THANKFUL LLC — TERMS AND CONDITIONS

Definitions
“Buyer” means the person or business purchasing a Thankful gift basket or related product.
“VIP (Gift Recipient)” means the person receiving the gift, whom Thankful may contact for follow-up.
“Guarantee” means Thankful’s 30-Day Review or Referral Guarantee, available only for qualified business clients.
“Production Start” means the date design proofs are approved by the Buyer through the post-purchase confirmation form.
“Design Approval” means Buyer’s written or electronic confirmation that personalization details are correct.

Online Store Terms
By placing an order you confirm you are legally able to enter into this agreement and legally able to purchase in your jurisdiction.
You will not use Thankful LLC products or services for any unlawful purpose.

Guarantee Policy (Business Clients Only)
Thankful LLC guarantees that the Buyer’s client (VIP) will provide either (a) a verified 5-star review or (b) a referral within 30 days of gift delivery. If not, Thankful LLC will refund the Buyer in full.

The Guarantee applies only if all conditions below are met:
a. The Buyer completes the post-purchase form within two (2) business days of receiving it.
b. The Buyer supplies accurate and complete VIP contact information and grants permission for Thankful LLC to contact the VIP for follow-up.
c. The Buyer’s own contact information is valid and responsive.
d. The Buyer did not provide unethical, negligent, or clearly poor service to the VIP such that a positive review would be unreasonable.
e. Thankful LLC is able to make follow-up call(s) or email(s) to the VIP.

If any condition is breached the Guarantee is void. Thankful LLC determines eligibility using recorded communication and documented evidence.

The Guarantee is only for business client gifts. Personal (“personal gift,” “family gift,” “friend gift,” etc.) orders are not covered.

Accuracy of Information
The Buyer is fully responsible for the accuracy of all order details, shipping addresses, contact data, and personalization content.
Thankful LLC is not liable for delays, loss, misdelivery, or costs caused by inaccurate or incomplete information.
Any re-ship, re-engrave, or re-production caused by inaccurate information may be billed to the Buyer.
If inaccurate or false information prevents fulfillment or prevents Thankful from contacting the VIP, the Guarantee is void.

Production and Shipping
Production begins only after Design Approval is received.
Orders ship within three (3) business days of Design Approval, excluding weekends and holidays.
Shipments go via UPS or FedEx.
Once a package is transferred to the carrier, Thankful LLC is not responsible for carrier delay, damage in transit, weather interruption, or other third-party failure.

Damage, Replacement, and Returns
All items are custom and made-to-order. Returns are not accepted.
If an item arrives damaged or incorrect, the Buyer must notify Thankful LLC within 48 hours of delivery and provide clear photo evidence.
Verified damaged or incorrect items will be replaced at no cost.
If replacement is not reasonably possible, Thankful LLC may issue a refund limited to the affected item(s).
This is the Buyer’s exclusive remedy.

Order Acceptance and Quantity Limits
Thankful LLC may refuse or cancel any order at any time for any reason.
Thankful LLC may limit quantities per customer, per company, per address, or per transaction.
If an order is modified or canceled, Thankful LLC may attempt to notify the Buyer using the contact information provided at checkout.
Thankful LLC may block orders that appear to be placed by resellers or distributors.

Billing and Account Information
The Buyer agrees to provide current, complete, and accurate billing information for all purchases, including payment method, email, phone, and shipping address.
The Buyer agrees to promptly update this information so orders can be processed and the Buyer can be contacted as needed.
If payment is declined or flagged as fraudulent, Thankful LLC may cancel the order.

Recording and Data Retention
Thankful LLC records follow-up communications (phone, email, or other outreach) related to the Guarantee and client experience.
These records are stored for three (3) years for quality control, proof of performance, and dispute resolution. After that they are deleted.
By providing VIP contact information the Buyer confirms they have the right to share that information and authorizes Thankful LLC to contact the VIP regarding service experience, review, and referral.

Photo and Media Use
If the Buyer or VIP provides images, testimonials, notes of appreciation, or other feedback to Thankful LLC, the Buyer grants Thankful LLC a non-exclusive, royalty-free license to use that content for marketing, case studies, and social proof.
The Buyer may revoke this license in writing. Upon written revocation Thankful LLC will cease new use and will remove reasonable recent uses within 10 business days.

Prohibited Uses
The Buyer may not use the site or any Thankful LLC service to:
a. Violate any law.
b. Harass, abuse, defame, or threaten any party including a VIP.
c. Submit false, misleading, or fraudulent information.
d. Upload, transmit, or distribute malware or malicious code.
e. Scrape, crawl, or attempt unauthorized access to non-public parts of the service.
f. Interfere with security features, rate limits, or access controls.
Thankful LLC may suspend or terminate access for any prohibited use.

Force Majeure
Thankful LLC is not liable for delay or failure caused by events outside its reasonable control. This includes natural disasters, carrier disruptions, labor disputes, power failure, or government actions.

Disclaimer of Warranties
The service, website, and all products are provided “as is” and “as available,” except where explicitly stated in these Terms.
Thankful LLC does not guarantee uninterrupted, timely, secure, or error-free operation of the website or checkout flow.
To the maximum extent allowed by law, Thankful LLC disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability
To the maximum extent allowed by law, Thankful LLC’s total liability for any claim related to an order is limited to the total amount actually paid for that order.
Thankful LLC is not liable for indirect, incidental, punitive, special, or consequential damages. This includes lost revenue, lost business opportunity, or reputational harm.
Some jurisdictions do not allow certain limitations. In those jurisdictions liability is limited to the maximum extent allowed by law.

Indemnification
The Buyer agrees to indemnify, defend, and hold harmless Thankful LLC and its owners, officers, employees, and agents from any claim or demand (including reasonable attorney fees) arising out of:
a. the Buyer’s breach of these Terms,
b. the Buyer’s misuse of Thankful LLC products or services,
c. inaccurate information provided by the Buyer, or
d. any dispute between the Buyer and the VIP that is unrelated to Thankful LLC’s performance.

Termination
Thankful LLC may suspend or terminate service, refuse future orders, or block access to the site if it believes the Buyer has violated these Terms or engaged in fraud, abuse, or prohibited conduct.
The Buyer remains responsible for all charges incurred before termination.
Sections that logically survive termination (including but not limited to Accuracy of Information, Guarantee Policy, Limitation of Liability, Indemnification, and Governing Law) will continue to apply.

Severability
If any term is found unlawful, void, or unenforceable, that term will be enforced to the fullest extent allowed and the rest of these Terms will remain valid.

Governing Law and Venue
These Terms are governed by the laws of the State of Georgia, United States of America, without regard to conflict-of-law rules.
All disputes will be handled exclusively in the courts of Hall County, Georgia.

Entire Agreement
These Terms, plus any written order confirmation and any written design approval, form the entire agreement between the Buyer and Thankful LLC and replace any prior verbal or written representations.

Modification of Terms
Thankful LLC may update these Terms at any time. Updates are effective when posted on the Thankful LLC website. Continued purchasing after changes means you accept the updated Terms.

Attorney Fees
If Thankful LLC prevails in a legal action arising from these Terms, Thankful LLC may recover reasonable attorney fees and associated costs from the Buyer.

Acceptance of Terms
Placing an order through Thankful LLC’s website or authorized sales channel means the Buyer agrees to these Terms in full.
A link to these Terms will appear at checkout and in the order confirmation email.