Terms & Conditions

Effective Date: April 2023

 

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.

What? A Surprise Me Gift, LLC currently own or operate by us.

 

What? A Surprise Me Gift, LLC provides certain products and services through: (a) its various hi in websites, stores and malls including, but not limited to others that it may introduce or acquire in the future; (b) various social media accounts, including, without limitation, Facebook, Twitter, Instagram, TikTok, Pinterest and YouTube; and (c) through WASMG’s various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by WASMG’s from time to time (collectively, the ” WASMG’s services“). Your use of the WASMG’s Services and any of its information, content and services available through the WASMG’s Services are subject to these terms and conditions (“Terms“), the Privacy Policy, and any applicable site-specific policies included by reference in these Terms. These Terms do not govern WASMG’s Services offered through for the applicable terms and conditions.

 

These Terms are current as of the Effective Date.  reserves the right to change these Terms from time to time. Please consult these Terms from time to time since WASMG’s may, at any time, and without notice, revise these Terms by updating this posting.

Please read these Terms carefully.

By accessing or using the WASMG’s Services, you are bound by these Terms and any revisions, so you should periodically visit this page to review the current Terms. Access or use of WASMG’s Services following any change to the Terms constitutes your agreement to those changes. If, at any time, you choose not to accept the terms of these Terms, you should not access or use WASMG’s Services.  You agree that you do not have any rights to WASMG’s Services and that WASMG’s will have no liability to you if the WSMG’s Services, or any portion thereof, are discontinued or your ability to access or use the WASMG Services is terminated.

 

 

 

 

 

TERMS AND CONDITIONS

1. Authorized Users.
   You affirm that you are 18 years of age or older. Indeed, in order to make a purchase through WASMG’s Services, you must be 18 or older and have a valid credit card or other acceptable electronic payment method. Subject to these Terms, you may not use WASMG’s Services if you are unable to form a legal binding agreement with WASMG’s. You agree that you are only authorized to visit or use WASMG’s Services for your own personal use and not for any business purposes without a separate agreement in writing with WASMG’s. You may not use WASMG’s Services to purchase any product for resale by you or on behalf of any other person. You may not resell, either directly or indirectly, any product purchased using WASMG’s Services.

 

2. Accounts and Passwords.
   You may establish an account to use or access certain features of the WASMG’s Services. During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your WASMG’s account. By logging into WASMG’s Services, you represent and warrant that: (a) you are the customer who registered for the WASMG’s Services; and (b) that you are using the WASMG’s Services only for permitted purposes. You will immediately notify WASMG’s by providing notice to WASMG Customer Service at http://www.wasmg.com/custserv/contact.eplof any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that WASMG’s in its sole discretion deems offensive.

 

WASMG’s reserves the right, in its sole discretion, immediately and without notice, to suspend or terminate your account or your ability to access WASMG’s Services for any reason, including, without limitation, any breach of these Terms by you.

 

3. Procedures for Purchases.
   By accessing or using the WASMG’s Services, you agree to the various WASMG’s policies and procedures that apply to the purchase of the products or services offered through the WASMG’s Services, which are made part of these Terms. Prices will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude freight, handling fees, taxes, and duties. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes. All products are subject to availability. WASMG’s reserves the right to accept, reject or cancel any order and to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors.

 

You authorize WASMG’s to hold, receive and disburse funds in accordance with your payment instructions. Your authorization permits WASMG to (a) debit or credit your credit card, debit card, or other payment methods that we accept (“Cards“); or (b) initiate recurring charges from your Cards if you signed up for a service that requires automatic billing. When you place an order, you authorize and order WSMG’s to commit your payment to the applicable WSMG’s entity. Your authorizations will remain in full force and effect while you maintain your account with WSMG’s.

 

 Substitution Policy
Substitutions may be necessary to ensure your specialty gift is delivered in a timely manner. The utmost care and attention are given to your order to ensure that it is the requested and/or WASMG picked item to the perfection.  Specialty gifts may be substituted with another specialty gift of equal or greater value and of similar theme and category.

 

Legal Notices.
WASMG’s posts legal notices on pages of the WASMG’s Services. WASMG’s Services may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of WASMG’s or other parties. Except as expressly provided in Section 7 of these Terms, no license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software, or other proprietary rights is granted to or conferred upon you.

 

WASMG’s Content.

Content on the WASMG Services that is provided by WSMG’s, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans and the compilation of the foregoing (” WASMG’s Content“) is the property of WASMG’s or its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.

 

You are authorized to access and use the WASMG’s Services and related WASMG’s Content; provided that: (a) your use of the WASMG’s Services and  WASMG’s Content as permitted hereunder is solely for your personal, non-commercial use; (b) you will not copy, distribute or transfer any portion of the WASMG’s  Services or  WASMG’s Content on any media without WASMG’s ‘s prior written or electronic approval; (c) you will not alter, adapt, reverse engineer, or otherwise modify any part of the WASMG’s Services or WASMG’s Content other than as may be reasonably necessary to use that part of the WASMG’s Services or  WASMG’s Content for its intended purpose; and (d) you will otherwise comply in full with these Terms. Any access or attempt to access other areas of any WASMG’s computer system or other information contained on the system for any purpose other than as intended by WASMG’s is strictly prohibited.

WASMG’s Use of User Content.
Subject to our Privacy Policy, WASMG’s reserves the right to display advertisements in connection with any content provided by you to WASMG’s  (“User Content“) and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of WASMG’s ‘s distribution partners and third-party service providers (including their downstream users) and that WASMG’s has no obligation to compensate you (monetarily or otherwise) for WASMG’s ‘s use of your User Content now or in the future. You confirm that you own all right, title, and interest to your User Content and that your User Content does not infringe any intellectual property rights or violate privacy or publicity rights of any third party.

 

9. Third Party Content.
   WASMG has no control over and is not responsible and assumes no liability for: (i) any third-party content contained within the WASMG Services; or (ii) the applicable third parties.

 

10. No Offensive or Infringing Use.
    WASMG respects the intellectual property of others, and WASMG expects its users to do the same. It is WASMG’s policy, in appropriate circumstances and at WASMG s discretion, to disable or terminate users of the WASMG Services who infringe or repeatedly infringe the copyrights or other intellectual property rights of FTD or other rights owners. When using the WASMG Services, you will not use any feature of the WASMG Services for any purpose that is illegal, tortious, obscene, threatening, defamatory, libelous, invasive of another’s privacy, pornographic, racist, abusive, harassing, threatening, offensive, hateful, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of third parties. You also agree not to upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

 

11. DMCA Notice.
    If you are a copyright owner or an agent thereof and believe any User Content or other WASMG Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA“) by providing notice to WASMG Customer Service at www.WASMG.com/custserv/contact.epland include the following information:

 

(a) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit WASMG to locate the material;

(c) Information reasonably sufficient to permit WASMG to contact you, such as an address, telephone number and, if available, an electronic mail address;

(d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

(e) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

You acknowledge that if you fail to comply with substantially all the above requirements of this Section your DMCA notice may not be valid and WASMG may not be able to remove infringing content.

You should also send your notification to the following address:
WASMG Companies, Inc.
P.O.BOX 187
TEANECK, NJ 07666
Attention: Legal Department or Fax: (201) 345-6199

12. Mobile Capabilities.
    The WASMG Services may include certain services available via your mobile phone, including, without limitation: (a) the ability to upload to WASMG websites or applications via your mobile phone; (b) the ability to receive and reply to messages and to send content and messages using text messaging or push notifications; and (c) the ability to access the WASMG Services from your mobile phone (“Mobile Services“). WASMG does not charge for Mobile Services unless otherwise noted; however, your carrier’s normal messaging, data and other rates and fees may still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that WASMG may communicate with you regarding the WASMG Services and WASMG’s partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to WASMG. You agree that in connection with the Mobile Services for which you are registered, WASMG may send communications to your mobile device regarding WASMG or other parties. Further, WASMG may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify WASMG of any changes to your mobile number and update your account(s) through the WASMG Services to reflect this change.

 

13. Security.

You shall not violate or attempt to violate the security of the WSMG Services. Violations of system or network security may result in civil or criminal liability.  WASMG reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations.

 

14. Communications.
    With respect to all communications with WASMG including, without limitation, feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and WASMG shall have no obligation to protect your communications from disclosure; (b) WASMG shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) WASMG shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information without any consideration or accounting.

 

15. Privacy Policy.
    Your privacy is important to WASMG. WASMG s Privacy Policy is incorporated into, subject to and made part of these Terms. To review the WASMG Privacy Policy, click here.

 

16. Binding Arbitration / Class Waiver.
    You and WASMG agree that all disputes, controversies and claims related to these Terms (including the Privacy Policy, Services and any order for any product or services from WASMG (each a “Claim“), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.

(a) YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND WASMG ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE FTD SERVICES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OR WASMG  PRIVACY POLICY AND PRACTICES (COLLECTIVELY “DISPUTES“), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA“), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES“). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

(b) Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case WASMG will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. WASMG also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

(c) The arbitration may be conducted in New Jersey or, upon the plaintiff’s request, in the city closest to plaintiff’s location where AAA maintains an office, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.

(d) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

(e) To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis.

(f) YOU AND FTD AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES. NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. YOU AND FTD FURTHER AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, PROVIDED HOWEVER THAT NOTHING HEREIN SHALL BE DEEMED TO PREVENT A PARTY FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN ARBITRATION UNDER THIS AGREEMENT WHERE APPLICABLE LAW PROVIDES FOR SUCH A RIGHT.

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from (i) a violation of your or WASMG’s intellectual property rights in any manner; (ii) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and (iii) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the “Governing Law” section below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

17. Indemnity.
    By using any of the WASMG Services, you agree to indemnify and hold WASMG, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your improper use of such WASMG Services; (b) any User Content provided or used by you; or (c) your violation of these Terms.

 

18. Warranty Disclaimer.
    YOUR USE OF THE FTD SERVICES IS AT YOUR SOLE RISK. FTD MAKES NO WARRANTY THAT THE FTD SERVICES WILL MEET YOUR REQUIREMENTS. EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, ALL WASMG SERVICES INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. FTD ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. FTD DOES NOT WARRANT THAT THE FTD SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

LAWS IN CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.

19. Limitation of Liability.
    WASMG SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR THE ACCESS TO, USE OF OR OPERATION OF THE FTD SERVICES INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH. WASMG’S AGGREGATE LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE WASMG SERVICES IS LIMITED TO THE PURCHASE PRICE PAID FOR THE MATERIALS, PRODUCT AND/OR SERVICE THAT GIVES RISE TO SUCH LIABILITY. LAWS IN CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.

 

20. Limited Time to Bring Your Claim.
    You and WASMG agree that any cause of action arising out of or related to the WASMG Services or any WASMG Content including without limitation any Claim or Dispute must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

21. Trial by Jury.
    To the extent allowed by law, each of you and WSMG waive any right to trial by jury in any Dispute.

 

22. Force Majeure.
    WASMG shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, grower delays at the farm level, delays due to product held by the USDA/Customs for inspection, or any other circumstance or cause beyond the reasonable control of WASMG in the conduct of its business.

 

23. Governing Law.
    These Terms will be governed by and construed in accordance with the laws of the State of Illinois without regard to: (a) such State’s conflicts-of-laws principles; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws.

 

 

24. Miscellaneous.
    Both you and WASMG acknowledge and agree that no partnership is formed, and neither you nor WASMG has the power or the authority to obligate or bind the other. If any provision of these Terms is determined to be unlawful, void, or unenforceable by a tribunal of competent jurisdiction, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If WASMG fails to act with respect to your breach or anyone else’s breach on any occasion, WASMG is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and WASMG and are accepted by you as a condition for your use of the WASMG Services or your account. These Terms constitute the entire agreement between you and WASMG regarding the use of the WASMG Services and the WASMG Content.

 

1. What does this Privacy Policy cover?

 

Thank you for visiting a website or application provided by WASMG Companies, Inc. WASMG Companies, Inc. and its affiliates (“WASMG”) are committed to respecting your privacy. This Privacy Policy outlines WASMG’s collection and use of personal information (“Privacy Policy”).

WASMG currently owns or operates the following brands:  WSMG.COM, WASMG.COM, AND ASMG.COM, What? A Surprise Me Gift, A Surprise Me Gift and What Surprise Me Gift, among others.   These brands may be updated from time to time by WASMG without notice.

WASMG collects information through: (a) its various websites including, but not limited to any and all other websites as it may introduce or acquire in the future; (b) various social media accounts and channels including, but not limited to, Facebook, Twitter, Instagram, Pinterest, TikTok and YouTube; and (c) through our various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by WASMG from time to time (collectively, the “WASMG Services“). The privacy practices outlined in this policy are incorporated by reference into the Terms of Use for the WASMG Services.

 

Please note that WASMG may have separate privacy policies for certain websites. Please be sure to consult with the website or application that you are using to understand WASMG’s privacy practices for that website or application.

This Privacy Policy is current as of the Effective Date. Please consult this Privacy Policy from time to time since WASMG may, at any time and without notice, revise this Privacy Policy by updating this posting.

If, at any time, you choose not to accept the terms of this Privacy Policy, you should not access or use WSMG Services. Please continue reading below for information on how we use and disclose personal information.

2. What types of Personal Information and related information does WASMG collect from you?

WASMG collects certain personal information through the WASMG Services described above – including through our websites, through social media accounts and channels, and via our applications, mobile technologies, telephone discussions, email and other forms of communication. In order for you to place orders, make purchases, complete transactions, interact with WASMG or have access to certain features of the WASMG Services, we may require you to register or provide certain personal information. This information may include, but is not limited to, your name, contact information, email address, age or date of birth, payment information, rewards program information or a username and password.

 

Purchase and Recipient Information
When making purchases through the WASMG Services, we may also require you to provide a credit card, billing address and gift message and that you provide information about a recipient or potential recipient of a gift or a purchase you make through the WASMG Services.

 

Social Media Sites
WASMG may also receive personal information from social media platforms, as well as from people with whom you are friends or otherwise connected on social media platforms. For example, if you access the WASMG Services through a third-party connection or log in through Instagram, Twitter, Facebook connect or another third-party service etc. , by “following,” “liking,” or linking your account to one or more of the WASMG Services, that third party may pass information about you to us, including, without limitation, your name, birthday, gender, user ID number, user ID number of your friends, the email address associated with your account, your profile picture, your physical location, your photos, photo likes, photo tags, and an access token to authenticate to the third-party service. We may also collect additional information regarding your hobbies, interests or “likes” that you make available through your profile on the third-party service, any other information that you have permitted the third party to share with us, and any information you have made public in connection with that service.  If you allow us access to your social media friends list, then your friends’ user IDs and your connection to those friends may be used and stored to make your experience more social, and to allow you to invite your friends to use the WASMG Services.

 

Please consult with the third party’s website for further information before you link or connect to the WASMG Services and on how to control or adjust your privacy settings on that site. WASMG has no control over such third-party websites.

 

Third Parties
We may supplement the information you provide to us with data we obtain or receive from third parties, such as our affiliates, marketing firms, data vendors or address verification services. For example, if you change your address and fail to advise us, we may verify your address through a third-party address verification company. We may combine information we collect online with information we collect offline.

 

Mobile Applications
As disclosed upon installation (in case of Android) or prompted for permission (in the case of iOS), our mobile applications may access personal information on your device. For example, when placing an order through our mobile applications you may enter a shipping address from your device’s address book or receive birthday reminders for contacts; or if placing an order including an image our application would require access to your device’s photo library.

 

 

 

3. How does WASMG use Personal Information?

WASMG may use personal information to facilitate your use of the WASMG Services, including receiving, processing, fulfilling and delivering your purchases. We may use personal information to identify you when you log in to our WASMG Services, to provide a better experience through the WASMG Services, or to personalize your experience across the WASMG Services. We may also use personal information to better understand our customers and to better tailor or enhance our WASMG Services. For example, we may also use personal information for data analysis and segmentation, understanding our customers across our various platforms and brands, and providing recommendations and reminders for events and other business purposes. We may also use personal information as we believe to be necessary or appropriate to protect our rights, privacy, safety or property, and/or that of our affiliated companies, you or others, and to allow us to pursue available remedies or limit the damages that we may sustain.

WASMG may send you e-mail communications or promotional offers to an email address, through a device (such as mobile device or applications) or through other contact information provided through the WASMG Services. If you do not want to receive such communications from us, please see Section 9. We may contact you using information you have entered the WASMG Services either recently or in the past regardless of whether you have opted in or out of email marketing messaging.

To the extent you participate with interactive features through the WASMG Services such as the social media sites, any personal information that you provide may be published in the manner consistent with the interactive feature. For example, if you tag a photo through Instagram with #wasmgflowers or @wasngflowers, we may repost that photo under @wsmgflowers.

To the extent you participate in any sweepstakes, promotions, or contests through the WASMG Services, any personal information provided by you may be used in accordance with separate or different terms and conditions under the applicable rules of such sweepstakes, promotion or contest, which may differ from this Privacy Policy.

By providing information through the WSMG Services (including through our mobile applications), you authorize us to share information among our family of websites and mobile applications. Further, certain of the WASMG Services (including our mobile applications) allow for cross application authentication, which means that once you log in to one of the WASMG Services, you may be logged in to any of our other WASMG Services as well.

4. Where is Personal Information stored and processed?

By using the WASMG Services, you acknowledge that your personal information may be stored or processed in the United States or any other country in which WASMG (or its affiliates) or their respective service providers maintain facilities. This means that we may transfer information we collect about you, including personal information to entities across borders to another country or jurisdiction. If you are located within the European Union or other jurisdictions with laws governing data storage or processing that are different from United States laws, please be aware that we may transfer information to a country that does not have the same laws. By using the WASMG Services, you expressly consent to: (a) the transfer of information to the U.S. or any other country in which WASMG (or its affiliates) or their respective service providers maintain facilities; and (b) the use and disclosure of information about you as described in this Privacy Policy.

5. What Non-Personal Information does WASMG collect?

WASMG may collect non-personal information from you including, but not limited to, demographic data, location data (as more fully discussed in Section 7 below), browser type, your Internet Service Provider or operating system, the URL of previous WASMG Services you visited, and your IP address. Unless otherwise required by applicable law, WSMG may use and share this information, which does not personally identify you, for any purpose, including sharing with our third-party partners, affiliates, agents or service providers for various administrative, analytical and marketing purposes.

We may use your IP address to help diagnose problems with our server, to detect fraud, and to administer the WASMG Services. We may also use your IP address to assist in attempting to identify you when we feel it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, to protect the WASMG Services, systems, information, employees, business partners, service providers, users, customers or others or as may be required by law enforcement.

 

6. What are cookies, clear GIFs and other similar technologies and how does WASMG use them?

 

Cookies: We may collect information from you by using cookies. A “cookie” is a small text file stored on your computer containing information about you. Cookies help us analyze web traffic, provide user data for a particular webpage, and allow web applications to be adapted for you as an individual. This helps us tailor our operations to your specific needs and preferences by gathering and remembering information about your preferences. Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting our cookies, please follow your Internet browser’s steps for doing so. However, if you do disable cookies, you may not be able to take full advantage of all our online features or access certain sections of our WASMG Services, including the “shopping cart.”

 

Clear GIFs: We, or our third-party partners, affiliates, agents or service providers, may collect information from you by using clear GIFs. A “clear GIF” or graphics interchange format (also known as pixel tags, single pixel GIFs, web beacons or action tags) help us or a third-party measure advertising effectiveness. Clear GIFs help us manage content on the WASMG Services by informing us of what content is effective. Further, clear GIFs may be used: (i) in HTML based emails to let us know which emails have been opened by recipients; (ii) to record when products have been ordered through the WASMG Services; and (iii) to track the visitor traffic through the WASMG Services. Among other reasons, these clear GIFs allow us to measure the usage of each of the WASMG Services by our visitors and the effectiveness of certain communications and marketing campaigns. The main differences between a cookie and a clear GIF are that clear GIFs are invisible on a web page and are much smaller.

 

Mobile Analytics: We utilize third party analytics technology in our mobile applications which tracks usage and interactions within our mobile applications. This information helps provide insight into the use of such mobile applications and assists with our further improvement and development associated with the mobile application and WASG Services.

 

 

 

Affiliate Tracking: You may purchase products from us through a link associated with our affiliate program. Our affiliate program allows participating website publishers, bloggers, and other organizations (“Affiliates“) to display links on their respective websites which direct customers to the WASMG Services.

 

Behavioral Advertising: We participate in online behavioral advertising (OBA). We may use third parties to display ads tailored to your individual interests based on how you browse and shop online. We may allow certain third parties to collect certain information when you use the WASMG Services. For example, these companies may use non-personal information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and personal information (e.g., IP address) during your visits to WASMG Services in order to provide advertisements about goods and services likely to be of greater interest to you on third party sites. These parties typically use a cookie or a third-party web beacon to collect this information.

 

Our Do Not Track Policy: Some third-party browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “do not track” signals. To learn more about online behavioral advertising (OBA), please visit the Network Advertising Initiative website (http://www.networkadvertising.org/choices/) or Digital Advertising Alliance website (http://www.aboutads.info/choices/).

 

Other Technologies: Since new technologies are being developed every day, we may introduce or utilize new technologies in the future in a manner consistent with this policy and generally applicable industry standards. Further, additional disclosures or requests for permission may be presented through the use of such new technologies at the time of such use. For example, you may receive a request from a mobile application to enable sharing of information through your device.

 

7. How does WASMG collect and use location-based data?

When you access the WASMG Services by or through a mobile device or application, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use WASMG Services. We may also be able to determine your general geographic location (i.e., city or town and state) through your IP address. You may control whether location data is shared with us through your mobile device, application, or browser settings. Some features of the WASMG Services, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

8. When does WASMG share Personal Information with third parties?

WASMG shares your personal information in the manner described below.

WASMG Affiliates: WASMG may share personal information with its affiliated companies, including those referenced herein and those subsequently acquired by WASMG or its affiliated companies.

 

 

WASMG Member / Distributors:  shares information with our WASMG Member and distributors for the purposes of fulfilling and delivering your purchases/orders. These WASMG Member and distributors may contact you or the recipient relating to your purchases. The WASMG Member are a network of independently owned and operated stores, whose privacy practices may differ.  WASMG may provide certain marketing services on behalf of the WASMG members. On some occasions, the recipient may be contacted to schedule delivery or verify delivery availability. To maintain our high quality standards, we may contact recipients to ensure satisfaction with their gift.

 

WASMG Third Parties: WASMG may share, store and process your information with third parties who act as our agents, suppliers, vendors, contractors, subcontractors or service providers (collectively, “WASMG Third Parties“). The WASMG Third Parties include the floral and gift distributors mentioned above. You acknowledge that the collection, transfer, management, storage, and processing of personal information may be undertaken by these WASMG Third Parties for the fulfillment of WASMG Services and other WASMG business purposes. The WASMG Third Parties are given the information they need to perform their designated functions.

 

Third Party Links: The WASMG Services may contain links to third party sites that WASMG does not own or operate, and such third parties may provide other goods or services. We provide links to these third parties as a convenience to you. These links are not intended as an endorsement of or referral to the linked third-party goods or services. We recommend you carefully read the privacy policy, notices and terms of use of any the other sites that you visit. We do not have any control over such services and, therefore, we assume no responsibility or liability for the manner in which the organizations that operate such linked sites collect, use or disclose, secure or otherwise treat you or your personal information.

 

Partner Programs: If you are directed to WASMG or the WASMG Services through a third party, we may share certain information back with that third party, which may include information such as name, email and value of purchase depending on the type of relationship. For example, if you purchased or use a voucher from a group buying or flash deal website, we may share information regarding the order in which such voucher was redeemed. If you placed an order utilizing an Affiliate link, as described above, we may share information about you or your order with such Affiliate.

 

Direct Marketing Companies: From time to time, we may disclose certain information (names, postal addresses and non-sensitive transactional information such as your purchase history, amounts paid and products ordered) to direct marketing companies for trade or rental purposes. If you prefer to opt out of the use of your personal information by direct marketing companies for trade or rental purposes, please let us know at (800) SEND-WASMG or the address listed in Section 12 below.

 

WASMG Business and Legal / Mergers and Acquisitions: There may be business or legal reasons to disclose personal information. As an example, we may transfer information we have about you to third parties in connection with an actual or potential merger, consolidation, acquisition, reincorporation, sale/divestiture, acquisition or other similar transaction involving all or part of our company or any affiliate, or as part of a corporate reorganization or stock sale or other change in corporate control. If we undergo such a business transition, personal information may be one of the assets that may be shared or transferred as part of the business transition and used by such third party as though such third party were WASMG.

 

Law Enforcement/Government Requests/Other: We may be required by law to provide personal information to law enforcement, a government agency or in response to a search warrant, subpoena or other legally valid inquiry or order, or to an investigative body or civil litigant including emergency situations. We may also disclose personal information when we believe in good faith that disclosure is necessary to comply with relevant laws, for the establishment, exercise or defense of legal claims, to prevent and address fraud and other illegal activity, to prevent death or imminent bodily harm, or to protect or defend the rights, property or safety of our users, others and ourselves.

 

9. What are your choices regarding marketing communications?

 

Email Marketing

You may opt out of receiving email marketing promotions from the WASMG family of brands. However, each of our brands manages its own email marketing, so please note that you may only be opted out of receiving email marketing promotions from the brand you contact. In addition to being able to opt out of receiving marketing promotions by following the unsubscribed instructions in the applicable promotion you received.  WASMG Companies and family of Brands.  Follow the links. Or email asurprisemegift@gmail.com/unsubscribe or call WASMG @ 833-989-3670
Text and Mobile Applications   To the extent you are receiving SMS Messaging from a member of the WASMG family of brands, you may opt out of receiving SMS messaging by replying to any message we send you with the word “STOP” or contacting us at the phone numbers above. To the extent you receive notifications from any of our applications, you may opt out of receiving push notifications on your mobile device through your account and device settings. NOTE: Please allow up to ten (10) business days for us to process your request. If you make a purchase through an WASMG Service, you may be opted back into our marketing communications for all of our brands until you opt out or unsubscribe once again. We may continue to send you transactional or operational communications.   What measures does FTD take to ensure the security of this Personal Information?   To the extent you are receiving SMS Messaging from a member of the WASMG family of brands, you may opt out of receiving SMS messaging by replying to any message we send you with the word “STOP” or contacting us at the phone numbers above. To the extent you receive notifications from any of our applications, you may opt out of receiving push notifications on your mobile device through your account and device settings. NOTE: Please allow up to ten (10) business days for us to process your request. If you make a purchase through an WASMG Service, you may be opted back into our marketing communications for all of our brands until you opt out or unsubscribe once again. We may continue to send you transactional or operational communications.

11. What measures does WSMG take to ensure the security of this Personal Information?

 

We use procedural and technological security measures which are reasonably designed to help protect personal information from unauthorized access or disclosure, consistent with industry standards.

We use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. However, it is always possible that third parties will unlawfully intercept or access transmissions or defeat these measures. Therefore, we do not promise and cannot guarantee (and thus you should not expect) that personal information will never be viewed or used by others.

12. How does WSMG treat personal information related to children?

 

Our WASMG Services are not directed at children under the age of 13 and we do not knowingly collect personal information from anyone under 13. Indeed, in order to make a purchase through the WASMG Services, you must be 18 and have a valid credit card. Children should always get permission from their parents before providing any information about themselves online, to us or to anyone else. If parents believe their minor children have accessed the WSMG Services and provided their personal information, please contact us.

13. How do you contact WASMG if you have a concern with this Privacy Policy?

WASMG takes your privacy concerns seriously. If you have questions regarding this Privacy Policy, please contact us at:

WASMG Companies, Inc.
P.O. BOX 187
TEANECK, NJ 07666

Attn: Customer Service

Exchanges & Return policy:

We will be glad to exchange any merchandise.   Only the ordering customer not the receiver can request such transaction.  Once your items are delivered, you have 7 days from the date of delivery to ship them back to us for an exchange or a full refund.  Exchange within shipped after the first 7 days will be approved if the merchandise is in its original packaging, with all tags intact, in new condition, unworn, unaltered, and free of damages by the customer.      After 14 days all sales are final, and returns will not be accepted.

If there is a problem with your order, please be sure to contact us immediately!

Return instructions: All returns must include a tracking number (USPS, UPS FEDEX).  Please provide us with the tracking number at (asuprisemesupport@gmail.com). Failure to do so may delay the processing.

 

Shipping Policy

Shipping Cost:

Will depend on packaging, weight, and distances.

Shipping Times:

USA: 5-12 Business Days

Rest of World: 5-25 Business Days

Note: all delivery times provided after dispatched are approximate only and may be subject to external factors, hence we are unable to provide an exact delivery date.

PROCESSING / HANDLING TIMES: 

Most orders are processed dispatched in 1-2 working days after an order is placed.

Customized items (e.g. Custom Photo Upload etc if we choose that the gift for you) will take an extra 3-5 business days to process, since each item will be unique to you.
 

TRACKING:

Tracking information will be available once your order has been processed. Once available, it may take 1-2 days to update and hence will not show any information during this period.

 

Please track your order here:
https://www.17track.net/en
https://www.statuspnr.in/usps

https://www.ups.com

https://www.fedex.com

https://www.dhl.com

https://parcelsapp.com (Global Package Tracking)

 

As the receiver it will be your sole responsibility to track your order and submit necessary requirements to customs or couriers. If the order has been tagged as “return to sender” or “unsuccessful delivery” due to the receiver not being able to follow-up or not submitting the necessary requirements to the courier, we are not able to process any refund or replacement for free and you may need to place the order again.

 

 

 

 

MISSING PACKAGE?

On the rare occasion that your item goes missing or shows up late (more than 30 days) please contact us. If it has been lost in transit, we will try to ship you a new one immediately! But don’t forget every gift is unique to whoever is receiving.  Whoever the gift is for it must always be tracked to determine if in fact it was miss in transit.

We pride ourselves on customer service and will reply in a timely fashion to resolve any issues ASAP.

LOST/STOLEN PACKAGES?

WASMG is not responsible for lost or stolen packages. If your tracking information states that your package was delivered to your address and you have not received it please report it to your respective shipping carrier at the information provided to you on our Tracking Page and file with local police if you suspect it is in fact stolen. If you have any further questions on how to do this, please reach out to our customer support team at support@wasmg.com

DOES DUTY TAX APPLY?

In most cases duty tax does not apply because the total order cost is small. Note that it is the customer’s responsibility to check with local customs and to pay duty tax if it applies. Please contact cbp.gov.

ORDER CANCELLATIONS:

We only accept cancellations within 1 hour of the purchase time. Anything after 1 hour will NOT be accepted since we process and dispatch orders as soon as possible to ensure customers receive their parcels swiftly.

 DAMAGED PACKAGES:

We’re incredibly confident in the quality of gifts we choose in according to the amount you the customer selected. Unfortunately, on the odd occasion a gift may be damaged during transit or arrive defective. If this is the case, please email us at support@wasmg.com with proof of the defective product and we will provide a choice of a free re-shipment of the gift or an immediate refund on purchase. Emails for defective gift must be sent within 10 business days of delivery of the gift.

RETURNS:

You may return your order for if the item you purchased was a sale item, or a full refund for a retail price item. Contact us for more information by emailing support@wasmg.com Packages that are received in a damaged state are eligible for returns and a refund or exchange will be initiated (Find out more on our return policy).

Note: Customized items (e.g. photo projection necklaces etc.) can NOT be returned as each item is unique.

 

CONTACT US:

email: support@wasmg.com

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