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Terms and Conditions 

Agreement between User and TheChristmasParlor.com

Welcome to TheChristmasParlor.com. The TheChristmasParlor.com website (the "Site") is  comprised of various web pages operated by The Christmas Parlor. TheChristmasParlor.com is  offered to you conditioned on your acceptance without modification of the terms, conditions, and  notices contained herein (the "Terms"). Your use of TheChristmasParlor.com constitutes your  agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your  reference.  

  

TheChristmasParlor.com is an E-Commerce Site.  

  

The Christmas Parlor is a retail shop that sells year-round holiday decorations and items.    

Privacy 

Your use of TheChristmasParlor.com is subject to The Christmas Parlor's Privacy Policy. Please  review our Privacy Policy, which also governs the Site and informs users of our data collection  practices.  

Electronic Communications

Visiting TheChristmasParlor.com or sending emails to The Christmas Parlor constitutes electronic  communications. You consent to receive electronic communications and you agree that all  agreements, notices, disclosures and other communications that we provide to you electronically,  via email and on the Site, satisfy any legal requirement that such communications be in writing.    

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and  password and for restricting access to your computer, and you agree to accept responsibility for  all activities that occur under your account or password. You may not assign or otherwise transfer  your account to any other person or entity. You acknowledge that The Christmas Parlor is not  responsible for third party access to your account that results from theft or misappropriation of  your account. The Christmas Parlor and its associates reserve the right to refuse or cancel service,  terminate accounts, or remove or edit content in our sole discretion. 

Children Under Thirteen

The Christmas Parlor does not knowingly collect, either online or offline, personal information from  persons under the age of thirteen. If you are under 18, you may use TheChristmasParlor.com only  with permission of a parent or guardian.  

Cancellation/Refund Policy

We do accept returns. However, we can only accept returns of UNOPENED and UNUSED  items in their original packaging. You MUST email us at [email] within 7 days of receiving your order to get authorization BEFORE sending it back. All returns must be sent back to us in the  same condition that it was sent to you. All returned items made of glass or that are fragile MUST  be insured when mailed back. If the item is uninsured, and it breaks in transit, WE WILL NOT  REFUND. Once your order has been received, and it is confirmed that it is in the original  condition, we will credit your card back minus the shipping costs. We will not refund any shipping  fees incurred in sending the item(s) back. Item(s) must be returned within 10 days of receiving  refund authorization, otherwise the return will not be accepted.  

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We are not responsible for invalid addresses or shipments that are marked “return to sender” by  shipping companies. While we do our best to validate all addresses before shipping, we cannot be  held responsible for orders sent back to us for this reason. Please make sure you have the correct  address during check out. If we receive a return package, we’re happy to credit you for your  order although you will still be responsible for the shipping fees. 

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All items are carefully inspected and packaged appropriately to arrive to you in good condition.  Unfortunately, this does happen occasionally in transit. Please take photos of the damaged  packaged with label, the product, and inside of the package, so we can make a claim with the  carrier. We cannot make a claim without proof of the damage. You MUST contact us within 3  days of receiving the damaged package or merchandise. A refund will be issued to you on your  credit card when we receive the damaged goods providing all conditions of our return policy are  met or we can ship out a replacement. 

Links to Third Party Sites/Third Party Services 

TheChristmasParlor.com may contain links to other websites ("Linked Sites"). The Linked Sites  are not under the control of The Christmas Parlor and The Christmas Parlor is not responsible for  the contents of any Linked Site, including without limitation any link contained in a Linked Site, or  any changes or updates to a Linked Site. The Christmas Parlor is providing these links to you only  as a convenience, and the inclusion of any link does not imply endorsement by The Christmas  Parlor of the site or any association with its operators.  

  

Certain services made available via TheChristmasParlor.com are delivered by third party sites and  organizations. By using any product, service or functionality originating from the  TheChristmasParlor.com domain, you hereby acknowledge and consent that The Christmas Parlor  may share such information and data with any third party with whom The Christmas Parlor has a  contractual relationship to provide the requested product, service or functionality on behalf of  TheChristmasParlor.com users and customers.  

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use  TheChristmasParlor.com strictly in accordance with these terms of use. As a condition of your use  of the Site, you warrant to The Christmas Parlor that you will not use the Site for any purpose that  is unlawful or prohibited by these Terms. You may not use the Site in any manner which could  damage, disable, overburden, or impair the Site or interfere with any other party's use and  enjoyment of the Site. You may not obtain or attempt to obtain any materials or information  through any means not intentionally made available or provided for through the Site.    

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All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of The Christmas Parlor or  its suppliers and protected by copyright and other laws that protect intellectual property and  proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,  legends or other restrictions contained in any such content and will not make any changes thereto.   

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  The Christmas Parlor content is not for resale. Your use of the Site does not entitle you to make  any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for  your personal use, and will make no other use of the content without the express written  permission of The Christmas Parlor and the copyright owner. You agree that you do not acquire  any ownership rights in any protected content. We do not grant you any licenses, express or  implied, to the intellectual property of The Christmas Parlor or our licensors except as expressly  authorized by these Terms.  

International Users

The Service is controlled, operated and administered by The Christmas Parlor from our offices  within the USA. If you access the Service from a location outside the USA, you are responsible  for compliance with all local laws. You agree that you will not use the The Christmas Parlor  Content accessed through TheChristmasParlor.com in any country or in any manner prohibited by  any applicable laws, restrictions or regulations.  

Indemnification

You agree to indemnify, defend and hold harmless The Christmas Parlor, its officers, directors,  employees, agents and third parties, for any losses, costs, liabilities and expenses (including  reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or  services, any user postings made by you, your violation of any terms of this Agreement or your  violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  The Christmas Parlor reserves the right, at its own cost, to assume the exclusive defense and  control of any matter otherwise subject to indemnification by you, in which event you will fully  cooperate with The Christmas Parlor in asserting any available defenses.  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or  concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single  neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration  service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's  award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the  event that any legal or equitable action, proceeding or arbitration arises out of or concerns these  Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and  Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or  indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree  that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The  entire dispute, including the scope and enforceability of this arbitration provision shall be  determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms  and Conditions. 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and The Christmas Parlor agree otherwise, the arbitrator may  not consolidate more than one person's claims, and may not otherwise preside over any form of a  representative or class proceeding.  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. THE CHRISTMAS PARLOR AND/OR ITS SUPPLIERS MAY  MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.    

THE CHRISTMAS PARLOR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS  ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND  ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.  THE CHRISTMAS PARLOR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL  WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL  IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL THE CHRISTMAS PARLOR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY  DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL  DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT  LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF  OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE  PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF  THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT  LIABILITY OR OTHERWISE, EVEN IF THE CHRISTMAS PARLOR OR ANY OF ITS  SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE  SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR  LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,  THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED  WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  

Termination/Access Restriction 

The Christmas Parlor reserves the right, in its sole discretion, to terminate your access to the Site  and the related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby  consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or  relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give  effect to all provisions of these Terms, including, without limitation, this section.    

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and The Christmas Parlor as a result of this agreement or use of the Site. The Christmas  Parlor's performance of this agreement is subject to existing laws and legal process, and nothing  contained in this agreement is in derogation of The Christmas Parlor's right to comply with  governmental, court and law enforcement requests or requirements relating to your use of the Site  or information provided to or gathered by The Christmas Parlor with respect to such use. If any  part of this agreement is determined to be invalid or unenforceable pursuant to applicable law  including, but not limited to, the warranty disclaimers and liability limitations set forth above, then  the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision  that most closely matches the intent of the original provision and the remainder of the agreement  shall continue in effect.  

  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user  and The Christmas Parlor with respect to the Site and it supersedes all prior or contemporaneous  communications and proposals, whether electronic, oral or written, between the user and The  Christmas Parlor with respect to the Site. A printed version of this agreement and of any notice  given in electronic form shall be admissible in judicial or administrative proceedings based upon or  relating to this agreement to the same extent and subject to the same conditions as other business  documents and records originally generated and maintained in printed form. It is the express wish  to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Christmas Parlor reserves the right, in its sole discretion, to change the Terms under which  TheChristmasParlor.com is offered. The most current version of the Terms will supersede all previous versions. The Christmas Parlor encourages you to periodically review the Terms to stay  informed of our updates.  

Contact Us

The Christmas Parlor welcomes your questions or comments regarding the Terms:    

 

The Christmas Parlor  

Peyton, Colorado 80831  

Email Address: snslate@gmail.com  

Telephone number: 9318091051  

  

Effective as of May 15, 2023  

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