Custom Order Terms of Service
Timely Responses & Delays
Once Memento & Muse has requested you (the Client) to provide gift design approval, shipping information, recipient information, or any other information pertinent to the fulfillment or delivery of the order, it is your responsibility to provide this information within the necessary timeline indicated by Memento & Muse. Failure to do so may result in delays in order delivery, additional rush fees, and/or cancellation of part or all of your order.
Upon providing final approval of gift design(s) (whether in writing or via online forms), you acknowledge that this approval signifies the beginning of order production and fulfillment, at which point Memento & Muse reserves the right to deny further requests for changes to your order (including but not limited to gift item options, packaging designs, and quantities).
Due to the small-batch and customized nature of Memento & Muse gifts, all sales are final and non-refundable. If you receive an item that is damaged or defective, or are otherwise unhappy with your order, please contact Memento & Muse within 7 days of delivery so that the situation may be addressed.
All customizable items (including but not limited to gift tags, stickers, gift notes, custom enclosures and custom-printed items) included as part of the order will be printed exactly as they are submitted by you. You retain sole responsibility for ensuring that all submissions are correct. Memento & Muse is not responsible for any misspellings, typographical errors, omissions, or any other inaccuracies contained in any submissions provided by clients.
Memento & Muse reserves the right to include a discreet insert card within each custom gift, and the right to publish images and descriptions of any finished custom products on social media, industry blogs, as well as the Memento & Muse website. (Any identity-revealing information pertaining to clients will not be publically shared unless permission has been previously granted in writing.)
Memento & Muse does not create any of the food products sold online and/or through custom orders. Food products curated and provided by Memento & Muse are produced by third-party companies, and are generally labeled with possible allergen-containing ingredients by the manufacturer. Any non-labeled food always has a risk of possible allergen contamination. You and your gift recipients are encouraged to read the available labels before consuming. Memento & Muse will not assume any liability for adverse reactions to food consumed, including labeled and non-labeled food products.
Gift Item 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 MementoAndMuse.com and/or custom gift proposals. You and your gift recipients are responsible for reading labels, warnings, and directions before using or consuming a product. For the most current and/or additional information about a product, please contact the manufacturer.
Gift Item & Custom Product Images
Memento & Muse has made every effort to display as accurately as possible the colors and images of its products that appear on MementoAndMuse.com and/or custom gift proposals, and cannot guarantee that your computer monitor’s display of any product or color will be completely accurate.
You are responsible for providing correct shipping/delivery information, and acknowledge that inaccurate and/or incomplete information may result in additional fees and delays in order delivery. If an item is returned to Memento & Muse due to an incorrect shipping address or recipient refusal, a re-delivery fee may be applied. All shipping and delivery charges are nonrefundable, even if a packaged was returned because it was not claimed by the recipient. Memento & Muse is not responsible for packages unclaimed from FedEx or the United States Postal Service; if packages are returned because they were unclaimed, you will be notified and can arrange to have the gift(s) sent to an alternate address for an additional shipping fee. You acknowledge that FedEx drivers obtain signatures at their discretion unless a signature is specifically required by the sender, that packages might be left at delivery destinations without obtaining a signature, and that signature service is an extra charge and must be expressly requested by clients.
Limitation of Liability
Although all care will be taken with these services, you (the Client) expressly agree that use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by Memento & Muse) provided 'as is' without any representation, warranties or conditions of any kind, either express or implied. In no case shall Memento & Muse, its heirs, legal representatives, assigns, subcontractors, suppliers, service providers, employees or any persons or corporations acting under permission or authority of Memento & Muse be liable for any injury, loss, death, claim, inability to perform the services for any reason, failure to deliver for any reason, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, arising from your use of any of the service or any products procured using the service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Memento & Muse's liability shall be limited to the maximum extent permitted by law.
You hereby agrees to indemnify, release, discharge and hold harmless Memento & Muse, its heirs, legal representatives, assigns, subcontractors, suppliers, service providers, employees or any persons or corporations acting under permission or authority of Memento & Muse from and against any and all liability or claims, damages, costs and expenses, including reasonable attorneys’ fees, arising as a result of any work done related to this agreement.
These Terms of Service and any separate agreements whereby Memento & Muse provides services to you (the Client) shall be governed by and construed in accordance with the laws of North Carolina.