1) What Marigold Is
Marigold is a concierge-based physical gifting service. Customers purchase gifts for third-party recipients (the “Recipient”) by selecting items from wishlists hosted on the Site. Marigold coordinates the purchase of those items from established third-party retailers and arranges delivery to the Recipient.
Marigold does not manufacture products, maintain inventory, or operate as a third-party marketplace. All items are fulfilled and shipped by independent retailers, brands, and carriers.
2) Parties To The Transaction
Customer
The “Customer” is the individual who selects a gift and submits payment through the Site.
Recipient (Wishlist Holder)
The “Recipient” (also referred to as a “Wishlist Holder”) is the individual who creates and maintains a wishlist on Marigold and receives gifts purchased by Customers.
The Customer and the Recipient may be the same person in some cases, but are often different individuals. Each party has distinct responsibilities under these Terms.
3) Wishlist Pricing and Service Fees
Final wishlist pricing
Prices shown on Marigold wishlists are intended to represent the final price paid by the Customer at checkout. Wishlist prices may include:
• the retail price of the item
• shipping costs (as applicable)
• estimated or known sales tax
• estimated or known import duties (when applicable)
• Marigold’s service fees, described below
Marigold generally absorbs minor cost differences that may arise due to retailer pricing changes, shipping adjustments, or tax recalculations.
If costs materially change beyond what Marigold can reasonably absorb, Marigold will contact the Customer or Recipient for approval before proceeding. If approved, the Customer may be invoiced separately for the price difference.
Marigold service fee
Wishlist prices include a 14% service fee, consisting of:
• 10% concierge service fee for gifting coordination, order management, customer support, and wishlist services
• 4% processing fee to help cover payment processing and transaction-related costs
This fee supports the operational work required to coordinate sourcing, purchasing, communication, and fulfillment logistics.
4) Orders and Fulfillment
Order placement
Marigold prioritizes timely fulfillment and often places retail orders very quickly, sometimes within the same hour that a Customer completes a purchase.
Shipping and delivery
Shipping times, carriers, and delivery windows are determined by the third-party retailer and carrier. Any delivery estimates provided by Marigold are estimates only and are not guaranteed.
Out-of-stock or unavailable items
If an item becomes unavailable, Marigold will contact the Recipient or Customer with available options, which may include: • waiting for restock • selecting a replacement item of similar value • issuing a retailer gift card (when feasible) • issuing a refund in accordance with Section 6
5) Recipient Responsibilites
Recipients are responsible for providing accurate and complete information when creating and maintaining a Marigold account and wishlist, including:
full name
delivery address
contact information required for delivery coordination
any special delivery instructions
Recipients are responsible for keeping this information current and accurate.
If incorrect, incomplete, or outdated information is provided, this may result in delivery delays, failed delivery, return-to-sender outcomes, or additional shipping costs. In such cases, Marigold will make reasonable efforts to assist, but additional costs incurred as a result of inaccurate information may be the responsibility of the Customer or Recipient, as applicable.
6) Cancellations, Refunds, Returns, and Exchanges
Cancellations
If the Customer contacts Marigold within 24 hours of placing an order, Marigold will make a good-faith effort to cancel the order with the retailer.
Because orders are often placed quickly and fulfillment timelines vary by retailer, cancellation cannot be guaranteed once an order has been submitted. Cancellation outcomes depend entirely on the retailer’s policies and processing stage.
If cancellation is successful, the Customer will receive a full refund.
Refunds
If a refund is approved, Marigold refunds the total amount paid by the Customer, including the cost of the item, shipping, taxes, and Marigold’s service fees.
Refunds are issued to the original payment method. Processing times depend on the payment provider and the Customer’s bank.
Returns and exchanges
Returns and exchanges are governed by the retailer’s policies. Some items may be final sale. When feasible, Marigold may assist with coordination, but eligibility and outcomes are determined by the retailer.
Order placement and fulfillment timelines may depend on the accuracy of Recipient-provided information.
7) Chargebacks and Disputes
We encourage Customers to contact us first at support@marigoldgift.com with any questions or concerns regarding an order.
Marigold maintains complete order documentation, including:
• order placement confirmation
• retailer confirmation
• shipping confirmation
• carrier-provided delivery confirmation
These records are used for customer support and dispute resolution.
Filing a chargeback without first contacting Marigold may delay resolution and may result in account review or refusal of future orders.
8) Gifts Are Not Payment for Services
Gifts purchased through Marigold are voluntary gifts and are not payments for services, content, access, or consideration of any kind provided by the Recipient.
Marigold does not facilitate payments for services rendered by Recipients, and gifts must not be represented or used as compensation or payment for services.
9) Prohibited Wishlist Items
Marigold reviews all wishlist items manually and reserves the right to refuse or remove any item at its discretion.
Prohibited items include, but are not limited to:
• illegal or regulated goods such as, but not limited to alcohol, CBD, marijuana, and other controlled substances
• weapons, explosives, or hazardous materials
• controlled substances
• cash transfers, PayPal transfers, or any form of direct money exchange intended to function as payments
• items that violate retailer, carrier, or payment processor policies
Marigold may update this list as needed to comply with legal, retailer, or processor requirements.
10) Accounts and Communications
You may need an account to access certain Site features. You are responsible for maintaining the confidentiality of your account credentials.
By using the Site, you consent to receive communications electronically via email or Site notifications.
11) Privacy
Your use of the Site is subject to our Privacy Policy, which explains how we collect and use data.
12) Disclaimers
The Site and services are provided “as is” and “as available,” to the fullest extent permitted by law. Marigold does not guarantee item availability, delivery by a specific date, or retailer acceptance of cancellations or returns.
13) Limitation of Liability
To the fullest extent permitted by law, Marigold will not be liable for indirect, incidental, consequential, special, or punitive damages.
Marigold’s total liability for any claim related to an order will not exceed the amount paid by the Customer for the order giving rise to the claim.
14) Governing Law and Venue
These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles.
Any dispute arising from these Terms, the Site, or any order shall be brought exclusively in the state or federal courts located in Oregon, and the parties consent to personal jurisdiction in those courts.
15) Changes to These Terms
We may update these Terms from time to time. The “Last updated” date reflects the most recent revision. Continued use of the Site constitutes acceptance of the updated Terms.
16) Contact
Marigold Gift LLC
Email: support@marigoldgift.com