Terms & Conditions

TERMS AND CONDITIONS


Governing the Use of Silk Christmas Tree Skirts.com, Products and/or Services

1) ERRORS: Due to the volume of orders that we process, an occasional error may occur in processing, shipping or handling the return of your order. We deeply regret this and will do what we can reasonably do to rectify the error.  Under no circumstances will our liability exceed the cost of the item and shipping charge collected. We do try to make sure that all prices on our Web site are accurate. However, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price. CANCELLATIONS: If you cancel BEFORE work begins on your custom made Christmas tree skirt and you have already paid for the goods, you will receive a full refund.
If we place a pre-paid special fabric or trim order for you and you cancel BEFORE work begins on your custom made Christmas tree skirt the cost of the special goods will be deducted from your refund. If we discover that an item is out of stock after your order is placed and are unable to contact you, we will attempt to notify you. If we are unable to contact you or attempt to contact you with no reply, we will treat the order as cancelled. DUE DATES: If you notify us of a due date we will endeavour to see that the order is shipped from our facility in a timely manner. If you do not notify us of a due date we are not liable for missed delivery dates. Be aware that every item on this site ships from a location which is subject to weather delays in the winter. So, allow extra time.

2) SHIPPING ERRORS: Shipment will be made to the delivery address that you specify when you place your order. We are not responsible for late or missed deliveries if the address on the original order was not entered correctly during the ordering process. GIFT SHIPMENTS: If you are ordering to give as a gift, the recipient must sign when the skirt is delivered. This ensures that all parties involved are aware of successful or unsuccessful delivery attempts.

3) DISCLAIMER:   Except as expressly set forth in this section, company specifically disclaims all representations, warranties, and conditions whether express or implied, arising by statute, operation of law, usage of trade, course of dealing, or otherwise, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, or title with respect to the site or services, or other services or goods provided through this site. For the avoidance of doubt, you agree that company does not represent or warrant that the services, products or site will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error-free.

4) LIMITATION OF LIABILITY:
Silk Christmas Tree Skirts.com expressly disclaims any liability or loss arising from or related to the site or the services (however arising, including negligence), including without limitation, liability or loss associated with unauthorized access to any server, websites, facilities, or your customer data (including credit card numbers and other personally identifiable information) due to accident, illegal or fraudulent means, including hacking, or devices used by any third party, or other causes beyond Silk Christmas Tree Skirts.com's reasonable control. You expressly agree that Silk Christmas Tree Skirts.com shall not be liable for any loss arising from infiltration of the services, the Silk Christmas Tree Skirts.com system or website by means of software viruses, Trojan horses, worms, time bombs, or any other software programs, or technology designed or intended to disrupt, damage, intercept or expropriate the Silk Christmas Tree Skirts.com services or any system, program, data or personal information or limit the functioning of the site, services or any software, hardware, or equipment or to damage or obtain unauthorized access to any data or any information of any third party.

5) EXCLUSION: As a condition of use of the site and services, you agree that neither company, nor any officer, affiliate, director, shareholder, agent, contractor or employee of company will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of use, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the site, services, products, third party services or service agreements, however arising, including without limitation, the inability to use the services or product, for cost of procurement of substitute goods and services or resulting from any products, services provided or obtained or transactions entered into through the site, including but not limited to, damages for loss of profits, use, other tangible or intangible property, even if company has been advised of the possibility of such damages. The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of company and its affiliates, parents, subsidiaries, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.

6) OTHER LIMITATIONS: except as otherwise limited, our liability and the liability of our parent, subsidiaries, officers, directors, employees and agents to you or any third parties in any circumstances shall be limited to the lesser of (a) the amount of your order and any other sum paid in the 30 days prior to the action giving rise to liability or  the total value of the item in question.

7) INDEMNIFICATION: You agree to indemnify, defend and hold harmless company, its parents, subsidiaries, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, arising from or out of: (a) your use of the site and/or services; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the terms or privacy policy; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your use of any product or service purchased from the site.

8) OTHER DISCLAIMERS: (a) PRODUCT DESCRIPTIONS: Since we know you can not see first-hand the lovely products in our store, we try very hard to make sure that the descriptions are accurate, detailed and complete. However, we reserve the right to make a mistake once in a while. :-) We can not control or accept responsibility for a mistake made by a supplier in their product pricing or descriptions or changes made to a product of which we are not aware. (b) PRODUCT COLORS / APPEARANCE: Due to variations in brightness, contrast and the color balance settings of computer monitors, we cannot guarantee that the color you see on your screen will be an exact match for the color of any product in our Internet store. (c) ERRORS, CORRECTIONS, OMISSIONS: Adjustments or corrections due to errors or omissions can be made to our website and the Internet store at any time. These adjustments include pricing, shipping cost and methods, details and product descriptions, discontinued products not marked as such, structural changes to a product made by the manufacturer of which we are not aware, products that are sold out due to unexpected heavy demand, errors in typing or incorrect photo, dimensions or pricing shown with a product.
 
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TERMS SUBJECT TO CHANGE and the laws of the state of Delaware. Contact me if you need assistance.

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