Section 1- Agreement to the Terms

These Terms of Service (“ToS” or “Terms”) govern your access to and use of the website and services provided by Twisting Pineapple Gifting (a service of Twisted Pineapple Gifting, LLC) (“we”, “us”, or “our”).

By accessing or using our services, you agree to be bound by these terms and our Privacy Policy. If you do not agree to these terms, you must not use our services.

Section 2- Description of Service and Business Model

Twisted Pineapple Gifting provides a specialized service that includes two primary functions:

Personalized Gift Consultation: We provide tailored gift recommendations and ideas based on the specific personal information you supply (such as recipient interests, hobbies, and occasions), as detailed in our Privacy Policy.

Fulfillment Facilitation: As a convenience, we may, at your discretion and expense, facilitate the purchase, handling, custom packaging, and shipping of the recommended physical gifts to the recipient. When we perform this service, we act solely as your agent to consolidate or send gifts you have paid for through us.

Important Distinction (No Resale):

Twisted Pineapple Gifting, LLC is not the retailer, merchant, manufacturer, or reseller of the physical gifts.

Section 3- User Obligations and Prohibited Conduct

You agree to use our services only for lawful purposes. You are responsible for all content, information, and data you provide to us.

Lawful Use: You agree not to use this service for any illegal or unauthorized purpose.

Prohibited Content: You may not submit or transmit any information or content that is illegal, offensive, harassing, defamatory, or threatening, or infringing upon any third party’s intellectual property, privacy, or publicity rights.

Misuse of Service: You agree not to attempt to gain unauthorized access to our website, systems, or data; interfere with the proper working of the service (e.g., introducing viruses or hacking); use the service to collect information about other users.

Section 4- Payments, Returns, and Product Liability

This section clarifies your financial relationship with us and our limited responsibility concerning the physical goods.

Payment and Fees

Payment Collection: You agree to pay Twisted Pineapple Gifting, LLC for the consultation service fee, the total cost of the physical gift(s), and any associated shipping, handling, and taxes.

Payment Processing: All payments are processed through a third-party payment tool/processor. By using our service, you agree to the terms and conditions of that third-party payment processor.

Limited Return and Refund Policy

We do not manufacture or warranty the goods, but we offer a limited commitment for defective items.

Defective Items: If a physcal item received is defective, you must notify us within 14 days of delivery. We will make a good-faith effort to replace the item for you.

Refunds for Non-Replaceable Defective Items: If we are unable to replace the defective item, we will issue a refund equal to the cost of the item itself, excluding all associated service fees, shipping, handling, and taxes.

Limitations on Product Liability

No Warranty or Guarantee: Twisted Pineapple Gifting, LLC does not provide, adopt, or assume any warranty for the physical goods recommended or fulfilled. All product warranties are solely provided by the original manufacturer or retailer. We are not responsible for product registration.

Manufacturer Claims: We are not responsible or liable for any false or misleading claims made by the product’s manufacturer or original retailer.

Exclusion of Liability: Our liability concerning any physical good is strictly limited to the refund cost of the item itself, as defined above. We are not liable for any damages (direct, indirect, or consequential) arising from the use or inability to use the physical product.

Section 5- Intellectual Property

Twisted Pineapple Gifting Content: All content on the website (including text, graphics, logos, custom recommendations, and designs) is the exclusive property of Twisted Pineapple Gifting, LLC and is protected by copyright and intellectual property laws. You may not use this content without our prior written permission.

User-Submitted Content: By submitting any content to us (such as reviews or testimonials), you grant Twisted Pineapple Gifting, LLC a perpetual, royalty-free, worldwide license to use, reproduce, modify, and display that content in connection with our service and marketing. You represent that you own the content or have the necessary rights to grant us this license.

Section 6- Disclaimers and Limitation of Liability

This section limits your exposure to legal claims.

“As-Is” Service: Our service is provided to you on an “as-is” and “as-available” basis, without any warranties of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability: You agree that Twisted Pineapple Gifting, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service, including damages resulting from gift recipient dissatisfaction, website technical errors, or the actions of any third-party retailer or payment processor.

Section 7- Third-Party Services and Links

We utilize third-party services for payments, analytics, and linking to retail products, as mentioned in our Privacy Policy.

Third-Party Links: Our service contains links to third-party websites or resources. You acknowledge that we are not responsible for the content, privacy policies, products, or services offered by these third parties. Your use of third-party links is at your own risk.

Section 8- Governing Law and Dispute Resolution

Governing Law: These terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Dispute Resolution (Binding Arbitration): You and Twisted Pineapple Gifting, LLC agree that any dispute or claim arising out of or relating to these Terms will be settled by binding arbitration in Jacksonville, Florida. Arbitration shall be administered by a recognized arbitration service (such as the American Arbitration Association-AAA) rather than in court. The only exception is that either party may assert claims in Florida small claims court if the claims qualify.

Section 9- Changes to the Terms

We reserve the right to modify these Terms at any time. We will post the revised Terms on this page with a revised “Last Updated” date. Your continued use of the service after any modification constitutes your acceptance of the new Terms.

Section 10- Contact Information

Questions about the Terms of Service should be sent to us at alicia@twistedpineapplegifting.com

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Effective Date: November 6, 2025
Last Updated: November 6, 2025