Terms of service

Terms of Service
1. Governing Law & Jurisdiction
Darlenes Gifts from the Heart LLC operates solely within the U.S. in the state of Pennsylvania.
  • Clause: Any legal disputes will be governed by the laws of Pennsylvania, without regard to conflict of law principles.
  • Venue: Any legal actions or arbitration must be filed in Adams County Pennsylvania (PA)
2. Mandatory Arbitration & Class Action Waiver
  • Arbitration: Users are required to resolve individual disputes through binding arbitration (such as through the American Arbitration Association) rather than a traditional courtroom trial.
  • Class Action Waiver: The customer agrees to bring claims only in their individual capacity and waives the right to participate as a plaintiff or class member in any purported class, collective, or representative proceeding.
3. Domestic Shipping & Risk of Loss
Darlenes Gifts from the Heart, LLC only ships domestically through local mail carriers which are USPS, UPS, and FedEx.
  • FOB Shipping Point: All items are purchased pursuant to a shipment contract. This means that the risk of loss and title for the merchandise passes to the customer the moment that Darlenes Gifts from the Heart, LLC hands the package over to the carrier.
  • Stolen Packages: Our business is not financially responsible for "porch piracy" or packages marked as "delivered" by the carrier but claimed missing by the buyer.
4. Sales Tax Compliance
U.S. sales tax compliance is highly complex due to "Economic Nexus" laws established after the Supreme Court's South Dakota v. Wayfair ruling. [1, 2, 3]
  • The Clause: Sales tax will be automatically calculated and added to the checkout total based on the customer’s delivery address, where required by state law.
  • Exemptions: If a buyer is a tax-exempt reseller, they must submit proper documentation prior to purchasing, as sales tax cannot be refunded post-sale.
5. Age Restrictions Under U.S. Law
Online privacy and safety rules
  • COPPA Compliance: The Children's Online Privacy Protection Act restricts online data collection from children under 13. This website is intended only for users 18 years of age or older (or the age of majority in their state) to purchase items.
  • Adult Buyers: While some of the products on our website are designed for children or collectors, the website account creation and transaction tools are restricted to adults who can legally enter a binding financial contract.