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TERMS & CONDITIONS

TERMS & CONDITIONS

These terms and conditions are entered into by and between You and The Christmas Loft Inc. The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms and Conditions”), govern your access to and use of www.christmasloft.com, including any content, functionality, products, and services offered on or through www.christmasloft.com (“Website”), whether as a guest or registered user. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE, AS WELL AS OUR PRIVACY POLICY. By using the Website or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept or agree to be bound by these Terms and Conditions as well as our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms and Conditions, please do not use the Website. 

COPYRIGHT

The entire content included in the Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Christmas Loft. The Christmas Loft does not investigate to determine if such works are accurate nor can The Christmas Loft provide assurance that all such works are free of typographical errors. The Christmas Loft cannot guarantee information displayed on the Website to be 100% accurate. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with The Christmas Loft or purchasing Christmas Loft products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with Christmas Loft or to purchase Christmas Loft products. No mechanized or other systematic process for harvesting information from the Website for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by The Christmas Loft. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

TRADEMARKS

All trademarks, service marks and trade names of The Christmas Loft used in the Website are trademarks or registered trademarks of The Christmas Loft.

WEBSITE WARRANTY DISCLAIMER

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CHRISTMA LOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHRISTMAS LOFT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CHRISTMAS LOFT DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

PRODUCT DISCLAIMER

PRODUCTS PURCHASED ON THE CHRISTMAS LOFT WEBSITE ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTIES SET FORTH ELSEWHERE ON THIS WEBSITE, WHICH WARRANTIES ARE EXPRESSLY INCORPORATED INTO THESE TERMS AND CONDITIONS. FROM TIME TO TIME, THE CHRISTMAS LOFT MAY AMEND ITS WARRANTIES. THE CHRISTMAS LOFT MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PRODUCTS ARE BEING SOLD FOR ORNAMENTAL AND DECORATIVE USE ONLY. THE USE OF PRODUCTS FOR ANY OTHER REASON MAY BE HARMFUL AND/OR ILLEGAL. THE CHRISTMAS LOFT ASSUMES NO LIABILITY WITH REGARD TO PERFORMANCE OF THE PRODUCTS, OR FOR THE MISUSE OR MISPLACEMENT IN YOUR HOME OF THE PRODUCTS, OR FIRE HAZARDS ARISING OUT OF YOUR USE OF THE PRODUCTS. YOUR ORDERING THE PRODUCTS CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS AND CONDITIONS AND RELEASES THE CHRISTMAS LOFT FROM ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.

SHIPPING & HANDLING AND ORDERS

The Christmas Loft will ship products according to the shipping & handling option selected by you at checkout. The Christmas Loft reserves the right to change the shipping options as needed. You agree that your order is an offer to buy, under these Terms and Conditions, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. For avoidance of doubt, the receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. The Christmas Loft  reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

RETURN AND EXCHANGE

For terms governing the return and exchange of our products, which are expressly incorporated into these Terms and Conditions, please visit our Returns and Exchanges page. For avoidance of doubt, the FAQ content is expressly incorporated into these Terms and Conditions.

LIMITATION OF LIABILITY

THE CHRISMAS LOFT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF THE CHRISTMAS LOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TYPOGRAPHICAL ERRORS

The Christmas Loft strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time (even if during a sale or promotion period) and to refuse or cancel any orders arising from such occurrences. The Christmas Loft reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Christmas Loft shall issue a credit to your credit card account in the amount of the incorrect price.

TERMINATION

These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be modified or terminated by The Christmas Loft without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall in all events survive any termination of these Terms and Conditions.

NOTICE

Any time that The Christmas Loft determines, in our sole discretion, that we should or are obligated to communicate with you, we may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to The Christmas Loft. In accordance with our Privacy Policy, we may contact you in certain circumstances – including by email – even if you have asked us not to send you mail or email communications.

 USE OF WEBSITE

Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Christmas Loft or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. Use of the Website for any illegal or unauthorized purpose is strictly prohibited. The Christmas Loft may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who violate this policy.

You understand and agree that The Christmas Loft cannot be responsible for the content posted on the Website by users and that your use of the Website is at your own risk. The Christmas Loft is under no circumstances liable in any way for any content posted on the Website or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the Website by users.

 PARTICIPATION DISCLAIMER

The Christmas Loft does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, The Christmas Loft is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, The Christmas Loft reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to The Christmas Loft in its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Christmas Loft, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions, any content posted to or made available on the Website, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.

LICENSE

Notwithstanding anything to the contrary in these Terms and Conditions, with respect to content you submit or make available for inclusion on the Website, you grant The Christmas Loft the permanent world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Website for any purpose.

PRIVACY

Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy below.

You acknowledge and agree that The Christma Loft may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Christmas Loft, The Christmas Loft users, and the public.

You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, The Christma Loft  may link to sites operated by third parties. However, even if the third party is affiliated with The Christmas Loft, The Christmas Loft has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Christmas Loft. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Christmas Loft seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

CLAIMS AND DISPUTES

ANY DISPUTE OR CLAIM ARISING FROM THESE TERMS AND CONDITIONS, USE OF THE WEBSITE, OR YOUR PURCHASE OF PRODUCTS SOLD BY THE CHRISTMAS LOFT THROUGH THE WEBSITE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT. ANY SUCH ARBITRATION PROCEEDING SHALL APPLY CALIFORNIA LAW AND SHALL BE CONDUCTED IN SAN FRANCISCO, CALIFORNIA.

YOU AND THE CHRISMTAS LOFT INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES. PAYMENT OF FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY AAA’S RULES. THE CHRISTMAS LOFT WILL PAY ANY SUCH FEES CHARGED IN CONNECTION WITH THE ARBITRATION (BUT NOT YOUR ATTORNEYS’ FEES) FOR CLAIMS TOTALING LESS THAN USD10,000.00 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE YOU AGREE THAT YOU WILL PAY SAID FEES. THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THIS ARBITRATION PROVISION OR THE AGREEMENT IS VOID, VOIDABLE, OR OTHERWISE INVALID. THE ARBITRATOR WILL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY. ANY AWARD OF THE ARBITRATOR(S) WILL BE FINAL AND BINDING ON EACH OF THE PARTIES, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT RATHER THAN ARBITRATION IF YOUR CLAIMS QUALIFY, AND IF YOU PROVIDED US WITH WRITTEN NOTICE OF YOUR INTENTION TO DO SO WITHIN 60 DAYS OF YOUR PURCHASE. THE ARBITRATION OR SMALL-CLAIMS COURT PROCEEDING WILL BE LIMITED SOLELY TO YOUR INDIVIDUAL DISPUTE OR CONTROVERSY.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND THE REMAINING ARBITRATION TERMS WILL BE ENFORCED.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF THE CHRISTMAS LOFT PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR BE BARRED FOREVER.

MISCELLANEOUS

Your use of this Website shall be governed in all respects by the laws of the state of California , U.S.A. , without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. The Christmas Loft’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and The Christmas Loft with regard to your use of this site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Christmas Loft may assign its rights and duties under this Agreement to any party at any time without notice to you.

CHANGES TO OUR POLICY

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on 31 December 2019.

TERMS AND CONDITIONS

Please also see our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.

YOUR CONSENT

By using our site, you consent to our Privacy Policy and the Website Terms & Conditions stated above.