Terms and Conditions

Use of Website

This website is operated by Marigold & Grey Inc. Throughout the site, the terms “we”, “us” and “our” refer to Marigold & Grey Inc. MarigoldGrey.com ( the “Website”) is intended for sole use by those wishing to review, consider, purchase or otherwise engage in commercial transactions involving Marigold & Grey Inc. By visiting our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site including but not limited to browsers, vendors, customers, merchants, and/or contributors of content. We reserve the right to refuse service to anyone for any reason at any time.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Please read these Terms of Service carefully before accessing or using our Website.

Intellectual Property

Marigold & Grey gift designs are the sole property of Marigold & Grey. Gifts may not be resold without written permission from Marigold & Grey. Gift designs may not be altered in any way and still presented as Marigold & Grey via social media, blogging or any other public forum.

Changes to Terms & Conditions

Marigold & Grey Inc. reserves the right to update or modify these Terms & Conditions at any time without prior notice. Any changes will become effective upon posting. Your access or use of the MarigoldGrey.com website following any such change constitutes your agreement to follow and be bound by the Terms & Conditions as changed. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Food Allergy Disclaimer

Food products that Marigold & Grey provides are generally labeled with possible allergen-containing ingredients from the manufacturer. Any non-labeled food always has a risk of possible allergen contamination. All clients and their guests are encouraged to read the labels before consuming. Marigold & Grey will not assume any liability for adverse reactions to food consumed including labeled and non-labeled food products.

Substitutions

We pride ourselves on working with small-batch and local artisan businesses and as a result, certain items can become unavailable on occasion. In the event an item is unavailable at the time of being ordered, we will contact you to inquire about substitutions. If we do not hear back within 4 business days, we’ll take one of the following actions: 1/ Substitute with an item of equal or greater value and as close to your original item as possible. 2/ If your item is especially unique and an appropriate substitution doesn’t exist, we’ll omit the item and issue a credit.

Warm Weather Shipping

For Fedex orders during warm weather months (May 15th – Sept 30th), a $10 charge will automatically be added for cold packs. The $10 is only added to orders containing food items subject to melting. Any items requiring the cold packs will be clearly designated as such in the item description within the Website. Please note that ordering items subject to melting is at your own risk. Quality upon delivery of these items cannot be guaranteed by Marigold & Grey. Marigold & Grey will not issue refunds as a result of melting regardless of the time of year even if cold packs were used. 

Product Packaging

On occasion, manufacturers may update their product packaging and ingredient lists. As a result, actual product packaging may differ from what is displayed on MarigoldGrey.com. It is the responsibility of the client and guests of the client to always read labels, warnings, and directions before using or consuming a product. For most current and/or additional information about a product, please contact the manufacturer.

Product Images

Marigold & Grey has made every effort to display as accurately as possible the images of its products that appear at the Site. We cannot guarantee that your computer monitor’s display of any product will be completely accurate.

Return Policy

All orders are final sale and non-refundable. If your order arrives and you’re not satisfied, please contact us immediately and we will work with you to make sure you are completely satisfied.

Hotel Delivery

While we do our best to communicate directly with the hotel on your behalf, we are not responsible for welcome gifts after they have been delivered and signed for by hotel personnel. It is the responsibility of the personnel of the hotel to notify the guest that there is a gift at the front desk and/or present the hotel guest with the gift. We do not offer refunds for packages not provided to hotel guests once the responsibility has been assumed by hotel personnel. We are not responsible for unclaimed packages. It is your responsibility to know and abide by the hotel’s policies regarding welcome gifts and any associated fees that may apply.

Shipping

It is your responsibility to provide correct shipping/delivery information.  Accurate and complete information is required to avoid additional fees as well as delays in your order.  Be sure to include accurate shipping information including full name, street address, apartment #, suite #, zip code, etc. If possible include recipients telephone number as well as your day-time telephone number.  If an item is returned to us due to incorrect shipping address or recipient refusal, we will charge a re-delivery fee.  If an item is forwarded by FedEx due to incorrect shipping information, a $12.00 address correction fee is charged to us and in turn will be charged to you.

We cannot provide a refund on delivery or shipping charges. We are not responsible for packages unclaimed from FedEx. If packages are returned to us because they were unclaimed, we can arrange to have the gift sent to an alternate address for an additional shipping fee. We do not offer refunds because a package was not claimed by your recipient.

FedEx drivers obtain signatures at their discretion unless a signature is specifically required by the sender. Packages might be left at the residence without obtaining a signature. Signature service is an extra charge. If you would like to request a signature for your package, please call us to place your order by telephone.

Damages

We must receive notification of damaged products within 48 hours of delivery. For products damaged during shipping, please keep all original packing material for courier inspection in order to file a claim with our shipper.

Marketing 

Marigold & Grey Inc. reserves the right to include a business card and/or insert card inside each welcome gift. We also reserve the right to publish finished products on social media, industry blogs as well as the Marigold & Grey Blog.

Customizable Items

All customizable items (i.e. personalized gift tag or sticker templates, uploaded documents, custom printing) included as part of an order will be printed exactly as they are submitted by the customer. It is the customer’s sole responsibility to ensure that all submissions are correct. Marigold & Grey Inc. is not responsible for any misspellings, typographical errors, omissions, or any other inaccuracies contained in any submissions provided by the customer.

Changes to Pricing & Services 

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Submissions

We welcome your comments regarding the MarigoldGrey.com Website. If, either voluntarily or at our request, you send certain specific submissions in the form of creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Please know that any comments, feedback, notes, messages, ideas, suggestions or other communications sent to MarigoldGrey.com or Marigold & Grey Inc. (to include all social media platforms) shall be and remain the exclusive property of Marigold & Grey Inc. Additionally, all images and documents designed on and/or uploaded to our website shall be and remain the exclusive property of Marigold & Grey Inc. Your submission of any such Comments and/or Documents shall constitute an assignment to Marigold & Grey Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments and/or Documents. Marigold & Grey Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.

Copyright Notice

The MarigoldGrey.com website and the entire contents contained on the MarigoldGrey.com website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Marigold & Grey Inc. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior written consent of Marigold & Grey Inc. The content of the Website and the Website itself are intended solely for the personal and non-commercial use of the users of the site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the content on any network computer or broadcast the content in any media and/or in any form or format, (3) you do not modify or alter the content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Marigold & Grey Inc. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Marigold & Grey Inc. reserves complete title and full intellectual property rights in any content you download from this website.

Trademark Notice

Marigold & Grey™ is a federally registered trademark. All other Marigold & Grey Inc. trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the MarigoldGrey.com website are the property of Marigold & Grey Inc. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Marigold & Grey Inc. or any third party without permission from the owner. All rights are reserved. All other trademarks, product and company names, and logos appearing on MarigoldGrey.com are the property of their respective owners.

Indemnification

You agree to defend, indemnify and hold Marigold & Grey Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website, including, without limitation, your use of this MarigoldGrey.com Website in violation of these Terms of Use.

Disclaimer

The Website and all of its contents are provided on an “as is” basis without warranties of any kind, either express or implied. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that Marigold & Grey Inc. shall not be liable for any damages of any kind related to your use of this Website.

Inaccuracies

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Privacy

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Hyperlinks

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify an affiliation nor do they signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices before engaging in any transaction.

Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Third Party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our store’s Website or are redirected to a third-party website or application, you are no longer governed by our website’s Terms of Service.

Prohibited Uses

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Governing Law

These Terms of Service (and any separate agreements whereby we provide you Services) shall be governed in accordance with the laws of Chevy Chase, Maryland 20815 USA.