Terms of Service

Effective Date: August 12, 2026 Last Updated: August 12, 2026

Welcome to Marcela Gifts. For over 40 years, our family has been creating heirloom-quality baby gifts and apparel — handmade, personalized, and made to be passed down. These Terms of Service ("Terms") govern your use of our website and your purchase of our products, whether you're a longtime customer, a first-time gift-giver, or one of the boutiques we're proud to partner with.

By placing an order, creating an account, or otherwise using our site, you agree to these Terms. Please read them carefully. If you have questions, we're always happy to talk — reach us at hello@marcelagifts.com.

---

1. About Marcela Gifts

Marcela Gifts is a family-owned business based in Clearwater, Florida, founded on the belief that a gift made by hand — with real care and real craftsmanship — means something different. Our pieces are designed and created by our family, and many are personalized to order for the family receiving them.

We sell directly to individual customers through this website, and on a wholesale basis to boutiques and retailers who share our commitment to quality and craftsmanship. Section 10 below addresses wholesale terms specifically.

2. Eligibility & Accounts

You must be at least 18 years old to place an order or create an account with us. If you create an account, you're responsible for maintaining the confidentiality of your login information and for all activity that occurs under your account. Please let us know right away if you believe your account has been used without your permission.

3. Products, Pricing & Availability

We do our best to describe and photograph our products accurately, including colors, materials, and dimensions. Because many of our items are handmade, slight variations between pieces are normal and part of what makes each item unique — not a defect.

All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to limit quantities, discontinue products, or correct pricing errors, including after an order has been placed. If a pricing error affects your order, we'll contact you before processing payment or shipment.

4. Custom & Personalized Orders

Personalization is at the heart of what we do, and we want your custom piece to be exactly right. Please review the following carefully before placing a personalized order:

• Accuracy is your responsibility. You are responsible for the accuracy of all personalization details you provide — including spelling, names, initials, dates, and any special instructions. We create each personalized item exactly as submitted at checkout. Please double-check your entry before completing your order.
• Limited window for changes. Because handmade and personalized items go into production quickly, we can only accommodate changes or cancellations to personalized orders within a short window after purchase. See our Shipping & Production Policy for current timing.
• Final sale. Custom and personalized items are final sale and are not eligible for return or exchange, except in the case of a manufacturing defect or an error on our part. Full detail is available in our Returns & Exchanges Policy.
• Handmade character. Because these pieces are made by hand, minor variations in stitching, placement, or finish may occur. These variations reflect genuine craftsmanship and are not considered defects.

5. Orders & Payment

When you place an order, you're making an offer to purchase, which we may accept or decline. We reserve the right to refuse or cancel any order for reasons including suspected fraud, errors in pricing or product information, or issues with payment.

Payment is processed securely through Authorize.net, integrated with our Shopify store. By submitting an order, you represent that you are authorized to use the payment method provided. Full payment is generally required at the time of order for both handmade and in-stock items.

6. Shipping & Delivery

We ship throughout the United States and internationally. Production times for handmade and personalized items, along with shipping timeframes, carriers, and rush options, are detailed in our Shipping & Production Policy, which is incorporated into these Terms by reference. Shipping dates are estimates, not guarantees, and we are not responsible for carrier delays outside our control.

Risk of loss and title for products pass to you upon our delivery to the shipping carrier.

7. Returns & Exchanges

Non-personalized, in-stock items may be eligible for return or exchange within 30 days of delivery, subject to the terms of our Returns & Exchanges Policy, which is incorporated into these Terms by reference. As noted above, custom and personalized items are final sale except in cases of defect or our error.

8. Intellectual Property

All content on this site — including product photography, designs, text, logos, and the Marcela Gifts name — is the property of Marcela Gifts and is protected by copyright and trademark law. You may not reproduce, distribute, or use our content or designs for commercial purposes without our prior written permission.

Our product designs are original to our family and developed over decades of craftsmanship. We ask that you respect that work the way we respect the trust you place in us.

9. User Conduct

When using our site, you agree not to:

• Provide false or misleading information, including for personalization details intended to be inaccurate, offensive, or unlawful
• Attempt to interfere with the security or proper functioning of our site
• Use our site or products for any unlawful purpose
• Copy, resell, or reproduce our designs or content without permission

We reserve the right to refuse service, cancel orders, or restrict access to our site for any customer who violates these Terms.

10. Wholesale Customers

Boutiques and retailers purchasing through our wholesale program are subject to additional terms provided separately at the time of account setup, including minimum order requirements, payment terms, and territory or resale guidelines. In the event of any conflict between wholesale-specific terms and these Terms, the wholesale agreement will govern for wholesale transactions.

11. Disclaimer of Warranties

Our products are provided "as is." While we take great pride in the quality and craftsmanship of every piece, we do not guarantee that products will be entirely free of the minor variations inherent to handmade goods. We make no other warranties, express or implied, except as required by law or as stated in our Returns & Exchanges Policy.

12. Limitation of Liability

To the fullest extent permitted by law, Marcela Gifts will not be liable for any indirect, incidental, special, or consequential damages arising from your use of our site or products. Our total liability for any claim related to your order will not exceed the amount you paid for the product giving rise to the claim.

Nothing in these Terms limits liability where prohibited by law.

13. Indemnification

You agree to indemnify and hold Marcela Gifts harmless from any claims, losses, or damages arising from your violation of these Terms or misuse of our site or products.

14. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising under these Terms will be resolved in the state or federal courts located in Pinellas County, Florida.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices or legal requirements. We'll update the "Last Updated" date above, and for significant changes, we'll make reasonable efforts to notify customers via email or a notice on our site. Continued use of our site after changes take effect constitutes your acceptance of the updated Terms.

16. Contact Us

Questions about these Terms? We'd love to hear from you — this is still a family business, and a real person will always respond.

Marcela Gifts 2028 Palmetto St., Clearwater, FL 33765 hello@marcelagifts.com 813-253-0556