These Terms govern the services provided by Proper Favor ("we", "us", "our"). When you accept them for a paid request or favor, your contract is with Proper Favor. The site-use provisions also describe permitted use of properfavor.com; browsing alone does not constitute acceptance of a purchase contract or the arbitration agreement.
Our Refunds and Cancellations page and The Proper Favor Guarantee are part of these Terms. Our Privacy Policy explains how we handle personal information.
Before you begin: the essentials
- A request begins with a $250 request deposit, paid through Stripe before your curator begins. It pays for the research and preparation of a proposal and is credited in full against the price of your favor if you proceed. We refund it in full if we have nothing to propose or you withdraw before a proposal is presented. Once we deliver a proposal that reasonably responds to your stated brief and budget, it is earned for that work, subject to your legal rights. A purchase is separately binding under section 6, including its auction exception. See section 4.1.
- Your proposal sets the details for its own favor and may include clearly identified transaction-specific terms, subject to the limits in section 1.3.
- Every proposal leads with the favor we recommend and may add up to two alternatives. It sets out the key terms of each in full: the price, the delivery date and whether it is firm or a target, how cancellation and returns work for that favor, and who provides each part of it.
- One total price for the favor, or an agreed price calculation for an auction purchase, fixed when the agreement is made. A request deposit is credited in full against that price. We bear later increases in our own costs.
- We sell objects and commissions, except where an auction authorization expressly appoints us as your purchasing agent. For experiences, tickets and travel, we arrange services with the named operator on the role and terms disclosed in your proposal.
- Personalized, commissioned, perishable and experience favors are generally final sale for a change of mind, subject to the proposal, our guarantee and rights the law gives you.
- Private clients may separately agree to individual arbitration, with a 30-day opt-out. Agreement to these Terms or payment alone does not accept arbitration. Corporate clients, and private clients who do not separately agree or opt out, use the courts described in section 22.
1. Who we are, and what these Terms cover
1.1 Proper Favor is a gifting concierge. We find the single best gift for the person you have in mind, or have it made, and deliver it in our own presentation.
1.2 These Terms address:
- browsing the site and using the gift finder;
- sending us a request;
- every proposal we send you; and
- every favor you buy from us or ask us to arrange.
1.3 Your proposal sets the transaction details. Individual proposals may include additional or different terms based on the product or service involved, such as a return date, a cancellation schedule, a delivery date or a named operator's conditions. A difference must be clearly identified before you approve it and applies only to that favor. Subject to this section, those specifically agreed terms control the transaction, followed by the Corporate Addendum for corporate clients, and then these Terms. A proposal may explain the coverage that applies to a piece or give you better protection, but it may not reduce this published Guarantee, change section 22's separate arbitration agreement, waive a right the law does not allow to be waived, or excuse our own fraud or unlawful conduct. A later invoice or purchase order does not change an agreed term. A separately signed corporate agreement may expressly vary this order of priority.
1.4 You must be at least 18, and able to enter a binding contract, to submit a paid request or approve a proposal.
2. Words we use
- Client, you: the person or company who requests our curation service or approves a proposal and pays for a favor.
- Recipient: the person who receives the favor. A recipient is not a party to the purchase contract, but may use the Guarantee as it provides and retains any rights the law gives them.
- Favor: everything a proposal describes: an object, a commission, an experience, or a combination.
- Object: an existing piece we buy and deliver, new or old.
- Commission: a piece made, altered, engraved or personalized for you or the recipient.
- Experience: a service provided by someone else, such as a dinner, a visit, a ticket, a stay or travel.
- Operator: the business that provides an experience.
- Perishable: food, flowers, plants and anything else that spoils.
- Private client: an individual buying in a personal capacity, including a gift to a friend or relative.
- Corporate client: a company, firm or other organization, or an individual buying on its behalf.
3. The site, the finder and the Collection
3.1 The Collection shows concepts, not offers. The favors shown on this site reflect concepts we have developed for our clients and prospective clients. They are not offers and do not reflect current availability. Makers, availability and price are confirmed only in a proposal. Price bands and lead times shown on the site are indications.
3.2 The finder suggests; a person chooses. The gift finder's directions are starting points for a conversation with your curator. They are not recommendations for a specific person and not offers.
3.3 Third-party names. Where a proposal or the site names a maker, place, institution or brand, it does so only to describe the gift truthfully. Naming a maker or brand does not by itself mean that the business endorses or sponsors Proper Favor or has authorized us as its representative. Trademarks and names belong to their owners. Where a business makes or supplies a favor for you, the proposal states its role.
4. Making a request
4.1 The request deposit. Each request begins with a payment of US$250, called the request deposit, paid through Stripe before your curator begins. It pays for researching your brief and preparing a proposal; it is not a commitment to buy a gift. The deposit terms and these Terms must be presented and accepted before payment.
- If you go ahead with a favor from the proposal, the full deposit is credited against that favor's one price, and the invoice shows the balance to pay. You do not pay it again.
- If we have nothing to propose, we refund the deposit in full.
- If you withdraw before a proposal is presented, we refund the deposit in full.
- Once your curator has delivered a proposal that reasonably responds to your stated brief and budget, the deposit is earned for the curation work and is not refundable merely because you decide not to proceed or let the proposal expire. This does not restrict a refund for our failure to provide the agreed service or a refund required by law.
- We may waive it at our discretion, for example for established corporate clients.
Paying the deposit, after accepting its terms, makes the agreement for the curation service. A separate agreement for the favor is made under section 6. Your approval of an auction authorization is binding as described in sections 6.2 and 7.4.
4.2 We may decline a request for a lawful reason. If we decline, we refund the request deposit in full, subject only to a legal requirement to block or retain funds.
4.3 Please tell us what we need to choose well, and nothing more. Section 17 explains your responsibilities when you tell us about other people.
5. The proposal
5.1 For each request we send you a written proposal. It leads with the favor we recommend and may add up to two alternatives. For each option, it shows on its face, in full and not only by link:
- what the favor is, and who made it or provides it, where we can say;
- the total price, in US dollars, including required charges, and how sales tax applies (section 7.3), with any alcohol amount payable to the licensed partner separately identified;
- our role for each part of the favor: seller, disclosed arranging agent for a named operator, or auction purchasing agent where expressly agreed (sections 7.4 and 8);
- for experiences, the operator's name and its terms, including its cancellation schedule;
- the promised shipment date and expected delivery date, including any deadline essential to the occasion, and whether the delivery estimate is firm or a target (section 11);
- the return position for the favor: a return date and conditions, or final sale (section 13);
- for commissions and travel, the stage schedule that applies if you cancel after payment;
- a summary of the guarantee that applies and the full applicable warranty supplied with the proposal or readily available through a direct link;
- any age or state restrictions, for example for wine and spirits; and
- a validity date.
You choose one option, and approve that one.
5.2 Validity. A proposal is valid for 14 days from the day we send it, and its validity date is shown on it. It can be accepted only until then, or, for a piece offered at auction, only until the sale if that comes sooner. Until the agreement is made under section 6.2, the piece may sell or the price may change. If that happens, we send a new proposal, and you are free to accept it or walk away. We never change an agreed price without your written approval.
6. How the agreement is made
6.1 Approval. Approve the proposal in writing, naming the option you choose, using an approval page if one is provided or replying by email: "I approve proposal (reference), option (number), and accept the Terms version supplied with it." We provide a copy you can retain. Private clients may separately agree to section 22.3 using the distinct acceptance described there. General approval of the proposal and Terms does not accept arbitration.
6.2 When the agreement is binding. Our proposal is conditional on approval and payment. The agreement for a favor becomes binding when you have approved the proposal and we receive full payment, or the first installment expressly required for a commission under section 7.4. A card or wallet payment is received when it succeeds; an ACH or bank transfer is received when it clears. For an auction purchase, your written approval of the auction authorization and our written acceptance make a binding agreement before we bid; payment follows a successful bid as the authorization states. Written corporate credit terms may provide a different formation and payment date.
6.3 Before payment, either of us may walk away, except after an auction authorization has become binding or a written corporate agreement provides otherwise. If you change your mind after approving but before paying, tell us and we void the invoice. Nothing more is owed. The request deposit follows section 4.1. If we walk away, we refund it in full, subject only to a legal requirement to block or retain funds.
6.4 We do not buy until you have paid. We start buying, booking or making only once the invoice is paid, unless we agree otherwise in writing. The exceptions are the ones in section 7.4:
- at auction, we bid only after the written authorization in section 7.4 is binding, within its approved limits, and you pay as that authorization provides;
- for a commission paid in two installments, we begin once the first installment is paid, and deliver once the second is paid; and
- wine and spirits are bought and sold by the licensed partner, not by us (section 12).
6.5 Our record. We keep the approved proposal and any auction authorization, your approval and any separate arbitration assent, the applicable Terms and warranty versions, and the invoice and payment record. We also retain evidence of delivery and of notices or changes you approve, under the Privacy Policy.
7. Price, payment and checks
7.1 One price. Each favor has one total price. It covers everything the proposal describes: the piece or experience, our work, the presentation, delivery and, for international favors, the quoted duties and import taxes. The request deposit is credited in full against that total. The invoice may show required tax information, the deposit credit and installment amounts without adding an undisclosed charge. Wine and spirits are billed separately by their licensed seller, as identified in the proposal (section 12).
7.2 The price, or the agreed auction price calculation, is fixed when the agreement is made under section 6.2. We carry any later rise in our own costs, including currency movements and a maker's price increase. If you ask for a change in size, engraving, date or other details, we price it in writing first, and the change goes ahead only when you agree.
7.3 Sales tax. Sales tax is applied as the law requires. Your proposal states how it applies to your favor: included in the price, added separately, or, where the law places it on the buyer, your responsibility. Either way, the proposal and the invoice make any tax liability clear before you approve, and we do not add a tax charge after approval. A valid exemption certificate must be supplied before we issue the invoice.
7.4 When to pay. Payment in full is due when you approve, on receipt of the invoice, except in these cases:
- Auctions. Before we bid, you approve a written auction authorization identifying the lot, auction house, whether we buy for resale to you or act as your purchasing agent, the maximum hammer bid, the maximum total price including the buyer's premium, taxes and our work, and how the final price is calculated if the hammer price is lower. The authorization includes the relevant auction conditions and payment deadline. It becomes binding when we accept it in writing. We do not exceed either approved maximum. We may require a refundable bid deposit or other agreed payment security before bidding. If we win, you must pay the agreed price when due; if we do not, we return unused bid funds and no purchase balance is owed. The request deposit follows section 4.1.
- Long commissions. Where the proposal says so, a commission is paid in two installments: 50% to begin and 50% before delivery. The proposal states the expected completion date and the cancellation schedule, including any further balance that may be due if you cancel after work has begun. Any such balance is subject to section 3 of Refunds and Cancellations.
- Wine and spirits are billed through the licensed partner that sells them (section 12).
Payments are handled by Stripe on its payment pages by the methods shown on the invoice, or by an agreed bank transfer or wire. We do not receive full payment-card numbers or online banking credentials through Stripe, though we receive payment status and limited transaction details. Never send card details, bank passwords or authentication codes to your curator.
7.5 Corporate payment terms. We may agree other payment terms with an approved company. They apply only if our management confirms them in writing.
7.6 Extra checks. To protect you and us from fraud, we may, on any favor and before we begin, ask you to pay by bank transfer, to verify your identity, or to confirm the order by a call-back to a number we already hold. If a check cannot be completed, we may decline the favor and refund amounts you paid to us in full, subject to section 21.2 and any legal requirement to block or retain funds.
8. What we sell, and what we arrange
8.1 Objects and commissions: we are the seller. Unless an auction authorization expressly identifies a different role under section 7.4, we buy or commission the piece and sell it to you. We are responsible to you for it, as these Terms describe.
8.2 Experiences, tickets and travel: we arrange them as your agent where the proposal identifies that role. The proposal names the operator with whom you contract for the experience and provides its terms before you approve, including cancellation, rescheduling, safety and conduct requirements. Our arranging work is included in the stated price. If we collect an amount payable to the operator, we do so as described in the proposal. We are responsible for arranging the experience with reasonable care: booking what you approved, passing on your instructions, and making the agreed payment to the operator. Subject to our own duties and any rights that cannot be excluded by law, we are not responsible for the operator's independent performance. If something goes wrong, we will provide reasonable assistance in seeking a remedy from the operator.
8.3 Each proposal says which. A favor can combine roles, for example an object we sell and a dinner we arrange. The proposal states our role and identifies the contracting seller or operator for each part, including any auction purchase under section 7.4.
9. If a piece is no longer available
9.1 No substitutions without your written approval. We will not replace the piece you approved with another.
9.2 If a piece sells or becomes unavailable before we can buy it, we will tell you at once and either propose an alternative, at a new price if needed, or refund everything you have paid, in full. The choice is yours.
9.3 Limited substitutions for perishables. For flowers or comparable perishable components, we may make a reasonable substitution of comparable quality and equal or higher value, consistent with the approved gift and any product restrictions you provided. We will tell you what changed. We will obtain your written approval before substituting wine or spirits, changing a specified vintage, or making a material change to ingredients or another agreed feature.
10. Commissions and personalized pieces
10.1 Your approvals are final. Designs, engraving text, initials, sizes and other details you approve in writing are final, and we make the piece exactly as approved.
10.2 Natural variation. Hand-made work and natural materials vary. Grain, color, stone inclusions and small differences from a drawing or sample are part of the piece, not a fault. Where tolerances matter, the proposal states them.
10.3 Your materials. If you give us a logo, text, photograph or other material, you confirm you have the right to use it, and you allow us and our makers to use it only to make and deliver your favor. We may decline material that would infringe another person's rights, reveal information without appropriate permission or otherwise violate the law.
10.4 Who owns what. You own the object. Unless the proposal says otherwise, the maker keeps the copyright in the design. You and the recipient may display the piece and share photographs of it for personal use, including on social media. Any commercial reproduction or broader license must be stated in the proposal. A maker may show the piece in its own portfolio only with your permission and ours, given in writing.
11. Delivery
11.1 We carry the delivery risk. An object stays at our risk until it is signed for by the recipient or an authorized person at the address you approved, subject to any greater protection required by law. We arrange appropriate transit insurance or otherwise bear that risk ourselves; a carrier's insurance exclusion does not reduce your remedies against us. Delivery requires a signature unless you expressly approve another documented delivery arrangement in writing; alcohol always follows section 12.
11.2 Shipment and delivery dates. The proposal states a shipment date or dispatch period we reasonably expect to meet and an expected delivery date. A delivery date may be:
- firm: for objects we already hold or can buy and ship with certainty; or
- a target: for commissions, made-to-order work and anything that must clear customs.
11.3 If we miss a firm delivery date through our own fault, we deliver as soon as we can at our cost, or you may cancel for a full refund of the undelivered favor. If a delivery deadline was expressly essential to the occasion, tell us when requesting the proposal so that we can agree it in writing. Any stronger right to cancel under law remains available.
11.4 If a shipment date cannot be met, we notify you before it expires, give a revised date if we can, and offer a choice between agreeing to the delay and canceling for a full refund of the unshipped merchandise. We obtain any consent the law requires and, as our normal practice, do not treat silence as agreement to a delay. If you decline the delay, or required consent is not received in time, we cancel and refund promptly. This applies to commissions and installment orders as well as stock objects; we do not deduct sunk costs or payment fees from a refund legally due for delayed shipment. Experience delays follow the disclosed operator terms and applicable law.
11.5 Getting it there. You are responsible for a correct delivery address and for any access arrangements, especially for surprise deliveries. For perishables, you confirm the recipient will be available on the delivery date.
11.6 If no one is there. For nonperishable objects, we or our courier normally make two delivery attempts, then hold the favor safely for 14 days while arranging redelivery. If the failure was not our fault, you pay reasonable redelivery and any agreed storage costs, disclosed before they are incurred. Perishables, restricted goods and operator bookings follow the arrangements identified in the proposal; they cannot necessarily be held or redelivered. We do not abandon or dispose of a nonperishable gift without reasonable notice and any process the law requires.
11.7 If the recipient declines the gift, we contact you to arrange its return or another lawful disposition. A refusal alone does not create a change-of-mind refund right, but the favor's stated return terms, the Guarantee and your legal rights still apply. Any reasonable additional delivery cost is disclosed first.
11.8 International delivery is quoted per favor. The price includes duties and import taxes, so the recipient does not pay these charges to receive the gift. We may decline a delivery or propose a lawful alternative to comply with export controls, sanctions, or rules on protected materials, including ivory or certain exotic leathers and woods. We will not change the approved destination without your agreement. We serve clients outside the United States, and some favors are delivered or take place abroad. Where a favor cannot be shipped to a country, or only in part, the proposal says so. Mandatory local consumer rights continue to apply where the law requires.
12. Wine and spirits
12.1 A licensed partner sells and fulfills the alcohol order. We do not sell alcohol. Wine and spirits are sold by the licensed retailer, winery or other licensed partner named in the proposal, who is the seller of record. The alcohol is billed separately by and paid directly to that partner under terms provided before you approve. The partner controls acceptance and lawful fulfillment of its alcohol order, including age verification. Any handling or delivery by Proper Favor must be permitted by the applicable licensing and delivery rules and identified in the proposal.
12.2 21 and over. The person purchasing alcohol and the intended recipient must be at least 21. Delivery requires age verification and a signature from a person who is at least 21, as applicable law and the licensed partner require. Alcohol will not be left unattended, and delivery may be refused where the required checks cannot be completed.
12.3 Availability depends on the destination. Alcohol shipping and delivery rules vary by state, country, product and seller. We confirm the proposed route with the licensed partner before offering it, and the proposal states any restrictions. We do not offer a shipment or delivery that the partner is not legally authorized to fulfill.
12.4 Crystal, glassware and other non-alcohol parts of a favor are sold by us in the usual way.
13. Cancellations, refunds and returns
The Refunds and Cancellations page is part of these Terms and sets out the detail. In short:
13.1 Before the favor becomes binding under section 6.2: cancel with nothing more to pay. The request deposit follows section 4.1. A binding auction authorization or written corporate agreement is an exception.
13.2 If you cancel for a change of mind after payment but before we buy, book or begin, we refund the amount paid less the earned request-service charge in section 4.1 and reasonable, documented third-party costs disclosed before approval that cannot be recovered, as detailed on the Refunds and Cancellations page. The request-service charge is counted only once.
13.3 If you cancel for a change of mind after we have bought, booked or begun, the proposal's disclosed schedule applies, subject to reasonable mitigation and a credit for costs avoided, refunds and resale proceeds. We do not deduct the same cost twice or retain more than our permitted cancellation entitlement. Refunds required because of our breach, delayed shipment or other mandatory law are not limited to what a supplier returns to us.
13.4 Final sale: personalized, commissioned, perishable and experience favors generally cannot be returned for a change of mind. This does not limit the Guarantee or rights the law gives you.
13.5 Stock objects follow the return terms stated in their proposal.
13.6 Recipients may exchange a returnable gift or receive a credit. Purchase refunds go to the original payer by the original payment method, subject to any different treatment required by law.
14. The Proper Favor Guarantee and the authenticity guarantee
The Proper Favor Guarantee is part of these Terms. In short:
14.1 If an object we sell arrives damaged, faulty or different from the approved engraving or details, the Guarantee explains how to contact us and the repair, replacement or refund we provide at our cost. Prompt notice helps us resolve the problem; the notice windows do not automatically extinguish a valid claim.
14.2 Antiques, vintage and pre-owned watches, and rare books that we sell to you carry a five-year authenticity guarantee, with a refund of the amount paid as its remedy. For an auction purchase made solely as your agent, the authorization states the seller's warranty and any additional guarantee we expressly provide.
14.3 Taste and change of mind are not covered.
15. Descriptions, provenance and the maker's note
15.1 Every gift comes with a written note on who made it, where and when. For new and commissioned pieces, this comes from the maker. For older pieces, it records what our research and the dealer's records show.
15.2 Provenance is described as researched. A piece's history is based on our research and the dealer's records, with any uncertainty stated clearly. We do not warrant an uninterrupted or complete ownership history unless the proposal expressly says so. This qualification does not excuse a material misdescription, override the authenticity guarantee, or limit the rights that arise from an express description on which you rely.
15.3 Watches. For vintage and pre-owned watches, the proposal includes a parts and condition note listing what is original and what has been serviced or replaced, as far as can be established.
16. Confidentiality and your story
16.1 What we share, and with whom. We share your details, and the recipient's, with the people who make and deliver your favor (makers, dealers, couriers, operators and licensed partners), the services that run our studio, and the other recipients described in section 16.2 and the Privacy Policy. We limit what we share to what is needed for the stated purpose. We do not use personal information for marketing, except an anonymized story with the permissions described in section 16.4. The Privacy Policy describes these services and uses.
16.2 When we must. We also disclose information where the law requires it, to protect our rights in a dispute (for example, giving a card issuer the approved proposal, the invoice and proof of delivery in a chargeback), and to our professional advisers and insurers in confidence.
16.3 We never publish who we serve or who receives.
16.4 We never publish a client's gift without their permission. If we ever wish to tell the story of a favor, we ask you first, in writing, showing the exact words and images. Stories are anonymized. You may withdraw your permission for future use at any time. If a recipient could be identified, we also ask the recipient, separately.
16.5 Your reviews are your own. Nothing in these Terms stops you from giving an honest review of us, anywhere.
17. Information about the people you give to
17.1 When you tell us about a recipient, or send us a list of recipients, you confirm that you are entitled to share that information with us for this purpose, and that you are sharing no more than we need to choose and deliver the gift.
17.2 We do not need medical histories, diagnoses or treatment details to choose a gift. Please share ordinary preferences without those details. We do not use unnecessary health information to select a favor and handle it as Privacy Policy section 4 describes. Any necessary health-related or accessibility information for an experience requires an appropriate process with the person concerned before collection or sharing.
17.3 We use recipient details to arrange the favor, handle delivery and guarantee questions, and meet the limited legal and record-keeping purposes in the Privacy Policy. We contact recipients for those purposes or at their own request, using an appropriate contact channel. A giver's instructions do not override a recipient's legal rights or authorize marketing to them.
18. Intellectual property
18.1 We and our licensors retain our respective intellectual property rights in the site, its text, images, film, the PF seal and the Proper Favor name. You may view and share pages, links and brief excerpts for personal use and for considering a favor for your organization. Except as permitted by law, you may not reproduce or reuse protected content commercially, or use automated tools to extract substantial portions of the site, without our written permission. This section does not restrict lawful reviews, commentary, fair use or material that is not protected by intellectual property law.
18.2 Section 10.4 covers commissioned pieces, and section 10.3 covers material you give us.
19. Our responsibility to you
19.1 What we never limit. Nothing in these Terms limits responsibility for death or personal injury caused by our negligence, fraud, gross negligence or willful misconduct, or any liability, refund, remedy, statutory damages, costs or legal fees that applicable law does not allow us to limit or exclude. The limitations below do not reduce the collection, repair, replacement or return-shipping obligations we expressly undertake in the Guarantee.
19.2 The cap. Subject to section 19.1, our total liability for all claims connected with a favor is limited to the total price paid for that favor, including any credited deposit. For a request that does not become a favor, it is limited to the request payment you made. For a claim arising solely from free use of the site and unrelated to a paid request or favor, it is limited to US$100. These are aggregate limits for the relevant transaction, not separate limits for each legal theory. A contractual limit applies only to a person legally bound by it.
19.3 Indirect losses. Subject to section 19.1, we are not responsible for indirect or consequential losses, such as lost profits, lost business or harm to a relationship. This does not exclude a direct loss merely because it follows a delay or defect, or prevent a remedy where a limited remedy fails its essential purpose under applicable law.
19.4 Implied warranties. We do not exclude any implied warranty that the law does not allow us to exclude. The Guarantee preserves implied warranties as applicable law provides.
19.5 Operators. For experiences we arrange as your agent, section 8.2 applies.
19.6 Some states do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.
20. Events outside our control
20.1 We are not responsible for a delay or failure caused by events beyond our reasonable control, such as natural disasters, extreme weather, fire, flood, epidemic, war, strikes, government action, transport or customs disruption, or an operator or venue closing. A supplier's failure counts only if we could not reasonably find an equivalent elsewhere. This section never excuses a payment owed by either side.
20.2 If such an event prevents delivery, we tell you promptly and apply section 11.4 and Refunds and Cancellations. For unshipped merchandise, a required cancellation refund is not reduced by our irrecoverable costs. For experiences, the disclosed operator terms apply subject to mandatory law and our responsibility for our own arranging services.
21. Acceptable use and when we may decline
21.1 Please do not use the site or our service:
- for anything unlawful, harassing or deceptive;
- to give a gift intended to improperly influence a public official, or to breach a recipient's gift rules;
- to send a gift to someone who has asked not to be contacted;
- for a sanctioned person or destination; or
- for goods that are prohibited, such as weapons, controlled substances or protected wildlife materials.
21.2 We may decline a request before the agreement for the favor becomes binding, subject to applicable law, and section 4.2 applies to the request deposit. After the agreement is binding, we may suspend work while we reasonably investigate a legal, safety or fraud concern. If we cancel the favor, we refund the amounts paid to us for it without deducting a processing fee. Any refund or release of property is subject to applicable law, including a requirement to block, retain or report funds or property. We will explain the position to you to the extent the law permits. This does not extend any delivery or refund deadline required by law.
22. Disputes
22.1 Talk to us first
If something is wrong, write to your curator or curator@properfavor.com with a description of the problem and what would resolve it. We ask for a reasonable opportunity, normally 30 days, to try to resolve it. This informal process is voluntary and does not postpone a filing deadline, require you to delay seeking urgent relief, or restrict a complaint to a regulator, a card issuer or a court where you have that right.
22.2 Nevada law
These Terms and any dispute about them are governed by Nevada law and, for the arbitration agreement, the Federal Arbitration Act where it applies. This does not take away mandatory protections or access to a court that the law of the state or country where you live gives you and does not allow to be waived.
22.3 Arbitration agreement for private clients
Please read this carefully. It affects your rights.
(a) Your separate agreement. This section applies only if you separately agree to it. You may do so by selecting a separate, unticked arbitration box on an approval page, initialing this section, or sending this separate sentence by email after receiving the Terms: "I separately agree to the individual arbitration agreement in section 22.3 of the Proper Favor Terms supplied with proposal (reference), including its jury-trial and class-action waivers and 30-day opt-out." Agreeing to the other Terms, paying a deposit or approving a proposal alone does not accept arbitration. You may decline arbitration without losing our service; section 22.4 then applies.
(b) What it covers. Subject to (a) and (d), disputes between you and us about a request, proposal, favor or these Terms will be resolved by binding individual arbitration. You and we waive a trial before a judge or jury for arbitrable disputes. The arbitrator may award the remedies available under applicable law, and a court may enter judgment on the award.
(c) Individual claims only. Subject to (d), you and we each bring arbitrable claims only in an individual capacity, not as a plaintiff or class member in a class or collective proceeding. The arbitrator may not combine different clients' claims without all parties' consent. If this waiver is unenforceable for a particular claim, that claim proceeds in court. This does not restrict relief that the law does not permit us to waive.
(d) What stays in court. Either of us may bring a qualifying individual claim in small-claims court. Public injunctive relief that cannot lawfully be waived remains available in court; the court determines whether any stay is appropriate. A court also decides whether an arbitration agreement was formed and whether this section or its waivers are enforceable. Neither this section nor any other term prevents a regulatory complaint or a claim that applicable law does not permit to be arbitrated.
(e) How it works. The American Arbitration Association (AAA) administers the arbitration under its Consumer Arbitration Rules, before one arbitrator. Its rules and fee schedule are available at adr.org, and we provide a copy on request. A hearing may proceed remotely or on written submissions where the rules allow. An in-person hearing is held in the county where you live, or Clark County, Nevada if you choose. If the AAA declines or ceases administration because we have not complied with its consumer requirements or paid required fees, you may proceed in court. Otherwise, if AAA is unavailable, we may agree on another consumer provider after the dispute arises; absent agreement, either party may proceed in court.
(f) Fees. If you initiate arbitration, you pay no more than the lesser of the AAA consumer filing fee and the fee to file the same claim in your local court. We pay any remaining required administration fees and the arbitrator's compensation. If we initiate, we pay the required filing and administration fees. Fee waivers and any more favorable allocation required by AAA or applicable law remain available. Each side pays its own lawyers unless applicable law permits an award; nothing here limits a statutory right to recover legal fees.
(g) Opting out. You may opt out within 30 days after first separately agreeing by emailing curator@properfavor.com with your name, the proposal or request reference if available, and "Arbitration opt-out". No particular form is required. We will acknowledge receipt. Opting out does not affect the rest of your agreement or the service we provide. Disputes then follow section 22.4.
(h) This section continues to apply after a favor is delivered or these Terms end.
22.4 Courts for corporate clients, and where arbitration does not apply
Corporate clients agree to the exclusive jurisdiction of the state and federal courts in Clark County, Nevada. Private clients who do not agree to arbitration, opt out, or have a claim that remains in court may use those courts or any court available to them under mandatory law, including a qualifying small-claims court.
23. Changes to these Terms
We may update these Terms. A new version applies to a request only if presented and accepted before the request payment, and to a later favor only if supplied with and accepted for that favor. Existing requests and favors remain under the versions accepted for them unless both parties agree to a change in writing. Updating a web page does not impose arbitration or reduce an existing warranty or accrued right.
24. General
24.1 The whole agreement. For each favor, the approved proposal, these Terms, Refunds and Cancellations, the applicable Guarantee, any separately accepted arbitration agreement, the Corporate Addendum if applicable, and any signed transaction addendum form the agreement, in the order described in section 1.3. The invoice records the price and payments and does not introduce new terms. The separate request service is governed by the Terms accepted when its deposit was paid.
24.2 If a part fails. If a court or arbitrator finds part of these Terms unenforceable, the rest still applies.
24.3 No waiver. If we do not enforce a term straight away, we can still enforce it later.
24.4 Transfer. You may not transfer your contractual rights or obligations without our written consent, except for the recipient's Guarantee rights or a transfer the law permits. We may transfer the agreement to a business that takes over Proper Favor only if it assumes our obligations; the transfer does not reduce your rights. We will notify you.
24.5 Notices. We send notices by email to the address you gave us. Please send legal notices to curator@properfavor.com and to Proper Favor, 9620 S Las Vegas Blvd, Suite E4 #1176, Las Vegas, NV 89123.
24.6 Headings are for convenience only.
25. Contact
Proper Favor
9620 S Las Vegas Blvd, Suite E4 #1176
Las Vegas, NV 89123
curator@properfavor.com · (702) 483-0121 · Secure message: (702) 483-0121
Corporate Addendum
This addendum applies when a favor is bought for or by a company or other organization. It adds to the Terms above and governs a conflict for a corporate client, subject to a specifically agreed proposal term or signed master agreement and the limits in section 1.3.
C1. Authority. The person who approves a proposal confirms that they are authorized to do so on the company's behalf.
C2. Purchase orders. Our proposals and acceptance are limited to the terms described in section 1.3. We object to additional or conflicting terms in a purchase order, portal, vendor form or other client document. Such a document is used for administrative reference only unless our authorized management expressly accepts its terms in a signed writing. Performance or a payment reference alone does not signify that acceptance.
C3. Your gift compliance. You are responsible for ensuring each gift complies with applicable law, your gifting rules and the recipient's rules, including anti-bribery laws and restrictions involving public officials or regulated businesses. Tell us any restrictions that affect the brief. We use the requirements you give us for curation, but do not independently investigate a recipient's rules or give a legal compliance opinion. We may decline a proposed gift and will not knowingly facilitate an unlawful payment or gift. Nothing in this allocation removes our own legal duties.
C4. Invoices describe the gift accurately. Every invoice names the favor as what it is. We cannot describe a gift as something else, for any purpose. On request, we can state the value per recipient for your finance team.
C5. Payment terms. Payment in full on approval is the default, with the exceptions in section 7.4. We may waive the request deposit for established corporate clients (section 4.1). We may agree other payment terms with an approved company. They apply only if our management confirms them in writing.
C6. Tax. If you claim a sales-tax exemption or resale status, please give us a valid certificate before the invoice is issued.
C7. Recipient lists. When you send us a list of employees, clients or other recipients:
- you confirm you are entitled to share it with us for this purpose;
- please send it securely, as your curator explains, and include only what we need to deliver;
- we use the list only for the agreed gifting services and related legal obligations, and share necessary details with the makers, delivery providers and studio service providers described in the Privacy Policy;
- we delete the working recipient list within 90 days after the last delivery or cancellation, while retaining only the transaction records and limited legal-hold material described in the Privacy Policy; and
- we will tell you without undue delay if we learn of a security incident affecting it.
C8. Business losses. For corporate clients, section 19.3's exclusion includes loss of business, contracts, goodwill or anticipated savings.
C9. Courts. Disputes with corporate clients are decided by the courts in Clark County, Nevada, under section 22.4. Section 22.3 (arbitration) does not apply.
C10. Repeat clients. For companies that give regularly, we can agree a short master gifting agreement covering volume, payment terms, invoicing and data handling.