Terms & Conditions

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES

This agreement takes effect when you click the "I Accept" button below or by accessing or using

the online Services. If you do not agree to these terms, please select the "I Decline" button below, or close

this browser window. If you do not accept these terms, you may not access or use these Services. Any

changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should

review these Terms prior to purchasing any Services that are available through this Site. Your continued

use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such

changes.

1. Your rights and obligations.

(a) This document contains very important information regarding your rights

and obligations, as well as conditions, limitations, and exclusions that might apply to

you. Please read it carefully.

(b) These terms require the use of mediation to resolve disputes, rather than

jury trials.

that you are of legal age to enter into this agreement, and you accept and are bound by

these terms and conditions. You affirm that if you place an order on behalf of an

organization or company, you have the legal authority to bind any such organization or

company to these terms.

(d) You may not order or obtain products or services from this website if you

(i) do not agree to these terms, (ii) are not the older of (a) at least 18 years of age or (b)

legal age to form a binding contract with TAG’D by Kind and Co. LLC, or (iii) are

prohibited from accessing or using this website or any of this website's contents, products

or services by applicable law.

(e) These terms and conditions (these "Terms") apply to the purchase and sale

of products and services through [WEBSITE NAME] (the "Site"). These Terms are

subject to change by TAG’D by Kind and Co. LLC (referred to as "us," "we," or "our" as

the context may require) without prior written notice at any time, in our sole discretion.

Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on

the Site. You should review these Terms prior to purchasing any product or services that

are available through this Site. Your continued use of this Site after the "Last Updated

Date" will constitute your acceptance of and agreement to such changes.

(f) These Terms are an integral part of the Website Terms of Use that apply

generally to the use of our Site. You should also carefully review our Privacy Policy

before placing an order for products or services through this Site (see Section 10 ).

2. Products and Orders.

(a) Each gift basket is carefully curated and may contain a mix of third-party

products. Product availability may vary. We reserve the right to substitute items of equal

or greater value. Product images are for illustrative purposes only and may not represent

the exact contents. While some gift baskets are more theme oriented not all items will contain the theme in or on them. (Example: If the theme is “Bluey” there will be “Bluey” items in the basket but there will also be other items that compliment the “theme”.)

(b) Items in gift basket/care package may be taken out of original box/plastic wrap/container, etc. and/or have price tags/other tags removed for display or other purposes. All items in gift baskets will be and arrive brand new and unused.

(c) All gift baskets will arrive in plastic wrap or a gift basket bag. Gift basket may or may not contain a bow. Bows & other such items may vary in color, size, pattern, etc. and may be different than what is seen in pictures. Gift baskets are not sealed/tied with a bow until they are ready to be shipped out.

(d)Please note that some photos on the website may be AI or otherwise generated to show the potentiality of basket themes, content, items, etc.

(e) Customers choosing to “BYOB” may not see any or every item prior to the basket being completed. Buyer will get photos of the completed basket and will be allowed 2 (TWO) revisions of up to 4 items. This is offered for BYOB ONLY.

(f) Premade baskets can be minimally customized. Up to 2 items can be swapped out, removed, added, etc. If the customer wants to change more than 2 items they will need to switch to our BYOB option

3. Order Acceptance and Cancellation. You agree that your order is an offer to buy,

under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to

accept orders at our sole discretion, even after we send you a confirmation email with your order

number and details of the items you have ordered.

4. Prices and Payment Terms.

(a) All prices, discounts, and promotions posted on this Site are subject to

change without notice. The price charged for a product or service will be the price

advertised on this Site at the time the order is placed, subject to the terms of any

promotions or discounts that may be applicable. The price charged will be clearly stated

in your order confirmation email. Price increases will only apply to orders placed after

the time of the increase. Posted prices do not include taxes or charges for shipping and

handling. All such taxes and charges will be added to your total price and will be

itemized in your shopping cart and in your order confirmation email. We strive to display

accurate price information, however, we may, on occasion, make inadvertent

typographical errors, inaccuracies or omissions related to pricing and availability. We

reserve the right to correct any errors, inaccuracies, or omissions at any time and to

cancel any orders arising from such occurrences.

(b) Terms of payment are within our sole discretion and, unless otherwise

agreed by us in writing, payment must be received by us before our acceptance of an

order. We accept APPROVED CREDIT CARDS AND OTHER PAYMENT METHODS

for all purchases. You represent and warrant that (i) the credit card information you

supply to us 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, regardless of the amount

quoted on the Site at the time of your order.

5. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the products to you. Please check the

individual product page for specific delivery options. You will pay all shipping and

handling charges unless otherwise specified in the order confirmation. You are

responsible for providing accurate shipping details.

(b) Title and risk of loss pass to you upon our transfer of the products to the

carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are

not liable for any delays in shipments. We are not responsible for delays due to shipping

carriers, weather, or incorrect addresses. We are not responsible for delays due to

shipping carriers, weather, or incorrect addresses.

6. Returns and Refunds. Due to the perishable and customized nature of our

products, all sales are final. If your order arrives damaged or incorrect, please contact us at

[Tagdbykindco@gmail.com] within [3] days for resolution. We may offer a replacement or

partial refund at our discretion. ( * If you will need more than 3 days to allow the basket to be opened and viewed, please let us know prior to purchasing so we can make a note to allow a longer grace period. This will be determined on a case by case basis.)

7. Dietary Concerns

(a) Some baskets may include items that contain common allergens, including

but not limited to: nuts, dairy, gluten, soy, eggs, and shellfish.

(b) We do not guarantee that any product is allergen-free. We will do our best to avoid any allergens made known to us by the customer. It is the responsibility of the customer/consumer to ensure items/products are free of any allergens.

their medical professional regarding dietary restrictions.

(d) TAG’D by Kind and Co. LLC is not liable for allergic reactions or dietary

concerns resulting from consumption of included products.

8. Alcohol Disclaimer

(a) If your basket contains alcohol, you must be 21 years of age or older to

purchase or receive it. A signature and valid government-issued ID will be required upon

delivery. Alcohol cannot be shipped to certain states or regions—please check our

shipping policies for restrictions.

8(b). Energy/specialty Drink Disclaimer: If your basket contains an energy drink, drink with electrolytes, etc. you are solely responsible for checking with your healthcare provider prior to consuming these items. TAG’D by Kind and Co. LLC is not liable for allergic or other reactions or dietary concerns resulting from consumption of included products.

(c) If you are purchasing a basket for a minor and it contains the above mentioned (excluding alcohol) the purchasing customer and/or parent/guardian is/are responsible for their consumption of these items. TAG’D by Kind and Co. LLC is not liable for allergic or other reactions or dietary concerns resulting from consumption of included products. *TAG’D by Kind and Co. LLC will not sell a basket containing alcohol or tobacco products to customers under the legal age of consumption/use, nor will TAG’D by Kind and Co. LLC sell a basket containing alcohol, tobacco or other age restricted products to a customer if the intended recipient is a minor.*

9. Corporate Gifting

(a) For bulk or custom corporate orders, we offer personalization services. A

minimum order quantity and lead time may apply.

(b) Corporate clients must confirm all recipient addresses and shipping

deadlines at least [14] in advance.

additional fees.

10. Limited Warranty.

(a) We warrant to you that we shall perform the services purchased through

the Site using personnel of required skill, experience and qualifications and in a

professional and workmanlike manner in accordance with generally recognized industry

standards for similar services and shall devote adequate resources to meet our obligations

under these Terms.

(b) WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO

THE PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING ANY (i)

WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A

PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY

AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A

THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF

DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SECTION 6(b), WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO

THE SERVICES PURCHASED THROUGH THE SITE. ALL WARRANTIES WITH

RESPECT TO THE SERVICES, EXPRESS AND IMPLIED, ARE EXPRESSLY

DISCLAIMED.

(d) Products manufactured by a third party ("Third Party Product") may

constitute, contain, be contained in, incorporated into, attached to or packaged together

with, the products. Third Party Products are not covered by the warranty in Section 6(a).

For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES

WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (i)

WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A

PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY

AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A

THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF

DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

(e) We shall not be liable for a breach of the warranties set forth in Section

6(a) and Section 6(b) unless: (i) you give written notice of the defective products or

services, as the case may be, reasonably described, to us within 30 days of the time when

you discover or ought to have discovered the defect; (ii) if applicable, we are given a

reasonable opportunity after receiving the notice of breach of the warranty set forth in

Section 6(a) to examine such products and you (if we so request) return such products to

our place of business at your cost for the examination to take place there; and (iii) we

reasonably verify your claim that the products or services are defective.

(f) We shall not be liable for a breach of the warranty set forth in Section 6(a)

if: (i) you make any further use of such products after you give such notice; (ii) the defect

arises because you failed to follow our oral or written instructions as to the storage,

installation, commissioning, use or maintenance of the products; or (iii) you alter or

repair such products without our prior written consent.

(g) Subject to Section 6(f) and Section 6(g) above, with respect to any such

products during the Warranty Period, we shall, in our sole discretion, either: (i) repair or

replace such products (or the defective part) or (ii) credit or refund the amounts paid by

you for such products provided that, if we so request, you shall, at your expense, return

such products to us.

(h) Subject to Section 6(f) above, with respect to any services subject to a

claim under the warranty set forth in Section 6(b), we shall, in our sole discretion, (i)

repair or re-perform the applicable services or (ii) credit or refund the amounts paid by

you for such services.

(i) THE REMEDIES SET FORTH IN SECTION 6(h) AND SECTION 6(i)

SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE

LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN

SECTION 6(a) and SECTION 6(b), RESPECTIVELY.

11. Limitation of Liability.

(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD

PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR

DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT,

INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER

ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)

OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE

FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE

OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING

OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR

RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR

OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS

AND SERVICES SOLD THROUGH THE SITE.

liability resulting from Seller's gross negligence or willful misconduct and (ii) death or

bodily injury resulting from Seller’s acts or omissions.

12. Goods Not for Resale or Export. You represent and warrant that you are buying

products or services from the Site for your own use only, and not for resale or export. You

further represent and warrant that all purchases are intended for final delivery to locations within

the US.

13. This Section Retained Only for Continuity.

14. Privacy. We respect your privacy and are committed to protecting it. Our Privacy

Policy, [tagdbykindco.com], governs the processing of all personal data collected from you

in connection with your purchase of products or services through the Site.

15. Force Majeure.

(a) No party shall be liable or responsible to the other party, or be deemed to

have defaulted under or breached this Agreement, for any failure or delay in fulfilling or

performing any term of this Agreement (except for any of your obligations to make

payments to us hereunder), when and to the extent such failure or delay is caused by or

results from acts beyond the impacted party's ("Impacted Party") reasonable control,

including, without limitation, the following force majeure events ("Force Majeure

Event(s)"): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or

catastrophe(s), such as epidemics, or explosion; (c) war, invasion, hostilities (whether

war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government

order, law, or action; (e) embargoes or blockades in effect on or after the date of this

Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns

or other industrial disturbances; and [(h) telecommunication breakdowns, power outages

or shortages, lack of warehouse or storage space, inadequate transportation services, or

inability or delay in obtaining supplies of adequate or suitable materials; and (i) other

events beyond the reasonable control of the Impacted Party.

16. Governing Law and Jurisdiction. All matters arising out of or relating to these

Terms are governed by and construed in accordance with the internal laws of the State of

Georgia without giving effect to any choice or conflict of law provision or rule (whether of the

State of Georgia or any other jurisdiction) that would cause the application of the laws of any

jurisdiction other than those of the State of Georgia.

17. Waiver of Jury Trials and Mediation.

(a) YOU AND TAG’D by Kind and Co. LLC ARE AGREEING TO GIVE

UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY.

OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY

ALSO BE UNAVAILABLE OR MAY BE LIMITED IN MEDIATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN

CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR

FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION,

COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE

CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY

WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE

SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY MEDIATION.

If any provision of this mediation agreement is found unenforceable, the

unenforceable provision will be severed, and the remaining mediation terms will be

enforced.

18. Assignment. You will not assign any of your rights or delegate any of your

obligations under these Terms without our prior written consent. Any purported assignment or

delegation in violation of this Section 14 is null and void. No assignment or delegation relieves

you of any of your obligations under these Terms.

19. No Waivers. The failure by us to enforce any right or provision of these Terms

will not constitute a waiver of future enforcement of that right or provision. The waiver of any

right or provision will be effective only if in writing and signed by a duly authorized

representative of TAG’D by Kind and Co. LLC.

20. No Third-Party Beneficiaries. These Terms do not and are not intended to confer

any rights or remedies upon any person or entity other than you.

21. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i)

sending a message to the e-mail address you provide or (ii) posting to the Site. Notices

sent by e-mail will be effective when we send the e-mail and notices we provide by

posting will be effective upon posting. It is your responsibility to keep your e-mail

address current.

(b) To Us. To give us notice under these Terms, you must contact us as

follows: by personal delivery, overnight courier or registered or certified mail to [415 Peachtree Parkway STE 250 Cumming GA 30041 ]

]. We may update the facsimile number or address for notices to

us by posting a notice on the Site. Notices provided by personal delivery will be effective

immediately. Notices provided by facsimile transmission or overnight courier will be

effective one business day after they are sent. Notices provided by registered or certified

mail will be effective three business days after they are sent.

22. Severability. If any provision of these Terms is invalid, illegal, void or

unenforceable, then that provision will be deemed severed from these Terms and will not affect

the validity or enforceability of the remaining provisions of these Terms.

23. Entire Agreement. Our order confirmation, these Terms, our Website Terms of

Use and our Privacy Policy will be deemed the final and integrated agreement between you and

us on the matters contained in these Terms.

24. Last Updated Date. November 7th, 2025