Terms of Service – Finn & Co. Gifts

Terms of Service

Welcome to Finn & Co. We are so glad you are here and interested in the gift of Finn the Panda to help comfort babies and bond them with their parents, even when they are apart.

By using the Finn & Co. Gifts website and services you are agreeing to comply with all terms of service.  These terms of service are in place to protect you and Finn & Co., so please review them carefully.  Please review the terms of service, refund policy, and privacy policy before using or accessing our website.

ACCEPTANCE OF TERMS

By accessing the Finn & Co. Gifts website you are agreeing to comply with all of the following Terms and Conditions and are therefore bound to the terms and conditions as set forth. The Terms and Conditions set forth below apply to all users of the site, including but not limited to customers, blog followers, merchants,vendors, browsers, and contributors of content.  If you do not agree to the Terms and Conditions as set forth, then you may not use or access the site.  By accessing the website, you understand, acknowledge and agree to a legal bound agreement between you and Finn & Co. Gifts.

SHIPPING

Please allow 5-7 business days for delivery. If you need your order on or by a specific date please email us at michelle@finnandcogifts.com and we will try our best to make it happen.

We ship via USPS Priority Mail. We may ship gifts using another carrier with or without notice.  Final shipping costs will be displayed when you are completing your order and may vary depending on the weight of your gift(s).  If you are in the Inland Northwest you may request to pick up the package or we may hand deliver it.  

RETURNS

Given the nature of the product(s) we do not accept returns unless the product arrives damaged or defective. Otherwise, ALL SALES ARE FINAL.  If any of the items(s) were damaged in transit, please notify us immediately at michelle@finnandcogifts.

REPLACEMENT OF DAMAGED ITEMS

Items may only be replaced if they are found defective or damaged.  If you need to exchange a damaged or defective item you must submit a request to michelle@finnandcogifts.com within 10 DAYS of receiving the gift or subscription box. Due to the uniqueness of each box, we cannot guarantee replacement of the same exact product.  Please note that items may shift during transit and this is not considered damaged or defective.  If applicable, send your item to 8796 W Driftwood Dr Coeur D’Alene, ID 83814.  Depending on where you live, the time it may take for your exchanged products to reach you, may vary.

GENERAL CONDITIONS

Finn & Co. Gifts is on a mission to help care for babies and their families during challenging times. We want our community to help spread that care in words and actions. We reserve the right to monitor, edit, or remove content for any reason, at any time. We are not liable for any comments posted by you or any third party.

Finn & Co. reserves the right to refuse service to anyone, for any reason, at any time. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may limit or cancel quantities purchased per person, per household or per order. These restrictions include orders placed by or under the same billing information, customer account, or shipping address. If we need to make changes to or cancel an order, we may attempt to notify you through the listed email address, billing address, or phone number provided.

FINN & CO. DISCLAIMER

 Finn the Panda is not a medical device and Finn & Co. is therefore not guaranteeing any medical outcomes. Finn the Panda is safe for children and conforms to the requirements pf ASTM Standard Consumer Safety Specifications on Toy Safety, F963-17.


LIMITATION OF LIABILITY

FINN & CO. AND ANY OF ITS AFFILIATES OR SUBSIDIARIES ARE IN NO EVENT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE, OR INFORMATION OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION.  FINN & CO. IS NOT RESPONSIBLE FOR ANY PROBLEMS THAT MAY ARISE FROM THE USE OF A PRODUCT.  THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT FINN & CO. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.


INTELLECTUAL PROPERTY PROTECTION

Finn & Co. reserves the right to promote or publish images of finished products on our website, social media and blogs. We reserve the right to include discreet business cards inside all of our packaging. By submitting any comments, feedback, creative ideas, suggestions, proposals, plans or materials to Finn & Co. through any form of contact, you are agreeing that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any of the above in any medium.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products, website, blog or any other information provided by Finn $ Co., it affiliates, vendors, associates or otherwise without express written permission by us.

CORRESPONDENCE

Finn & Co. will correspond with the customer via the email address or phone number given at checkout. We are not responsible for the lack of communication due to outdated contact information.

MODIFICATIONS PRODUCTS/SERVICES

Finn & Co. reserves the right to change prices of products/services at any time without notice. We reserve the right to modify or discontinue any products or services (or any part of content thereof) without notice at any time. Finn & Co. is not liable to you or to any third-party for any modification, price change, suspension or discontinuance of any products or services.

 DISCLAIMER OF WARRANTIES

Finn & Co. does not guarantee that our service will be void of typographical errors, inaccuracies or omissions that may relate to products, services, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).  We assume no responsibility to update, amend or clarify information, including without limitation, pricing information, except as required by law.

You agree that products and/or services of any kind may be removed at any time, for any amount of time. You agree that your use of, or inability to use, the services or product is at your own risk. The service and all products and services are provided as is and as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall Finn & Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products, procured using the service, or for any other claim related in any way to your use of the service of any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend or hold harmless Finn & Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney fees, made by an third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determinations shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 ENTIRE AGREEMENT

 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Coeur D’Alene, Idaho 83814. Customer hereby consents to jurisdiction in Coeur D'Alene, Idaho for any dispute under these Terms of Service.

CHANGES TO TERMS OF SERVICE

You can review the most current versions of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is our responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at michelle@finnandcogifts.com