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terms and conditions for the use of this website
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB LOCATED AT HTTP://WWW.PUMPKINPATCHUSA.COM WHICH SITE BELONGS TO PUMPKIN PATCH DIRECT LTD. ("PUMPKIN PATCH"). THESE TERMS ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY ALL OF THE TERMS. PUMPKIN PATCH RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WE SHALL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE TO REVIEW THESE TERMS BEFORE EACH ACCESS OR USE OF THE SITE. YOUR CONTINUED USE OF THE SITE SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
General Use Restrictions
All information, documents, product images, and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by PUMPKIN PATCH.
PUMPKIN PATCH grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the PUMPKIN PATCH copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home/place of business or PUMPKIN PATCH, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited licence terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited licence, you agree to immediately destroy any electronic or printed Materials.
Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorisation of PUMPKIN PATCH.
Third Party Content
Third parties may provide certain information and content to PUMPKIN PATCH ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. PUMPKIN PATCH DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
No Framing
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device without the advance written authorization of PUMPKIN PATCH or its licensors, respectively.
Links To Third Party Sites
This Site may provide links to other Web sites or resources over which PUMPKIN PATCH does not have control ("External Web sites"). Such links do not constitute an endorsement by PUMPKIN PATCH of those External Web sites. You acknowledge that PUMPKIN PATCH is providing these links to you only as a convenience, and further agree that PUMPKIN PATCH is not responsible for the content of such External Web sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.
Privacy Policy
Your use of the Site is governed by the PUMPKIN PATCH Privacy Policy that is available here.
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of PUMPKIN PATCH or others used on this Site are the property of PUMPKIN PATCH or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of PUMPKIN PATCH or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Pumpkin Patch Direct Ltd. Copyright © 2007, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Indemnification
You agree to defend, indemnify and hold harmless PUMPKIN PATCH and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site or breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, or outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by PUMPKIN PATCH, and agree that PUMPKIN PATCH does not warrant the accuracy or timeliness of the Materials and further agree that PUMPKIN PATCH has no liability for any errors or omissions in the Materials, whether provided by PUMPKIN PATCH or its licensors.
PUMPKIN PATCH, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
NEITHER PUMPKIN PATCH NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF PUMPKIN PATCH WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Order process
Our display of products on our website is an invitation to treat and not an offer to sell those goods to you.
An offer is made when you place the order for your products. As you go through the order process there are also a series of instructions. We will not be bound however unless and until we accept your offer.
We take payment from your card at the time we despatch your order, once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
We will send to you an e-mail to acknowledge your order, if you enter a correct e-mail address. This is not an order confirmation or order acceptance from us.
Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place on the despatch to you by us of the goods and order invoice, which takes place as your product is shipped from our warehouse. It does not take place until that stage, notwithstanding that we may have debited your card (see above) or that we have sent an acknowledging e-mail (see above)
All orders that you place on this website will be subject to acceptance in accordance with the above clause of these terms and conditions.
The purchase of goods is subject to availability.
We do not file details of your order for you to subsequently access and therefore please print out these terms and conditions and the order acknowledgement for your own records. If you require any information about orders you have placed with us please call 1800-898-0344 or email info@pumpkinpatchusa.com
Our Customer Service Centre is open 24 hours, 7 days per week
Delivery
Currently orders can only be delivered from this Site within the United States of America ("U.S."). All orders are shipped from New Zealand via FedEx door to door service. We ship to most locations within the U.S. as well as to Military (APO/FPO) addresses and the U.S. territories.
The Delivery Cost is based on the total purchase amount:
We endeavor to deliver all orders within 5 working days from our receipt of your order and obtaining payment authorization from your credit card issuer.
| Purchase Amount |
Delivery Cost |
| Up to $50 |
$5.95 |
| $50 - $100 |
$8.95 |
| $100+ |
$11.95 |
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Returns
Returns and exchanges of current season online purchases can be made to a store or via mail within 28 days of the date of your receipt.
- Return by Mail
You will find an Easy Return shipping label attached to the Returns/Order Form in your parcel. Securely package your return, include the Returns/Order Form, and affix the Easy Returns shipping label found. You will pay no postage up front – a flat fee of $3.95 Will be deducted from the amount of your refund. Simply drop the package in at your nearest Post Office.
Alternatively you can arrange postage/delivery yourself. Please address your return to:
Pumpkin Patch Direct LTD
c/o Distribution Resources, Inc.
23001 54th Ave S,
Kent WA 98032
- Return to a Store
You can return purchases to any Pumpkin Patch store. Just bring the original invoice and we will exchange or refund your original purchase. Returns without an invoice may be exchanged or you will be credited with a gift card at the most recent selling price.
Customer Service
If you have any queries or issues with your order please call 1-800-898-0344 or email info@pumpkinpatchusa.com.
Our Customer Service Center is open 24 hours, 7 days per week
Availability
All orders for products are subject to availability. It is possible that an item you purchased on this Site is not in stock. We are truly sorry if any items you wish to purchase are not in stock. One of our Customer Service operators will contact you promptly if this is found to be the case. Any sold out items will have 'SOLD OUT' beside them on the statement accompanying your purchase. Your credit card will not be charged for any unavailable items.
Gift Cards
Pumpkin Patch Gift Cards are issued by Pumpkin Patch LLC and are redeemable in full or part payment for merchandise only at Pumpkin Patch stores situated in the US, online at www.pumpkinpatchusa.com, through the US Pumpkin Patch Catalog or by phone at 1-800-898-0344.
This card is not a check guaranty, credit or charge card.
Any balance remains on the card. No change will be given.
This card cannot be redeemed for cash or used for payment on any account, unless required by law.
The minimum amount that can be initially loaded on to this gift card is $5. The maximum gift card limit is $1,000.
Please safeguard the card. The bearer is responsible for its loss, theft or damage. If the card is lost, stolen or damaged, and you have proof of purchase, we may issue you a replacement card for the balance shown on our records.
Pumpkin Patch Gift Cards carry no expiration date. We reserve the right to change any terms and conditions under which gift cards are issued at any time.
To check your available balance, visit any Pumpkin Patch store in the US, call 1-800-898-0344 or visit the contact us section of the website.
color reproduction
We attempt to reproduce our colors as true to life as possible, but due to the nature of the printing and screen display process, sometimes garment colors may vary slightly from the color chart or their images.
Supply
We reserve the right to refuse to supply any individual or company.
Register Office
The supplier of the goods featured is Pumpkin Patch Direct Ltd, 439 East Tamaki Rd, East Tamaki, Auckland New Zealand. For further information click here
General
PUMPKIN PATCH controls and operates this Site from its headquarters in New Zealand You are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by the laws of the United States of America, without regard to the choice or conflicts of law provisions of any jurisdiction. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
The failure of PUMPKIN PATCH to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PUMPKIN PATCH in writing. The Terms comprise the entire agreement between you and PUMPKIN PATCH and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
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