Terms & Conditions
Last Updated: June 30, 2026
Welcome to FOMO.Gifts. These Terms & Conditions govern your use of our website, products, and services. By visiting our website or placing an order, you agree to be bound by these Terms. Please read them carefully before using our site or purchasing from us.
1. About FOMO.Gifts
FOMO.Gifts is an ecommerce brand offering personalized gifts, custom products, and trending gift items. Many of our products are made-to-order, customized, or produced based on the information, images, text, designs, or personalization details submitted by the customer.
Throughout these Terms, “we,” “us,” and “our” refer to FOMO.Gifts. “You” and “your” refer to the customer, website visitor, or person using our services.
2. Use of Our Website
By using our website, you agree that you will not use it for any unlawful, abusive, fraudulent, harmful, or unauthorized purpose. You also agree not to interfere with the security, functionality, or normal operation of the website.
You must be at least the age of majority in your state, province, or country of residence, or have permission from a parent or legal guardian, to use this website and make purchases.
3. Product Information
We do our best to display our products, descriptions, colors, images, pricing, and details as accurately as possible. However, we cannot guarantee that your device screen will display colors or product details perfectly.
Product availability, pricing, descriptions, and designs may change at any time without notice. We reserve the right to modify, discontinue, or limit the availability of any product at our discretion.
4. Personalized and Custom Products
Many products sold by FOMO.Gifts are custom-made, personalized, or produced specifically for each customer. You are responsible for carefully reviewing all personalization details before submitting your order, including but not limited to names, dates, spelling, images, uploaded artwork, messages, colors, product options, sizes, and shipping information.
Once a custom or personalized order is submitted, it may enter production quickly. Because of this, we may not be able to cancel, change, or edit an order after it has been placed.
We are not responsible for mistakes submitted by the customer, including typos, incorrect names, low-quality images, incorrect dates, wrong product selections, or inaccurate personalization details.
5. Customer-Submitted Content
If you upload, submit, or provide any image, text, design, logo, artwork, photo, name, message, or other content for use on a product, you represent and warrant that:
- You own the content or have the legal right and permission to use it.
- The content does not violate any copyright, trademark, privacy right, publicity right, or other legal right of any person or business.
- The content is not unlawful, abusive, defamatory, hateful, threatening, obscene, sexually explicit, misleading, or otherwise inappropriate.
By submitting content to us, you grant FOMO.Gifts and our production partners permission to use, reproduce, modify, print, display, and process that content solely for the purpose of fulfilling your order and providing related services.
We reserve the right to refuse, cancel, or reject any order that includes content we believe may be unlawful, offensive, infringing, inappropriate, or otherwise in violation of these Terms.
6. Order Acceptance and Cancellation
After you place an order, you may receive an order confirmation email. This confirmation does not guarantee acceptance of the order. We reserve the right to refuse or cancel any order for any reason, including suspected fraud, payment issues, product availability, pricing errors, personalization issues, or violation of these Terms.
If your order is canceled after payment has been processed, we will issue a refund to the original payment method when appropriate.
Because many of our products are custom-made or made-to-order, cancellation requests are not guaranteed once an order has been submitted.
7. Pricing and Payment
All prices are listed in U.S. dollars unless otherwise stated. Prices do not necessarily include taxes, shipping fees, customs duties, or other charges unless clearly shown at checkout.
You agree to provide current, complete, and accurate payment and billing information. By submitting payment information, you confirm that you are authorized to use the selected payment method.
We reserve the right to correct pricing errors, cancel orders affected by pricing mistakes, and update product pricing at any time.
8. Shipping and Delivery
Shipping times, delivery estimates, and production timelines are estimates only and are not guaranteed unless specifically stated. Custom and made-to-order products may require additional production time before shipment.
We are not responsible for delays caused by shipping carriers, customs processing, incorrect shipping addresses, weather events, holidays, supply chain delays, or circumstances outside our control.
You are responsible for providing a complete and accurate shipping address at checkout. FOMO.Gifts is not responsible for orders delayed, lost, returned, or delivered incorrectly due to an inaccurate or incomplete address provided by the customer.
If a package is marked as delivered by the carrier but you did not receive it, please contact the shipping carrier directly for assistance. We will do our best to help where possible, but we are not responsible for stolen packages or delivery issues after the carrier confirms delivery.
9. Returns, Refunds, and Replacements
Because many of our products are personalized, custom-made, or produced specifically for each order, all sales are final unless the product arrives damaged, defective, or the item received is materially different from what was ordered.
We do not offer refunds, returns, or exchanges for customer-submitted errors, including spelling mistakes, incorrect images, wrong names, wrong dates, incorrect product options, wrong sizes, or low-quality uploaded images.
If your item arrives damaged, defective, or significantly different from the approved or submitted design, please contact us within 7 days of delivery with your order number and clear photos of the issue.
After reviewing your request, we may offer a replacement, store credit, refund, or another appropriate resolution at our discretion.
For more details, please review our Refund Policy.
10. Intellectual Property
All content on the FOMO.Gifts website, including text, graphics, logos, product images, designs, icons, branding, page layouts, and website content, is owned by or licensed to FOMO.Gifts and is protected by applicable intellectual property laws.
You may not copy, reproduce, distribute, modify, sell, exploit, or use our website content, branding, product designs, or materials without our written permission.
Customer-submitted content remains the property of the original owner, but you grant us the limited permission needed to produce and fulfill your order.
11. Promotions, Discounts, and Gift Offers
From time to time, we may offer promotions, discounts, coupon codes, bundles, free shipping offers, or limited-time deals. These offers may be modified, limited, or discontinued at any time without notice.
Promotional codes must be used at the time of checkout and generally cannot be applied retroactively after an order has been placed.
We reserve the right to cancel or refuse promotions that are used incorrectly, fraudulently, or in violation of the offer terms.
12. Third-Party Services
Our website may use third-party services for payment processing, order fulfillment, shipping, analytics, marketing, product production, and other business operations. Your use of those services may also be subject to their own terms and privacy policies.
We are not responsible for the actions, errors, delays, policies, or content of third-party providers, websites, or services.
13. Limitation of Liability
To the fullest extent permitted by law, FOMO.Gifts shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from your use of our website, purchase of our products, shipping delays, product availability, or inability to use our services.
Our total liability for any claim related to an order shall not exceed the amount you paid for the specific product or order giving rise to the claim.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
14. Disclaimer of Warranties
Our website, products, and services are provided on an “as available” and “as is” basis, except as expressly stated otherwise.
We do not guarantee that the website will be uninterrupted, error-free, secure, or free of viruses or harmful components. We do not guarantee that all product descriptions, images, availability, or pricing will always be accurate or current.
15. Indemnification
You agree to defend, indemnify, and hold harmless FOMO.Gifts, its owners, team members, partners, suppliers, service providers, and affiliates from any claims, damages, losses, liabilities, costs, or expenses arising from your use of our website, your violation of these Terms, your submitted content, or your infringement of any rights of another person or business.
16. Privacy
Your use of our website is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, store, and protect your information.
17. Errors and Inaccuracies
Occasionally, our website may contain typographical errors, inaccuracies, missing information, pricing mistakes, or product availability errors. We reserve the right to correct any errors, update information, cancel orders, or make changes at any time without prior notice, including after an order has been submitted.
18. Changes to These Terms
We may update or modify these Terms & Conditions at any time by posting the revised version on this page. The updated Terms will be effective immediately upon posting unless otherwise stated.
Your continued use of our website after changes are posted means you accept the updated Terms.
19. Governing Law
These Terms shall be governed by and interpreted according to the laws of New Mexico, USA, without regard to conflict of law principles.
20. Contact Us
If you have any questions about these Terms & Conditions, please contact us at:
FOMO.Gifts
Website: https://fomo.gifts
Email: Support Page
Address: 1704 Llano St. Ste B 1114 Santa Fe, NM 87505