1. General Information

(a) This agreement governs your use of The Halloween Project’s site and service, including all orders made or processed for products or services in connection with the site and service. You and The Halloween Project (here by T.H.P.), are the parties to this agreement.

(b) T.H.P. may change these terms from time to time. If you disagree with any amendments, you must stop using T.H.P.’s site and service.

2. Product/Merchandise Sales

(a) By placing an order using T.H.P.’s site and service, a customer makes a binding offer for a contract of sale with T.H.P. An order confirmation is sent via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. The offer is only accepted when T.H.P. confirms that production has completed in a second e-mail. T.H.P. cannot guarantee the continued availability of any products or designs found on its site.

(b) Information, drawings, figures, technical data, specifications, measurements and services contained in newsletters, ads, or online store are purely informational. T.H.P. cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.

(c) T.H.P. reserves the right to reject orders for any reason or no reason. If T.H.P. rejects an order, the customer will be notified.

(d) An order is completed when the shipment provider completes delivery to the customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and T.H.P. cannot replace the order in a reasonable amount of time, T.H.P. will notify the customer immediately.

(e) If there is a product defect or if you are dissatisfied with your order for any reason, T.H.P.’s return policy will apply, which T.H.P. may change at any time in its sole discretion.

3. Delivery & Shipment

(a) Normally we use 2-7 business days to create your products (print on-demand), and then you should add shipping times on top of that. 97.66% of our orders are shipped within 5 business days. More than a half of our orders are shipped within 3 business days or less. For orders shipped to an European destination, the average delivery time is 5-10 business days after fulfillment. The average delivery time for orders shipped from our Europe location to non-E.U. regions is 10-20 business days.

Customers and T.H.P. may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).

4. Prices

(a) All prices found on T.H.P.’s site are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.

(b) For customers ordering from outside the United States, all product prices are net of local taxes and fees. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, then the customer has the sole responsibility to pay these taxes and fees.

(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.

5. Payment

(a) Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. T.H.P. reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.

(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for T.H.P. to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of T.H.P.’s own, the customer agrees that T.H.P. may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.

(c) T.H.P. may sub-contract third parties to process payment.

(d) If the customer fails to pay, T.H.P. may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.

6. Title to Products

Until T.H.P. receives full payment for an order and the order is shipped, title to the goods remains with T.H.P. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).

7. Disclaimers

(a) T.H.P. provides the site and service on an “as is” and “as available” basis. T.H.P. does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. T.H.P. hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.

(b) You agree that T.H.P. has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. T.H.P. does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.

(c) Due to normal changes in our industry and in our technical production processes, T.H.P. may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.

(d) T.H.P. may use subcontractors or third parties to provide certain elements of its site and service. You agree that T.H.P. will not be liable to you in any way for your use of these services.

8. Limitation of Liability

(a) You use T.H.P.’s site and service at your own risk. T.H.P. provides its site and service without any express or implied warranties (See Section 7(a) (Disclaimers) above). T.H.P. is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against T.H.P. or any related third parties. If you are a California resident, you waive California Civil Code §1542, which says in full: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

(b) T.H.P. is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and T.H.P., even if advised of the possibility of such damages. T.H.P.’s aggregate liability arising out of or in connection with the site and service or any agreement between you and T.H.P. may not exceed the lesser $100 or the amount of cash actually exchanged between you and T.H.P. within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, T.H.P.’s liability will be limited to the fullest extent permitted by applicable law.

9. Data Protection

T.H.P. collects and uses your information according to its privacy policy. You acknowledge that you are responsible for the securing your own information (including passwords), keeping your sensitive information confidential, and taking responsibility for actions taken in connection with your user account.

10. Dispute Resolution

(a) The formation, construction, and performance of this agreement (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of Norway, without giving effect to any principles that provide for the application of the law of another jurisdiction. The parties agree that any dispute arising out of or relating to this agreement must be submitted to confidential binding arbitration in Oslo, Norway, if you have violated or threatened to violate the intellectual property rights of T.H.P. or a third party, or any term of any agreement you have with T.H.P.. The parties agree that;

1. the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the Norwegian Arbitration Association (NAA);
2. claims must be conducted on an individual basis, and not in a class, consolidated, or representative action; and
3. any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.

Your use of the Services may also be subject to other local, state, national and international laws. For example, some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling.

Hosts may also be subject to CC&Rs, bylaws and other agreements that apply to single family residences in some neighborhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and Federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using the Services.
(b) If any action or claim is filed in contravention of the arbitration rules provided in paragraph 10(a), the parties agree to personal jurisdiction and venue in the country and courts of Norway, Oslo, and both waive the right to a jury trial. All claims filed or brought contrary to paragraph 10(a) are improperly filed, and the non-filing party is entitled to recover all attorneys fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.

11. Miscellaneous

(a) Entire Agreement. This agreement (along with other policies found on T.H.P.’s site and service) contains the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of this agreement. The parties have not relied on any representations or promises relating to the subject matter of this agreement except those contained within the four corners of this agreement.

(b) Relationship of Parties. This agreement and other agreements relating to the site and service do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties, except when one is expressly stated. Neither party nor its agents have any authority to bind the other party, and the relationship of the parties is that of buyer and seller, or independent contractors in certain circumstances.

(c) Successors, Assignment, and Delegation. This agreement inures to the benefit of and binds the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty under this agreement without written consent from T.H.P. Any attempt to do so is null and void. If there is an involuntary assignment, then T.H.P. may reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under this agreement has actually taken place.

(d) Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published. You guarantee that the information provided in your orders or user account is accurate and hereby waive all rights or objections relating to not having received notices from T.H.P. because of incorrect or incomplete information.

(e) Enforceability and Severability. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.

(f) Waivers. Waivers are only effective when in writing. If T.H.P. waives enforcement of a breach of any term of this agreement, later breaches of the same or other terms are not waived. Accepting late performance of any act or late fulfillment of any condition of this agreement is not a waiver of the act or condition itself.

(g) Interpretation Rules. “Or” when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When “includes” or “including” begins a list of items, the list is not exclusive. All headings used in this agreement are for convenience only, and are not to be taken into account when interpreting the meaning of any term of this agreement.

(h) Conflicts. If there are any conflicts between this agreement and another agreement between you and T.H.P., then the terms of that other agreement will control only to the extent they are inconsistent. Otherwise, any additional terms are supplementary to the terms of this agreement.

(i) Reservation. T.H.P. reserves all rights not expressly granted in this agreement.

(j) No Third-Party Beneficiaries. This agreement does not and is not intended to confer any rights or remedies upon any person(s) other than the parties.

(k) Retroactive Application. You agree that your acceptance of this version of this agreement and all other agreements incorporated by reference apply retroactively to your use of the site and service prior to the effective date of this agreement.

Version: 10/2018