Terms of service
OVERVIEW
Welcome to Overture Gifts! The terms “we”, “us” and “our” refer to Overture Gifts. Overture Gifts operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Overture Gifts is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Overture Gifts reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Overture Gifts confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Overture Gifts may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Overture Gifts, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Overture Gifts, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Overture Gifts.
Overture Gifts’s names, logos, product and service names, designs, and slogans are trademarks of Overture Gifts or its affiliates or licensors. You must not use such trademarks without the prior written permission of Overture Gifts. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Overture Gifts is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Overture Gifts. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Overture Gifts, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Overture Gifts.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Overture Gifts, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Overture Gifts, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Overture Gifts, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Overture Gifts, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Overture Gifts is headquartered. You and Overture Gifts consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at overturegifts@mail.com.
Our contact information is posted below:
Overture Gifts (Mount Everest Holdings, Inc.)
overturegifts@mail.com
13300 Bothell Everett Hwy, Ste. 303, Mill Creek, WA 98012
D-U-N-S® Number: 119525602
Terms of Service Continued
TERMS OF SERVICE
Last Updated: February 13th, 2026
These Terms of Service (“Terms”) govern your access to and use of OvertureGifts.store (the “Site”).
The Site is owned and operated by Mount Everest Holdings, Inc. (“Company”), doing business under the brand name “Overture Gifts.” Overture Gifts is a brand division only and not a separate legal entity.
By accessing or using the Site, placing an order, or clicking “I Agree,” you enter into a binding contract with the Company.
1. ELIGIBILITY
You must be at least 18 years old and legally competent to form binding contracts.
2. MODIFICATION OF TERMS
We may modify these Terms at any time. Updates are effective immediately upon posting. Continued use constitutes acceptance.
We reserve the right to discontinue or modify any aspect of the Site at any time without liability.
3. BRAND STATUS DISCLOSURE
“Overture Gifts” is a trade name and brand division of the Company. All transactions are with Mount Everest Holdings, Inc.
No officer, director, employee, or shareholder has personal liability.
4. PRODUCTS & AVAILABILITY
We reserve the right to:
Limit quantities
Refuse or cancel orders
Correct errors
Discontinue products
Product images are illustrative and may vary.
5. PRICING & PAYMENT
Prices are in USD.
We may cancel orders due to pricing errors.
You authorize us and our payment processors to charge your payment method.
We are not liable for:
Banking errors
Processor outages
Currency conversion fees
6. FRAUD PREVENTION & CHARGEBACK ENFORCEMENT
We reserve sole discretion to:
Hold orders
Request identity verification
Cancel suspected fraudulent transactions
Improper chargebacks constitute material breach.
We may pursue:
Collections
Legal action
Recovery of chargeback fees
Reporting to fraud databases
7. SHIPPING & RISK OF LOSS
Risk of loss transfers upon delivery to the carrier.
We are not responsible for:
Carrier delays
Customs holds
Theft after delivery confirmation
You must inspect shipments within 5 days of delivery.
8. RETURNS
Returns are governed by our posted Return Policy.
We reserve sole discretion over eligibility.
Final sale and custom items may be non-returnable.
9. ANTI-RESALE & DIVERSION
Products are sold for personal use only.
We may refuse or cancel orders suspected of resale, diversion, or unauthorized distribution.
We may limit quantities per customer.
10. INTELLECTUAL PROPERTY
All content on the Site is owned by the Company and protected by law.
You may not copy, scrape, reproduce, modify, or commercially exploit content without written consent.
11. TRADEMARKS
All marks, logos, and branding are proprietary.
Unauthorized use is prohibited.
12. USER CONDUCT
You may not:
Violate laws
Upload malware
Attempt security breaches
Interfere with Site functionality
Use bots or scraping tools
We may terminate access without notice.
13. USER-GENERATED CONTENT LICENSE
By submitting content, you grant the Company a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, distribute, and display such content.
14. DMCA POLICY
We respect intellectual property rights. If you believe content infringes your copyright, submit a written notice including:
Identification of the copyrighted work
Identification of the allegedly infringing material
Contact information
Statement under penalty of perjury
We may remove material at our discretion.
15. EXPORT COMPLIANCE
You agree not to use or export products in violation of U.S. export laws.
16. THIRD-PARTY SERVICES DISCLAIMER
The Site may integrate third-party tools or payment processors. We are not responsible for their actions, errors, or security practices.
17. AI & CONTENT DISCLAIMER
Some content may be generated using automated tools. We do not guarantee accuracy or completeness.
18. ADA DISCLAIMER
We strive for accessibility but do not warrant the Site will meet all accessibility standards at all times.
19. DISCLAIMER OF WARRANTIES
THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
20. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES.
TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU PAID FOR THE PRODUCT AT ISSUE
$100 USD
21. SHORTENED STATUTE OF LIMITATIONS
Any claim must be brought within one (1) year of the event giving rise to the claim.
22. INDEMNIFICATION
You agree to indemnify and hold harmless:
Mount Everest Holdings, Inc.
Its officers, directors, employees, shareholders, and agents
From all claims arising from your breach, misuse, or violation of law.
23. FORCE MAJEURE
We are not liable for delays caused by events beyond reasonable control, including natural disasters, war, terrorism, supply chain disruptions, or government action.
24. BINDING ARBITRATION & CLASS ACTION WAIVER
PLEASE READ CAREFULLY.
All disputes shall be resolved exclusively through binding arbitration governed by the Federal Arbitration Act.
Administered by AAA.
Arbitration shall occur in Washington State unless required otherwise by law.
Delegation Clause
The arbitrator, not any court, shall have exclusive authority to resolve disputes regarding enforceability or scope of this arbitration provision.
Class Action Waiver
You waive any right to participate in class, collective, consolidated, or representative actions.
Mass Arbitration Provision
If 25 or more similar claims are filed, they shall be resolved in coordinated bellwether proceedings as determined by the arbitrator.
Jury Trial Waiver
You waive the right to a jury trial.
25. GOVERNING LAW
Governed by:
Federal Arbitration Act
Laws of the State of Washington
26. VENUE FALLBACK
If arbitration is deemed unenforceable, exclusive jurisdiction shall lie in state or federal courts located in Washington State.
27. ASSIGNMENT
We may assign rights without notice. You may not assign without written consent.
28. NO RELIANCE
You acknowledge you are not relying on any representations not expressly contained in these Terms.
29. SEVERABILITY WITH REFORMATION
Unenforceable provisions shall be modified to the minimum extent necessary to preserve enforceability.
30. SURVIVAL
Arbitration, indemnification, limitation of liability, and intellectual property provisions survive termination.
31. ELECTRONIC COMMUNICATIONS & ASSENT
Electronic acceptance constitutes binding agreement.
You consent to receive communications electronically.
32. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and the Company.
33. CONTACT
Mount Everest Holdings, Inc. (Overture Gifts)
13300 Bothell Everett Hwy
Suite 303
Mill Creek Washington 98012
OvertureGifts@Mail.com
Copyright © Overture Gifts 2026 - All rights reserved. Overture Gifts is a wholly owned subsidiary of Mount Everest Holdings, Inc.
