Terms of service

Last updated: November 15, 2025

Welcome to PINO Gifts (the “Site,” “we,” “us,” or “our”). These Terms of Service (“Terms”) explain the rules for using our website and purchasing our products and services.

By accessing or using this Site, placing an order, or otherwise interacting with us, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. Company Information

PINO Gifts is operated by PINO USA, LLC, doing business as “PINO Gifts”, with its principal business address at:

28 GEARY ST
STE 650 # 150
SAN FRANCISCO, CALIFORNIA 94108
United States

We are currently a local-delivery-based business. At this time, we only offer local delivery within our service area and do not ship orders outside that area.

For questions about these Terms, you can contact us at:

Email: support@pinogifts.com

2. Eligibility

By using this Site, you represent and warrant that:

You are at least 18 years old (or the age of majority in your jurisdiction), or you are using the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms; and
You have the legal capacity to enter into a binding contract.

Certain products (for example, items containing alcohol or age-restricted goods, if offered) may have additional age restrictions. Where required by law, we may request proof of age at purchase or delivery.

3. Use of the Site

You agree to use the Site only for lawful purposes and in compliance with these Terms and all applicable laws.

You agree not to:

Use the Site for any fraudulent or unlawful purpose;
Interfere with or disrupt the operation of the Site;
Attempt to gain unauthorized access to our systems or other users’ data;
Use any automated means (bots, scrapers, etc.) to access the Site without our written permission;
Impersonate any person or entity or misrepresent your affiliation with any person or entity.

We may suspend or terminate your access to the Site at any time if we believe you have violated these Terms or any applicable law.

4. Accounts

You may be able to create an account to streamline checkout and access certain features.

You are responsible for:

Maintaining the confidentiality of your account login information; and
All activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account at support@pinogifts.com

We reserve the right to refuse registration, terminate accounts, or remove or edit content in our sole discretion.

5. Products, Availability & Descriptions

We offer curated gifts, balloon arrangements, and related products (“Products”), which may include:

Gift boxes and curated sets
Balloon arrangements and displays
Seasonal, personalized, and custom items

We make reasonable efforts to display the colors, details, and descriptions of our Products accurately. However:

Actual colors and appearance may vary due to screen settings, lighting, and handcrafted/custom details;
All Products are subject to availability;
We may limit quantities, discontinue Products, or change designs at any time.

We reserve the right to refuse any order you place with us, including due to suspected fraud, unauthorized or illegal activity, or other concerns.

6. Pricing, Taxes & Promotions

All prices are listed in “U.S. dollars (USD)” unless otherwise specified.

Taxes: Applicable sales tax and other fees will be added at checkout based on your delivery address and applicable California and local tax rules.
Delivery Fees: Local delivery fees are shown during checkout and/or described in our delivery information.
Promotions & Discount Codes: Discounts, coupons, and promotions may have specific terms and expiration dates. We may modify or cancel promotions at any time.

We may correct any errors or inaccuracies in pricing and availability and change or update information or cancel orders if any information on the Site is inaccurate, at any time without prior notice (including after you have submitted your order).

7. Orders & Payment

By placing an order, you:

Agree that all information you provide is accurate, complete, and current; and
Authorize us (or our third-party payment processor) to charge the full amount of your order (including product prices, taxes, local delivery fees, and any other applicable charges) to your selected payment method.

We accept payments via major credit/debit cards, PayPal, Shop Pay.

Your order is considered an offer to purchase. We may accept or decline your order at our sole discretion. If we decline an order after payment has been processed, we will issue a refund to your original payment method.

8. Local Delivery Only (No Shipping Yet)

We currently offer local delivery only and do not ship orders outside our service area.

Local delivery area: We currently deliver to addresses within approximately 40–50 miles of ZIP code 94043 (Mountain View, California).
Delivery eligibility: At checkout, you must provide a delivery address within our service area. If the address is outside our delivery area or cannot be serviced, we may cancel your order and issue a refund.
Delivery windows: Local deliveries are made on Monday, Wednesday and Saturdays. We will make reasonable efforts to deliver within the selected time window, but specific delivery times are not guaranteed.
Access to property: If your address requires special access (e.g., gated community, secure building, concierge), you are responsible for ensuring that our driver can access the property at the scheduled time. If we cannot gain access, we may contact you for instructions or, at our discretion, treat the delivery as completed if we leave the order with a concierge or in another designated area, or we may schedule a re-delivery which may be subject to an additional fee.
If recipient is unavailable: If the recipient is not available at the time of delivery, we may:

Attempt to contact you using the contact information provided; and/or
Leave the order in what we reasonably believe is a safe location at the delivery address (for example, at the front door, porch, lobby, or with a concierge), when appropriate for the item; or
If delivery cannot be completed, reschedule delivery, which may be subject to an additional fee.

By placing an order, you authorize us to leave the order at the delivery address if no one is available, unless you explicitly request otherwise in the order notes and we confirm that we can accommodate that request.

Risk of Loss: Risk of loss and title to the Products pass to you once we complete delivery to the address you provided or leave the order at the location you authorized (including front door, lobby, or concierge, if applicable).

If we later introduce shipping or pickup options, we may update this section and/or create a separate Shipping & Delivery Policy, which will be incorporated into these Terms.

9. Returns, Refunds & Cancellations

Because many of our Products are personalized, custom-made, and time-sensitive (including balloon arrangements), our ability to accept returns is limited.

9.1 Order Changes & Cancellations

You may request changes or cancellation of your order up until the later of:

24 hours after placing your order, or
72 hours before your scheduled delivery window.

If your request is made after that time, we may be unable to change or cancel the order, especially if custom or personalized work has already begun or delivery preparation is underway.

Some examples (for illustration only):

If you place an order 5 days before delivery, you can typically request changes/cancellation up until 24 hours after placing the order or 72 hours before delivery, whichever gives you more time.
If you place an order very close to the delivery date (for example, 2 days before), you will generally have at least 24 hours after placing your order to request changes or cancellation, even if that is within 72 hours of the delivery time.

We will confirm by email whether your change/cancellation request is approved and whether any adjustments or credits will apply.

9.2 General Return Policy – All Sales Final Except Damaged/Incorrect

Except as described under “Damaged or Incorrect Orders” below or as required by law, all sales are final and we do not accept returns or exchanges. This includes, without limitation:

Personalized or custom Products (e.g., names or messages on balloons, tags, or packaging);
Balloon arrangements and other time-sensitive or perishable items;
Opened, used, or partially consumed items;
Any items marked “Final Sale,” “No Returns,” or similar on the product page.

9.3 Damaged or Incorrect Orders (Only Return/Refund Scenario)

If your order arrives damaged or incorrect, please contact us at support@pinogifts.com within 48 hours of delivery with:

Your order number; and
Clear photos of the Products and packaging that show the issue, and any relevant description.

We will review your request and, if approved, may offer one or more of the following, at our discretion:

A replacement of all or part of the order;
A partial refund;
A full refund;
Store credit.

Our response will take into account the nature of the Product (e.g., time-sensitive balloons), the extent of the damage or error, and what is reasonably possible under the circumstances.

Nothing in this section is intended to limit any non-waivable rights you may have under California consumer protection laws.

In the future, we may publish a detailed Return & Refund Policy on the Site, which will be incorporated into these Terms.

10. Personalized & Custom Orders

Some Products may allow personalization (such as names, dates, or custom messages on balloons, cards, or packaging).

By submitting any personalization details, you represent and warrant that:

You have all necessary rights to use the text or content you provide;
The content does not infringe any third-party rights (including trademarks, copyrights, privacy, or publicity rights);
The content is not illegal, abusive, hateful, defamatory, obscene, or otherwise inappropriate.

We reserve the right (but are not obligated) to reject or cancel any personalized or custom order that includes content we deem inappropriate, infringing, or otherwise objectionable.

Because of their nature and as noted above, personalized and custom items are generally final sale and non-refundable, except where required by law or covered under our “Damaged or Incorrect Orders” process.

11. Gift Messages & User-Generated Content

You may be able to submit gift messages, reviews, photos, or other content (“User Content”).

By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, translate, distribute, display, and create derivative works from your User Content in connection with our business, including for marketing and promotional purposes, in any media now known or later developed, without compensation to you.

You represent and warrant that:

You own or have the necessary rights to submit the User Content;
Your User Content does not violate any law or third-party rights;
Your User Content is not harmful, harassing, defamatory, obscene, hateful, or otherwise inappropriate.

We may remove or refuse to display any User Content at our discretion.

12. Safety Notices (Balloons & Gift Items)

Some Products may pose safety risks if not used properly, including but not limited to:

Latex balloons (choking hazard, especially for children under 8);
Small or detachable decorative items that may pose a choking hazard;
Candles or items involving open flames;
Edible items that may contain allergens (e.g., nuts, dairy, etc., if offered).

You agree to:

Follow all warning labels and instructions provided with our Products;
Keep hazardous items away from young children, pets, and open flames;
Not intentionally inhale helium or other gases from balloons;
Use Products only as intended.

We are not responsible for misuse of Products or failure to follow safety guidelines. This section does not limit any non-waivable consumer rights under California law.

13. Intellectual Property

All content on the Site, including text, graphics, logos, images, product photos, designs, icons, and software, is owned by or licensed to PINO USA, LLC and protected by intellectual property laws.

You may not:

Copy, reproduce, distribute, modify, or create derivative works based on any part of the Site or its content without our prior written consent;
Use our trademarks, trade dress, or branding without our express written permission.

You may use the Site and its content solely for your personal, non-commercial use in connection with viewing the Site and placing orders.

14. Third-Party Services & Links

Our Site may include links to third-party websites or services (for example, payment processors, mapping/delivery tools, or social media platforms).

We are not responsible for:

The content, policies, or practices of third-party sites or services; or
Any damages or losses arising from your use of third-party sites.

Your use of third-party services is subject to their own terms and privacy policies.

15. Disclaimer of Warranties

To the fullest extent permitted by law, the Site and all Products and services provided through it are offered on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied.

Without limiting the foregoing, we do not warrant that:

The Site will be uninterrupted, secure, or error-free;
Any defects will be corrected;
The information on the Site is complete, accurate, or current at all times.

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Nothing in these Terms is intended to limit any non-waivable warranties or rights you may have as a consumer under California law.

16. Limitation of Liability

To the fullest extent permitted by law:

PINO USA, LLC, its owners, managers, employees, agents, and affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or business interruption, arising out of or related to your use of the Site or Products, even if we have been advised of the possibility of such damages.
Our total liability for any claim relating to the Site, Products, or these Terms shall not exceed the amount you paid to us for the specific order or Product giving rise to that claim.

Some jurisdictions do not allow limitations on implied warranties or exclusion/limitation of certain damages, so some of the above may not apply to you.

17. Indemnification

You agree to indemnify, defend, and hold harmless PINO USA, LLC, its owners, managers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use of the Site or Products;
Your violation of these Terms; or
Your violation of any law or the rights of any third party.

18. Governing Law & Dispute Resolution

These Terms and any dispute arising out of or relating to your use of the Site or our Products shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

You agree that any legal action or proceeding between you and us related to these Terms shall be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.

Nothing in this section is intended to limit any rights you may have under California’s consumer protection laws.

19. Changes to the Site & Terms

We may update, change, or discontinue any part of the Site or our Products at any time without notice.

We may also modify these Terms from time to time. When we do, we will update the “Last updated” date at the top of these Terms and may post additional notice on the Site.

Your continued use of the Site after any changes to the Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you should stop using the Site and not place additional orders.

20. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of any remaining provisions.

21. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms presented at checkout, plus any future Shipping & Delivery Policy and Return & Refund Policy we may publish, constitute the entire agreement between you and us regarding your use of the Site and purchase of our Products.