These terms govern our service to you. Please take a moment to review our service offering.
Use of the Service and Membership is void where prohibited. By using the Service, you represent and warrant that all registration information you submit is truthful and accurate, you will maintain the accuracy of the registration information, and your use of the Service does not violate any law or regulation. We may, in our sole discretion, refuse to offer the Service to any person or entity and change our eligibility criteria at any time.
Rules and Conduct
By way of example, and not as a limitation, you shall not, or permit others to, either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content or application using any communications service or other service available on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- includes a photograph of another person that you have posted without that person's consent;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- advertises to, or solicits from any other user of the Service to buy or sell any products or services through the Service;
- covers or obscures the banner advertisements on your personal profile page, or any real-gifts.com page via HTML/CSS or any other means;
- sells or otherwise transfers your profile;
- displays an advertisement on your profile, or accepts payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as placing commercial content on your profile, or posting blogs or bulletins with a commercial purpose;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of RealGifts or any third party; or
- collects or harvests email addresses or contact information of other users and Members from the Service for the purpose of sending unsolicited emails or other unsolicited communications or for any other commercial purposes;
- uses automated scripting to collect information from the Site or to access and interact with the Site;
- impersonates any person or entity, including any officer, director, employee, agent or representative of RealGifts.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by RealGifts in its sole discretion) an unreasonable or disproportionately large load on RealGifts' (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures RealGifts may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under RealGifts' control, and you acknowledge that RealGifts is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by RealGifts or any association with its operators. You further acknowledge and agree that RealGifts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Pricing & Authenticity Guarantee
RealGifts provides competitive pricing and guarantees the authenticity of goods. Goods are generally listed at or below MSRP and at or below the prices found at major department stores. Although RealGifts does not price-match, particularly with respect to items priced elsewhere online, RealGifts guarantees the new condition and authenticity of the goods it sells. However, this guarantee does not extend to any items added to a Wish List via a third-party source where the item is not fulfilled directly by RealGifts or its partners. If you find an item sold by RealGifts that is available for less at a major brick-and-mortar retailer, please let us know at .
If you find an item sold by RealGifts that is available for less online, please be advised that while RealGifts guarantees the new condition and authenticity of its goods, other online sellers may not. Please be aware that the United States economy alone is affected by $250 to $500 billion dollars per year in estimated counterfeiting costs. Counterfeiting is the passing off of imitation products as authentic brand-name goods. Counterfeit products are typically of poor quality and lack the features that make designer goods so sought-after, such as real precious metal content, real premium materials, superior craftsmanship, or fundamental qualities such as protection against UV radiations.
In some cases, RealGifts may include a service fee that is reflected in the delivery or item price or elsewhere and this generally modest fee is due to processing costs associated with particular products and such fees may be nonrefundable as determined by RealGifts at its sole discretion. RealGifts reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by electronic mail or message delivery to you.
RealGifts shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. RealGifts shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or other payment account has been charged.
At all times, including during sale and promotional periods, a limited number of gifts are available at the listed price. Gift pricing during sale or promotional periods is only available for a limited quantity of gifts and/or while supplies last. Under no circumstance is RealGifts responsible for honoring a sale or promotional price due to an error of any kind, or if your gift purchase did not occur during the sale or promotional period. All promotional items unclaimed after 90 days will expire unless otherwise noted, and the value of such promotional items shall be the greater of zero or the amount paid for the promotional item or promotional portion of the transaction only; and such claimed or unclaimed promotional items shall have zero cash value and are not redeemable for cash in any case, and are only eligible for store credit for any balance paid by the purchaser for the promotional item or promotional portion of the transaction; and in every case that a promotional item is given to the purchaser at zero additional cost and only as an incentive to complete a transaction, those promotional items shall have zero value and may in no way be redeemed or exchanged for cash or store credit or other compensation of any kind.
The selection of gifts available in the store may include a variety of physical gifts (such as edible chocolates or wearable jewelry), electronic gifts (such as electronically-deliverable gift cards), or virtual gifts (online-deliverable graphical icons or illustrations). When you place an order, you are purchasing store credit for the recipient to apply toward their choice of available gifts, including the gift that you selected, and the gift that you selected is only a suggestion for the recipient of the gift toward which you would like the funds applied, which allows the recipient the flexibility to exchange for something different. At the time of your purchase, the recipient is notified to redeem, exchange, apply, or otherwise use the gift or store credit you have transacted. Although we aim to provide an accurate representation of the gifts on our Site, the Site's pictures, graphics, icons, and descriptions are for representative and illustrative purposes only, and the actual gifts delivered may be different than what is represented on the Site. Statements made in gift descriptions and throughout the Site have not been evaluated by the Food and Drug administration. Gifts are not intended to treat, cure or prevent any disease. Gift sales or redemptions of store credit or exchange are limited to the gifts that are available in the store at the time of your present transaction, not at the time of your original or previous transaction in the case of redemption of store credit or substitution or exchange, and may be limited geographically or categorically, and do not necessarily include gifts that may have been available at a prior date. Certain gifts, like eGifts and Wish List items added from third-party websites may not be eligible to be sent to yourself. Additionally, store credit may only be applied toward a subset of gifts available in the store, as determined by RealGifts at its sole discretion. Gifts are available in limited quantities and while supplies last.
Unless otherwise specified, gifts will be delivered to locations within the continental U.S. only. Gifts will not be delivered to P.O. Box, APO, or FPO addresses unless otherwise specified. The purchaser and/or recipient is responsible for supplying a correct and deliverable delivery address at the time of purchase and/or delivery address entry request. The purchaser is solely responsible for correct and deliverable delivery address entry. If the purchaser does not provide a delivery address, although RealGifts will attempt to contact and notify the recipient to provide the delivery address, RealGifts is not responsible for causing the recipient to provide the delivery address. The purchaser may be responsible for additional charges in the event of an incorrect or undeliverable delivery address, and in no event will a transaction be refunded in full or in part due to lack of delivery address entry, or incorrect or undeliverable address entry. Any delivery notifications issued by RealGifts may be estimates and should be seen as expected delivery dates only, and the purchaser is encouraged to follow up with the recipient to ensure gifts are received. Orders for gifts available for same-day delivery must be received and made deliverable by entry of a deliverable delivery address by 2pm Monday thru Friday and 11am weekends, in the recipient's time zone. Gifts that are not delivered on the expected day may be delivered the following day or a subsequent available day. All orders corresponding to a promotional offer are subject to additional processing time of up to one week or more based on volume, availability, and other factors.
RealGifts Content Generally
You agree that the Service contains Content specifically provided by RealGifts or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by RealGifts in writing, you shall not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, RealGifts hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to download or print any portion of the Site or the Content (excluding any software code, any Content of the Site or Service intended for the exclusive use of RealGifts or its partners, and any confidential Content) for your personal, non-commercial use; provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of RealGifts. Any use of data mining, robots or similar data gathering of the Content in the Site is strictly prohibited.
Gift arrival dates are subject to a variety of factors beyond RealGifts' control, including, but not limited to: holidays, weekends, recipient gift acceptance, recipient settings, delivery address, special shipping requirements, freshness, and availability. RealGifts cannot guarantee accurate arrival dates and is not responsible for gift arrival dates. Don't commit to a transaction unless you are ready to pay, because all sales are final. RealGifts is not responsible for inaccurate or incomplete delivery addresses. Although our delivery service providers use industry best practices, certain gifts are perishable or may be damaged or stolen if the recipient does not promptly receive or sign for the gift. RealGifts and its partners cannot be held responsible if the recipient is not available to receive the gift. RealGifts and its partners are not responsible for the condition of gifts upon arrival or for gifts that are stolen after delivery. Gift card balances are guaranteed at the time of physical or electronic delivery only, and RealGifts is not responsible for lost, stolen, or otherwise compromised physical or electronic gift cards or gift card balances. If your gift card balance was not available upon delivery of the physical or electronic gift card, you must submit your claim via email to within 7 days of delivery, and RealGifts will investigate and evaluate your claim at its sole discretion. In the event that RealGifts determines your gift card balance claim to be fraudulent, RealGifts will have no choice but to hold you responsible to the fullest extent permissible by law and to recover damages from you relating to any costs associated with replacement, investigation, or evaluation of your false claim. In the event that a gift becomes unavailable for any reason or is out of stock, RealGifts reserves the right to make reasonable gift substitutions or issue store credit, as determined by RealGifts at its sole discretion. RealGifts reserves the right to accept order cancellations at its sole discretion, and to withhold a refund processing fee not to exceed thirty percent of the total transaction amount in the event of intentional abuse or misuse of the service, as determined at its sole discretion. If a gift remains unclaimed for 14 days, the purchaser may request cancellation and receive store credit, or RealGifts may convert the gift to a store credit for the purchaser or recipient at its sole discretion, for any reason, at any time and without prior notice, in all cases less any processing fees not to exceed thirty percent of the total transaction amount. RealGifts may contribute to a charitable organization of its own selection (and charge additional standard processing fees for that transaction) all store credit amounts not claimed within 6 months of the associated transaction because RealGifts has been unable to reach either the purchaser or recipient, has not received adequate redemption instructions from the purchaser or recipient, or has not received a request to redeem such store credit. RealGifts reserves the right to disallow or cancel orders and provide refunds or issue store credit to the purchaser or recipient for any reason, at any time and without prior notice.
Returns, Replacements & Exchanges
Some gifts may be returnable, but most are generally not because items are considered used once a recipient has taken possession, such as by gift acceptance or delivery. Examples of gifts that are not returnable include eGifts, items that are perishable, special order items, and items of a personal nature. RealGifts reserves the right to accept returns that are in unused-undamaged-new condition within 14 days of purchase for full or partial store credit or exchange at its sole discretion, less a restocking fee of thirty percent or $25, whichever is greater. Items eligible for replacement will be applied at fifty percent of the original purchase price toward the equivalent replacement item, as determined by RealGifts at its sole discretion. Items fulfilled by a third-party may not be eligible for return, replacement, or exchange. Items returned without a Return Merchandise Authorization number issued and authorized via will not be accepted for return, replacement, or exchange and will be returned to the recipient at the recipient's expense or will be deemed abandoned if RealGifts does not receive instruction or payment for return shipment to the recipient plus reimbursement of $12 processing cost within 30 days and in advance of the return shipment to the recipient.
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content (including, without limitation, information, data, messages, and images) to the Service ("User Submissions"). By posting User Submissions on or at the Site or otherwise through the Service, you:
- grant to RealGifts, its affiliates and their assignees a perpetual, non-exclusive, sublicensable, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute (within the Service), make derivative works of and otherwise exploit such User Submissions in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
- represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by RealGifts (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
- acknowledge that such User Submissions may not be treated confidentially, regardless of any written, oral, or otherwise perceived statements or implications to the contrary.
You shall not provide RealGifts with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. RealGifts does not endorse and has no control over any User Submission and does not guarantee that the privacy or secrecy of any User Submission will be maintained, regardless of any written, oral, or otherwise perceived statements or implications to the contrary.
RealGifts has no obligation to monitor the Site, Service, Content, or User Submissions. RealGifts may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. REALGIFTS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL REALGIFTS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, HACKING, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
RealGifts makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and Severability
The following terms are incorporated into this Agreement by reference:
Teleflora Substitution Policy
Occasionally, substitutions of flowers or containers are necessary due to temporary, regional availability issues. If this is the case with the gift you've selected, our experienced florists will ensure that the style, theme and color scheme of your arrangement is preserved and will only substitute items of equal or higher value.
Restaurant.com Card Terms and Conditions
Patent, Copyright, and Trademark Notices
"RealGifts", the "RealGifts" logos, "Real Gifts", and "Make It Real" are either trademarks or registered trademarks belonging to RealGifts. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners. All trademarks not owned by RealGifts that appear on the Site are the property of their respective owners. RealGifts is not the issuer of any of the gift cards or other closed-loop products on the Site and is not related to any merchant whose trademarks and gift cards appear on the Site for sale.
Protection of Copyrights, Trademarks, Patents and Other Intellectual Property Rights
RealGifts respects intellectual property rights of others and requires that you do the same. You shall not upload, post, embed, link, transmit, email or make available any content or material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any person or entity. RealGifts has the right to delete or remove any material or content if RealGifts in its sole discretion believes that such material or content infringes proprietary rights of others, and has the right to terminate the membership of any user that RealGifts in its sole discretion believes to be an infringer.
You may contact RealGifts at the following address:
P.O. Box 928679
San Diego, CA 92192