorporated by reference, constitute the entire agreement between you and us concerning your use of the Services and supersede prior communications or agreements relating to the same subject matter.

SECTION 22 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations as part of a merger, acquisition, restructuring, sale of assets, transfer of business operations, or engagement of an affiliate or successor, subject to applicable law.

SECTION 23 – GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements through which we provide the Services are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law principles.

Subject to any mandatory consumer protection rights or dispute-resolution rules applicable in your country or place of residence, disputes arising from these Terms or the Services may be submitted to the courts of the Hong Kong Special Administrative Region.

Nothing in this section prevents you from exercising any mandatory rights or remedies available to you under applicable consumer protection law.

SECTION 24 – HEADINGS

Section headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 25 – CHANGES TO THESE TERMS

You may review the current version of these Terms at any time on this page.

We may update these Terms to reflect changes to our Services, business practices, legal obligations, or operational requirements. Updated Terms will be posted on this page.

Where required by applicable law, we will provide notice of material changes. Changes will take effect on the date stated in the notice or, where no date is stated, when posted.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those updated Terms, except where applicable law requires additional consent.

SECTION 26 – INCORPORATED POLICIES

The following policies form part of these Terms of Service:

If there is a conflict between these Terms and a policy dealing specifically with an order, return, shipment, or cancellation, the more specific policy will apply to that subject, except where prohibited by law.

SECTION 27 – CONTACT INFORMATION

Questions about these Terms of Service may be sent to support@bestcustomgifts.com.

Store Name: Best Custom Gifts
Legal Operator: Reachary Limited
Business Address: Office Unit B on 9/F, Thomson Commercial Building, 8 Thomson Road, Wan Chai, Hong Kong
Email: support@bestcustomgifts.com
U.S. Customer Support Phone: +1 (279) 277-2979