Terms & Conditions

Policy

Gift Marketing Alliance will use its best efforts to resolve customer satisfaction issues in a timely manner. Gift Marketing Alliance will replace or credit the wholesale value of any part of a gift arrangement deemed to be damaged or defective. Gift Marketing Alliance warrants the gift arrangements we ship to have the look and value represented in our literature.

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Dues

Members are required to pay a monthly, non-refundable membership of $19.95 for a minimum of three months.

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Termination

Membership can be terminated at any time by either party. Cancellations must be in verbal or written form via email or fax (408) 448-1516 to Gift Marketing Alliance within 30 days of monthly dues due date. (Example: The current date is November 5th, you have faxed a termination letter to the Gift Marketing Alliance office. Your account will be terminated on December 1st at 12:00 a.m. EST and your credit card will be processed for $19.95 on November 28th for the dues of November.) The request for account termination must include; company name, GMA issued member ID and date of termination request . Before we can terminate your membership, all product images must be deleted/removed from any proprietary web sites owned by the member.

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Payments

All purchases must be paid by credit card on the date of purchase. Our credit card policy enables us to ship 'same day'. Member is solely responsible for updating credit information and accountable for any fees or charges that may occur if this does not happen.

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Orders Defined

Drop-ship orders are defined as orders placed by a GMA member (the retailer) shipping directly to a 3rd party (consumer). GMA guarantees customer satisfaction on all drop-ship orders. If the recipient is not satisfied with their order we will replace it promptly or issue credit. If a full refund is demanded, we may at our discretion, ask that the item be returned (at no cost to the recipient).

Due to the perishable nature of all our gift selections, discrepancies must be reported within (3) business days of receipt. Drop ship orders placed by 12:00 noon EST can be shipped the same day. Drop-ship orders place after 12:00 noon EST ship the next business day. Gift Marketing Alliance reserves the right to alter the cut-off time for same day shipping during peak holidays.

Dealer orders are defined as orders placed by a GMA member (the retailer) shipping directly to their location. There is a $225 minimum order requirement. Dealer orders are custom packed; we do not require items to be purchased "by the case." Dealer orders are shipped "Best Way" and all freight charges are F.O.B. New York. Shipping charges for bulk orders are significantly lower on a per item basis. Currently, the only items we ship in bulk are gift baskets.

Once a bulk order leaves our dock, the transportation company becomes responsible. Members should inspect all shipments upon arrival and note damages on the shipping papers before signing. Members should alert GMA immediately of any damage. If an inspection is required, GMA will assist the member in following proper procedure.

Dealer orders typically ship from our warehouse within 3 days from the date the order was placed. Dealer orders may be suspended during holiday peaks to reserve capacity for drop-shipments.

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Our Guarantee

GMA guarantees customer satisfaction, we are here to serve you. Due to the perishable nature of our gift selections, discrepancies must be reported within (3) business days of receipt. If your customer is not satisfied with their order we will replace it at our discretion, choose to replace it promptly or issue credit. If a full refund is demanded, we may at our discretion, ask that the item be returned. During the summer months, you ship chocolate products at your own risk.

  • All discrepancies must be reported within 72 hours of receipt
  • Claims for orders returned due to incorrect address information will not be honored. Furthermore, GMA will charge members for any additional fees billed to GMA by the shipper for product cost, shipping cost or address correction cost.
  • For product shipping to HOSPITALS, HOTELS, COLLEGES, or any similar locations, where delivery is attempted to the street address provided by the sender, on the date specified, there is no guarantee that the package will be delivered to the intended recipient or company. GMA assumes no liability for product that is lost within the delivery building, fails to be delivered by the employees or arrives after the recipient has vacated the premises. Gift Marketing Alliance offers no guarantee under these circumstances and absolutely no refunds will be issued.

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Substitutions

  • Fresh Flowers / Blooming Plants: It's up to Mother Nature. If due to crop failures or poor weather conditions a particular flower, plant or color choice is not suitable, we will send a fresh selection of equal or greater value.
  • Gift Baskets: Based on season and availability, we reserve the right to make component substitutions using items of comparable or greater value.

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Fulfillment

Upon receipt of orders, Gift Marketing Alliance shall utilize best efforts to fulfill such orders, however, if orders can not be fulfilled, Gift Marketing Alliance shall advise member of the inability to fulfill said within (1) business day.

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Indemnification

To the extent permitted by law, members agree to indemnify, defend and hold harmless Gift Marketing Alliance, Inc, its successors or assigns from and against all claims, demands, liabilities, suits, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law, including but not limited to attorney's fees, defense costs and equitable relief, for any damage or loss incurred by Gift Marketing Alliance, Inc. arising out of, resulting from, or attributable to any acts or omissions or other conduct of members in connection with the performance of member's duties under the Terms and Conditions. This indemnity shall not be construed to limit Gift Marketing Alliance, Inc. rights, if any, to common law indemnity. Gift Marketing Alliance, Inc. has the right to collect reasonable attorney fees and legal costs incurred in its defense from the members for any legal procedure.

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Jurisdiction and Venue

Any action or judicial proceedings arising from the Terms and Conditions or any of the provisions contained herein, whether added to, or revised, by Gift Marketing Alliance, Inc. shall be instituted and governed by the laws of Santa Clara County, State of California.

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