Terms of Use

Last updated October 19, 2026

Thanks for visiting Build a Gift. These Terms of Use (the “Terms”) explain the rules for using buildagift.com and everything we offer through it (the “Platform”). In these Terms, “Build a Gift,” “we,” “us,” and “our” mean the operator of the Platform. “You” means anyone who visits, shops, or sells on it.

Important: Section 14 requires most disputes to be settled by individual arbitration instead of in court, and it waives class actions. You can opt out within 30 days. Please read it carefully.

1. Agreeing to these Terms

By browsing, creating an account, buying, or selling on the Platform, you agree to these Terms and to the policies listed in Section 2. If you don’t agree, please don’t use the Platform.

2. Other policies that are part of these Terms

These pages also apply to you and are part of these Terms:

Privacy Policy: how we collect and use personal information.
Shipping Details: how orders are shipped.
Returns & Refunds: how returns work.
House Rules: how to treat others, order problems, reporting, and what isn’t allowed.
Seller rules shown in the Seller Dashboard, if you sell on the Platform.

If one of those pages conflicts with these Terms, these Terms control unless the page says otherwise.

3. How the marketplace works

Build a Gift is a marketplace. Independent shops list, sell, and ship their own items, and shoppers buy directly from those shops. Build a Gift doesn’t make or sell any items of its own, and isn’t the maker or seller of items listed by shops. We don’t inspect them, and we don’t take part in the sale except to provide the Platform and process payment. Shops are based in the United States or Canada, and each product page says where its shop ships from.

4. Your account

Age. You must be at least 18 to open an account. Teens aged 13 to 17 may use the Platform only through a parent or guardian’s account, with their permission and supervision. Children under 13 may not use the Platform.
Accurate information. Give us true, current information. Don’t pretend to be another person or business.
Names. Shop names and usernames must not be offensive, misleading, or infringe anyone else’s rights.
Security. Keep your password private. You’re responsible for everything done through your account.
Businesses. If you open an account for a business, you confirm you’re authorized to accept these Terms on its behalf.
Transfers. You may not sell or transfer your account without our written permission.
Our relationship. These Terms don’t make you our employee, agent, partner, or franchisee.

5. Buying on Build a Gift

Prices are in US dollars and are set by each shop. Shipping, any taxes, and any US import duties are shown at checkout before you pay.
Payments are processed by Stripe. We don’t store your full card number.
An order is a purchase from the shop that listed the item. That shop is responsible for making, packing, and shipping it.
Every shop ships to the US, and some shops also ship to Canada, Hong Kong, Japan, Mexico and South Korea. The product page says where each shop ships. See Shipping Details.
Items from Canadian shops sent to the US. US import duties, tariffs, and customs fees are calculated at checkout by our customs partner, Zonos, shown as “US duties & import fees,” and included in your total. When the shop ships with a label bought on the Platform, they’re prepaid, so there’s nothing to pay on delivery. If the shop ships with its own postage instead, we refund that amount to you, and the carrier or US customs collects the duties from you on delivery. If your whole order is refunded before it ships, the duties are refunded too. Once a package has shipped, the duties have been paid to US customs and aren’t refunded with a return.
Other orders sent across a border. Import duties, taxes, or customs fees charged by the destination country aren’t included in the price and are paid by you on delivery.
Each shop sets a return policy for its items: whether they can be returned or exchanged, and for how long. That’s shown on the product page and in our Returns & Refunds policy. Personalized and made-to-order items usually can’t be returned unless they arrive damaged or faulty.

6. Selling on Build a Gift

Fees. We keep a commission of 5% of each item’s price. Card processing fees charged by Stripe are passed on to the shop at cost. Shipping charges go to the shop. Fees may change; we’ll give sellers notice before a change takes effect.
Payouts. Payouts are made through Stripe. You must complete Stripe’s verification to receive them. We may delay or hold a payout while an order is disputed, refunded, or under review for fraud.
Shops in Canada. Your shop’s country is set when you connect payouts and can’t be changed afterward. Prices are listed in US dollars. Payouts are sent through Stripe’s cross-border payouts and paid into your Canadian bank account in Canadian dollars, using Stripe’s exchange rate at the time. You’re responsible for Canadian taxes that apply to your sales, such as GST/HST, and for export rules.
Customs details. If you ship across a border, the description, value, and country of origin on the customs form must be true and match what the buyer ordered. US duties paid by buyers of Canadian shops belong to the buyer and to US customs. They aren’t part of your payout, and labels bought on the Platform use them to prepay customs.
Labels bought on the Platform. The label’s cost comes off your payout for that order, or off a later payout if that one has already been sent. A label voided before it’s mailed is credited back once the carrier refunds it.
Your listings. Describe items accurately, use photos of what you actually sell, and ship within the time you promise.
Laws and taxes. You’re responsible for following the laws that apply to your shop, including licenses, product safety, labeling, and reporting your income for tax purposes.
Prohibited items. Don’t list anything illegal, dangerous, counterfeit, or that infringes someone else’s rights, or anything we tell you isn’t allowed on the Platform.
Buyer information. Use a buyer’s name, address, and email only to fulfil and support their order. Don’t add them to marketing lists without their consent. You’re responsible for any misuse of buyer information by you or your shop.

7. Content you post

“Your Content” means anything you post on the Platform, such as listings, photos, shop names, descriptions, reviews, and messages.

You keep ownership. You own Your Content.
Permission you give us. You give Build a Gift a worldwide, non-exclusive, royalty-free license to host, store, display, copy, resize, crop, translate, and share Your Content. That lets us run the Platform and promote it, your shop, and your items, including in ads, emails, and social media. The license continues for content already used in promotions, and for reviews and messages that other people rely on, even after you delete your account.
Your promise. You confirm you have the rights to everything you post and that it doesn’t violate anyone else’s rights or any law.
Not allowed. Don’t post content that is false, misleading, hateful, harassing, threatening, obscene, or fraudulent. Don’t post fake reviews.
Removal. We may remove content or listings that we believe break these Terms.
Infringement reports. If you believe content on the Platform infringes your copyright or trademark, email [email protected] with the details. We’ll review the report and may remove the content. Accounts that repeatedly infringe will be closed.

8. Rules for using the Platform

We give you a limited, personal, revocable permission to use the Platform under these Terms. You agree not to:

break any law, or commit fraud or file false claims;
scrape, crawl, or copy the Platform or its data with automated tools without our written permission;
try to get our source code, get around our security, or access accounts or data that aren’t yours;
overload or interfere with the Platform, or upload viruses or harmful code;
use messages to send spam, harass people, or move a sale off the Platform to avoid fees;
use our name, logo, or branding without our permission.

If you send us ideas or feedback, we may use them freely and without paying you.

9. Electronic communications

You agree that we can send notices, receipts, and other communications to you by email or on the Platform. Clicking to accept these Terms or placing an order counts as your signature.

10. Suspending or closing accounts

You may close your account at any time by contacting us, but you must still pay anything you owe. We may suspend or close an account, remove listings, or limit access if we believe someone has broken these Terms, created risk or legal exposure for us or other users, or acted fraudulently. When the law allows, we’ll tell you why. We may change, pause, or discontinue any part of the Platform at any time. We aren’t responsible for any lost sales or income that results. Sections that by their nature should continue after an account is closed (for example Sections 7, 11 to 14, and 16) remain in effect.

11. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We don’t promise that the Platform will be uninterrupted, secure, or error-free. Items are made and sold by independent shops, so we don’t guarantee their quality, safety, legality, or that they match their description. Claims about an item, including injury or defects, must be brought against the shop that sold it. We aren’t responsible for content posted by users, for how users treat each other, or for third-party services we link to or rely on, such as Stripe or shipping carriers.

12. Limits on our liability

TO THE EXTENT THE LAW ALLOWS, BUILD A GIFT AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN FEES DURING THE 12 MONTHS BEFORE THE CLAIM. Some states and provinces don’t allow these limits, so some of them may not apply to you.

13. Your responsibility to us

If someone brings a claim against Build a Gift because of something you did, you will defend us and cover our losses and reasonable legal fees. This applies to:

your use of the Platform,
Your Content,
items you sell or buy,
breaking these Terms or the law, or
violating someone else’s rights.

We may choose to handle our own defense, and if we do, you’ll cooperate with us.

14. Resolving disputes

Problems between users. Please try to resolve problems with another user directly first. If you can’t, contact us and we may help. We have no obligation to decide disputes between users, and you release us from claims arising from them.
Contact us first. If you have a dispute with Build a Gift, email [email protected] with your name, your account email, and a description of the issue and the outcome you want. We’ll both try in good faith to resolve it within 60 days before either of us starts arbitration.
Arbitration. If the dispute isn’t resolved, it will be decided by binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be held by video or based on documents, or in your home county if a hearing in person is required. Either of us may instead bring an individual claim in small claims court, or ask a court to stop misuse of intellectual property.
No class actions. You and we may bring claims only on an individual basis, not as a plaintiff or class member in any class or representative action.
Opting out. You can opt out of this arbitration section by emailing [email protected] within 30 days of first accepting these Terms. Include your name, your account email, and a statement that you’re opting out of arbitration.
Governing law. These Terms are governed by the laws of the State of Nevada and applicable federal law, including the Federal Arbitration Act. Any claim that isn’t arbitrated will be heard in the state or federal courts in Nevada. This applies wherever you live, including Canada, except where your local law gives you rights that can’t be waived by agreement.

15. Changes to these Terms

We may update these Terms from time to time. If a change is significant, we’ll give notice on the Platform or by email before it takes effect. If you keep using the Platform after the change takes effect, you accept the updated Terms.

16. General

These Terms are the entire agreement between you and Build a Gift about the Platform.
If any part is found unenforceable, the rest still applies.
If we don’t enforce a provision right away, we haven’t given up the right to enforce it later.
We may transfer our rights and obligations under these Terms, for example if the business is sold. You may not transfer yours without our consent.

17. Contact

Questions about these Terms? Email [email protected].