Terms & Conditions

Introduction

Welcome to Gifthxs, operated by GIFTHXS CONCEPT STORE (003583714-P), a company registered in Malaysia (Company Registration Number 949017-T) with its registered office at 43-2, No 43, 2, Jalan Temenggung 21/9, Bandar Mahkota Cheras, 43200 Cheras, Selangor Darul Ehsan, Malaysia. Throughout this document, "Gifthxs," "we," or "us" refers to our company. Please take the time to carefully review the following Terms and Conditions, as they constitute a legal agreement between you and Gifthxs. These Terms and Conditions may be subject to periodic revisions at our sole discretion without prior notice. By accessing our website (https://www.gifthxs.com/) and using our products and services, you acknowledge your understanding and acceptance of these Terms and Conditions.

Acceptance of Terms

By using our website, products, and services, you agree to abide by these Terms and Conditions. If you do not agree with these terms, please refrain from accessing or using our website and refrain from placing orders for our products and services. Should you have any questions regarding these Terms and Conditions, please contact us at [email protected].

Modifications

Gifthxs retains the right to modify these terms and conditions at any time, with or without prior notice to our customers. It is your responsibility to stay informed and periodically review these terms and conditions to ensure a comprehensive understanding of your rights and privileges.

1. Account Registration

1.1 Registration Process

The use of our Website does not mandate account registration. However, in order to purchase our products and services, account registration is required. This registration process is quick, easy, and free of charge. An email address is the only requirement for registration, and by providing your email address, you grant Gifthxs permission to contact you for the purposes outlined in these Terms and Conditions.

1.2 Consent to Terms and Conditions

During the account creation process on the Website, you will be prompted to provide your consent to these Terms and Conditions. By ticking the acceptance box, you signify your agreement to these Terms and Conditions, as well as your acceptance of Gifthxs and our trusted partners' collection, utilization, and disclosure of your Personal Data. For detailed information on how we collect and safeguard your personal data, please refer to our Privacy Policy.

1.3 Age Requirement

To register an account with Gifthxs, you must be 18 years of age or older. If you are under 18 years old, any interactions with Gifthxs must be conducted through your parent(s) or legal guardian(s).

1.4 Legal Entity Representation

If you are registering on behalf of a legal entity, you additionally confirm that you have the authorization to act on behalf of that legal entity in order to enter into contractual agreements, bind the legal entity to these Terms and Conditions, and register an account on behalf of the legal entity. Within these Terms and Conditions, all mentions of "you" and "yourself" pertain to the account holder, whether an individual or another legal entity.

1.5 Accuracy of Information

You commit to providing accurate, current, complete, and truthful information about yourself and pledge to promptly update this information when necessary. Any misinformation or inaccuracies found may result in the suspension or termination of your account. Gifthxs will not assume responsibility for any costs incurred due to disputes arising from incorrect information entered by you.

1.6 Account Security

You are responsible for all products and services ordered through your account and are obligated to safeguard and protect your account information securely. In the event that you suspect unauthorized account use or potential credential compromise, you must immediately notify Gifthxs in writing. If any products and services were ordered using a compromised account, Gifthxs will conduct an investigation, and you may still be held accountable for any associated costs.

1.7 Compliance with Legal Requests

Gifthxs will adhere to lawful requests and court orders requiring the release of information to law enforcement, relevant enforcement bodies, or as part of ongoing legal proceedings.

1.8 Account Termination

To terminate your account, please contact us at [email protected].

2. Ordering

2.1 Submission of Orders

All orders must be submitted through our online platform.

2.2 Product and Service Availability

The availability of all products and services is subject to change. Gifthxs retains the right to decline orders that do not adhere to the terms and conditions as outlined on the Gifthxs website.

2.3 Confirmation of Orders

Orders are considered confirmed once you receive a written order confirmation from Gifthxs.

2.4 Payment Requirements

Orders will not be processed if payment is unsuccessful.

2.5 Colour Proofing and Proofreading

At Gifthxs, we don't offer color proofing or proofreading services. Nevertheless, we provide a complimentary online review and approval service before your order proceeds to printing.

2.6 Product and Service Variability

Gifthxs's products and services may undergo alterations at any time due to ongoing product development. Therefore, Gifthxs cannot guarantee that identical products and services will be available when reordering at a later date.

3. Payment

3.1 Accepted Payment Methods

Gifthxs accommodates various payment methods, which include Credit Card, bank transfer, and e-wallet. By selecting a payment method, you affirm the following:

3.2 Validation of Payment Method

Gifthxs reserves the prerogative to request and validate your payment method before processing your payment. Should the transaction be declined, the associated order may be nullified.

3.3 Fraudulent Deposits/Payments

Gifthxs will take legal action against any user suspected of making fraudulent deposits or payments. Membership termination and a ban from further use of our services may also be enforced.

3.4 Payment Timelines

Please be mindful of differing payment timelines. Orders are contingent upon processing once funds have cleared.

3.5 Pricing and Taxes

Prices on the Website are denominated in Malaysian Ringgit and, where applicable, include tax. You are responsible for any additional taxes or customs duties, if applicable.

3.6 Inclusions and Exclusions in Pricing

The price incorporates packaging and delivery charges but excludes shipping insurance. Any alterations requested by you subsequent to order confirmation may entail extra costs.

4. Pricing

4.1 Inclusion of SST

All prices displayed on our Website are comprehensive of Sales and Service Tax (SST).

4.2 Free Delivery

Free delivery applies only to West Malaysia. For East Malaysia and other locations, a small additional charge will apply.

4.3 Pricing Consistency for Exact Reprints

Exact reprints are subject to charges at the same price as the original order.

4.4 Subject to Change

Please be advised that services, products, and pricing may undergo alterations periodically.

4.5 Coupon and Promotional Price Discretion

Gifthxs retains the right to nullify or dismiss coupons or promotional prices without being obliged to provide a rationale.

4.6 Regional Price Variance

It is important to note that prices may vary between West Malaysia and East Malaysia.

5. Shipping & Delivery

5.1 Shipping Address Obligation

All goods are dispatched to the shipping address registered by you using Gifthxs's designated courier service provider. The shipping address must be correctly provided at the time of order submission.

5.2 Responsibility for Address Accuracy

Gifthxs will endeavor to ensure that the order is delivered to the specified address. Should the address provided be inaccurate or outdated, Gifthxs bears no responsibility for any associated delivery costs.

5.3 Delivery Confirmation

Certain delivery services may make confirmation calls before delivering and proceed with the delivery upon successful confirmation. To ensure prompt delivery, kindly provide a local phone number that can be reached outside standard business hours. Failure to do so may lead to delivery delays.

5.4 Transport Method and Delivery Service Selection

Gifthxs retains the right to determine the transportation method and appropriate delivery service for each order.

5.5 Partial Shipments

Gifthxs reserves the right to decide whether to ship orders in one complete package or as separate installments. In the rare instance of a delay in one installment, you agree that this should not warrant a return of other installments.

5.6 Date Send Commencement

The Date Send initiates when the print job is finalized and dispatched from our premises. The Date Send displayed in the shopping cart takes into account Gifthxs's off days and weekends but excludes public holidays specific to your state.

5.7 Delivery Window and Accountability for Delays

Gifthxs strives to meet the delivery window specified, which may extend beyond regular working hours. While our team is dedicated to ensuring the success of every delivery, please note that Gifthxs cannot be held responsible for losses or expenses incurred due to delivery delays.

5.8 Goods Packing and Responsibility

Goods are packed according to Gifthxs's standard packaging. Once the goods have left our premises, they cease to be the responsibility of GIFTHXS CONCEPT STORE (003583714-P).

5.9 Inspection and Reporting Damages

You are responsible for inspecting received products and services on delivery and confirming their freedom from apparent defects or damage. Should you observe damages during inspection, you must explicitly document the damages and send a signed report to Gifthxs within 7 days of delivery. No complaints regarding defects or damaged goods will be entertained after this 7-day period.

5.10 Acceptance of Short or Delayed Delivery

You agree not to refuse delivery based on a short or delayed delivery.

5.11 Claims for Loss Parcel

Any claims for loss parcels with Gifthxs must be initiated within 5 working days of the anticipated delivery date.

5.12 Actions Leading to Delays

Common actions that may contribute to delivery delays include:

Late submission of documents related to your payment method (e.g., confirmation of bank transfer).
Re-uploading assets after the deadline has lapsed.
Uploading faulty assets that require correction.
Delayed approval or non-approval of online proofs.
Providing false, inaccurate, outdated, or incomplete delivery addresses or other necessary information.

Gifthxs will not be held liable for costs arising from these actions.

5.13 Discrepancies in Quality or Quantity

Should there be any disparities in the print quality or quantity of goods, please contact us at [email protected].

6. File Upload & Online Proofing

6.1 Online Proof Inclusion

The online proof is an integral part of your purchase and is provided at no additional cost. Its primary purpose is to verify the placement of all elements and information; it is not intended for assessing color accuracy. As such, there may be notable differences in color accuracy compared to the final product.

6.2 Responsibilities During Online Proofing

When reviewing the online proof, exercise vigilance to identify and rectify avoidable errors before granting artwork approval. This encompasses, but is not limited to:

While Gifthxs's design team endeavors to be attentive to these matters, they cannot be held liable for the aforementioned issues.

6.3 Copyright and Asset Upload

By uploading assets such as logos, text, and images, you assert that you possess full copyright ownership and the requisite rights and authority to employ these assets without infringing on any trademarks, copyrights, or other rights.

6.4 Notification of Issues

If issues are identified in your asset files, you will receive a notification email prompting adjustments to the file. Should the problems be resolvable by our team of experts, the email will include a link for you to purchase the Artwork Fixes service at an additional fee.

6.5 Artwork Fixes and Recalculation of Deadlines

Our team will strive to complete the process within 1 to 2 working days after your purchase of the service. The deadline will be reevaluated once the amended file is uploaded.

6.6 Asset Resubmission

If it becomes necessary to resend asset files or logos to Gifthxs, this must be done within 7 working days after receiving a "Pending" notice. The deadline will be adjusted after the updated file is uploaded.

6.7 Importance of Prompt Communication

For expeditious processing, timely communication is crucial. Responsiveness to meet feedback deadlines is essential, as delays may impact your order. In the event of no feedback within 7 days, we reserve the right to cancel the order, and you may be held responsible for incurred costs if these were initiated at your request.

6.8 No Liability for Approved Designs

Upon your approval of the final design, you acknowledge that Gifthxs bears no responsibility for any errors within the design, including spelling and grammatical mistakes.

7. Deviations

7.1 Color Deviations

While we strive to maintain the highest quality in our products and services, it's essential to acknowledge that color deviations may arise due to variations in techniques and materials. When placing an order with Gifthxs, you accept certain limitations regarding color accuracy, including, but not limited to:

No guarantee for exact color matching between the screen or online proof and the final printed colors. Significant shifts may occur when transitioning from screen-calibrated RGB to printer-based CMYK profiles. Additionally, different screens may display colors differently, regardless of the color profile.
No assurance of the same colors as previous print runs.
Up to a 5% deviation from the digital proof colors.
Variations in color within a print run, including differences between the first and last pages.

7.2 Physical Dimensions Deviations (Size/Cutting/Etc.)

Variations in physical dimensions may occur, including:

Up to a 3mm size deviation.
Up to a 2mm cutting position variance.
Orders may be printed with up to a 5% variation in size.
Folding positions may deviate by up to 1mm.
Imperfect hot stamp, spot UV, or embossing registration may have up to a 0.5mm deviation.

7.3 Quantity Deviations

Gifthxs cannot guarantee that every order will precisely match the quantity of items ordered, and there may be slight deviations in either direction.

7.4 Folding Finishing

Folding paper products can sometimes result in minor paper cracks along the fold lines, which may be more noticeable on solid colors. These cracks are inherent to paper fibers' nature and cannot be entirely avoided.

7.5 Code Scanning

Gifthxs will not assume responsibility for scanning failures when dealing with artwork containing scanning codes (QR Codes, Barcodes, etc.).

7.6 Paper Material

There may be variations in print outcomes between uncoated and coated paper. Colors on paper materials might exhibit slight differences, regardless of whether they have the same or different grammage. Variations in paper stiffness can also occur due to differences in fiber structure arising from separate production lots. While some level of deviation is inevitable, we remain committed to making every effort to address these issues and ensure that the final outcome remains as faithful as possible to the original design. Please note that we do not accept any product rejections related to the aforementioned deviations.

8. Return, Refund & Reprint

At Gifthxs, our foremost aim is your satisfaction. If, for any reason, you are dissatisfied with our products and services, please don't hesitate to contact us at [email protected] within 7 working days of receiving your order. When reaching out, kindly provide your order number and the reason for your concern. Our Customer Service team will thoroughly assess your request and collaborate with you to address your needs.

8.1 Return Conditions

Please be aware that returned items will only be accepted if there are specific grounds for return.

8.2 Refund and Reprint Policy

We will initiate a reprint or refund solely in cases where a print job fails to meet the conditions outlined in the General Expectations of Printing Outcome (as per our Terms & Conditions, clause #7). It is important to note that we do not assume responsibility for errors in typing, images, or design introduced by customers during the artwork or document creation process. To keep costs competitive and pass the savings on to our customers, Gifthxs does not engage in content or spelling reviews. In no event shall GIFTHXS CONCEPT STORE (003583714-P). or its subsidiaries, officers, directors, shareholders, or employees be liable for any special, indirect, or consequential damages or any type of errors or rejections, whether or not the party has been informed of the possibility of such damages or rejections, arising from or related to the actions of a Gifthxs Customer. These terms and conditions constitute the entire agreement governing the registration of customers in the Gifthxs user program.

8.3 Reprinting Defective Products

Reprinting of defective products and services may be considered, subject to feasibility. To facilitate this process, you must return the full quantity of the defective goods. The production lead times for reprints will remain the same, with no alterations allowed to the artwork.

8.4 Refund Method

In the case of a refund, only the original payment method or bank account used for the initial payment will be accepted. This refund request will need to be approved by Gifthxs management and will be processed within 14 days.

8.5 Limitation of Liability

To the extent permitted by applicable laws and regulations, Gifthxs's liability for non-compliance with applicable laws and regulations, or for any claims arising from your interaction with us, is limited to the following options:

Replacement of the goods or resupply of the products and services, or an equivalent substitute, at our sole discretion.
Repair of any defective goods.
Payment of the cost of replacing the goods or acquiring an equivalent product or service, as deemed suitable at our sole discretion.
Payment of the cost of repairing defective goods.

8.6 Exemption from Liability

Gifthxs bears no responsibility for any loss, damage, costs, or expenses arising directly or indirectly from any failure or delay in fulfilling obligations under this contract. Such situations include, but are not limited to, strikes, power failures, governmental restrictions, acts of nature, and disruptions in electronic and computer information and communication systems.

9. Vendor Partnership Terms

9.1 Vendor Conduct and Responsibilities

Vendors agree to uphold professionalism and adhere to Gifthxs standards in all interactions and submissions. Vendors must follow Gifthxs’ content guidelines and refrain from unauthorized promotions or interactions that could harm the Gifthxs brand or reputation.

9.2 Intellectual Property Rights for Vendor Submissions

Vendors retain the copyright of all submitted designs but grant Gifthxs a non-exclusive, royalty-free license to reproduce, market, and sell the designs on its platform. Vendors are responsible for ensuring all content adheres to copyright and intellectual property standards, including proper ownership of any depicted elements or trademarks.

9.3 Submission Guidelines and Approval

Vendors must follow Gifthxs’ format requirements, including template usage and quality standards, when submitting designs. Each submission undergoes a review process, and Gifthxs reserves the right to request revisions to ensure the product aligns with branding and market preferences.

9.4 Vendor Partnership Termination

Either party may terminate the partnership at any time with prior written notice. Upon termination, Gifthxs will retain the right to sell any approved submissions while the vendor retains copyright ownership. Vendors who wish to remove content must provide 30 days' notice, and Gifthxs will remove the content within a reasonable period.

9.5 Vendor Payment and Dispute Policy

Vendor commissions are processed monthly, with payments made to the vendor's registered account, typically via PayPal. If discrepancies or payment issues arise, vendors must report these within 14 days. Gifthxs will investigate and respond within 30 days, working to resolve disputes in a fair and timely manner.

10. Additional Information to Note

10.1 Intellectual Property

You acknowledge that the content provided by Gifthxs, encompassing text, software, music, sound, photographs, videos, and any other materials, may be protected by trademarks, patents, copyrights, or other intellectual property rights. Gifthxs is the rightful owner of its trademarks, as well as all information, documents, images, and materials within the Website. Any unauthorized reproduction is subject to legal penalties.

10.2 Indemnification

By accepting these Terms and Conditions, you agree to defend, indemnify, and hold Gifthxs, its affiliates, officers, directors, employees, attorneys, and agents harmless from any claims, costs, damages, losses, liabilities, and expenses (including legal costs and expenses) arising from:

10.3 Data Protection

Your Personal Data is collected, used, or disclosed for various purposes, including:

Providing products and services.
Managing your account.
Processing payments.
Addressing queries, complaints, and feedback.
Sending marketing and promotional offers.
Conducting market research.
Facilitating business asset transactions.
Protecting and enforcing legal rights.

You consent to the use of your contact details for promotional and marketing offers regarding our products and services. To manage your Personal Data, you can contact Gifthxs's Data Protection Officer at [email protected].

10.4 Rejection Due to Inappropriate Content

Gifthxs reserves the right to reject any orders for products and services if the content is deemed inappropriate, which includes unlawful, harmful, threatening, pornographic, discriminatory, profane, or offensive material, as well as content contrary to moral and decent standards.

10.5 Communications

All communications with Gifthxs should be directed to [email protected] via email.

10.6 Website

Gifthxs is not liable for costs resulting from any Website errors or unavailability. The content on the Website, including these Terms and Conditions, may be modified at our discretion without prior notice. If you disagree with any modified Terms and Conditions, please refrain from accessing the Website or placing orders for products and services.

10.7 Remedies and Waivers

The rights and remedies outlined in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by applicable laws and regulations. No failure or delay by Gifthxs in exercising any right, power, or privilege shall constitute a waiver of that right, power, or privilege. No partial exercise of any right, power, or privilege by Gifthxs shall preclude further exercise of that right, power, or privilege or the exercise of any other right, power, or privilege.

10.8 Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia. By accessing this Website or purchasing products and services through it, you hereby consent to the exclusive jurisdiction of the courts of Malaysia.