Introduction
Welcome to the Goblin Ghoul® Halloween Decor, Martini Glass, Blanket website (the “Site”). This Site is operated by Goblin Ghoul LLC (“Goblin Ghoul,” “we,” “us” and “our”). Your use of this Site is governed by the following terms and conditions. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. The following Terms & Conditions, together with any documents they expressly incorporate by reference, constitute the entire agreement between you and Goblin Ghoul pertaining to your access to and use of this Site.
1. Acceptance of Terms
By using this Site, you agree to be legally bound and to abide by these Terms & Conditions, as they may be modified by Goblin Ghoul from time to time. Please read them carefully. We reserve the right to update or modify these Terms & Conditions at any time without prior notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms & Conditions. If you do not agree to abide by these or any future Terms & Conditions, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly review the most current version of these Terms & Conditions. The most current version will be posted on our Site with the “Last Revised” date modified. Any changes will take effect immediately upon posting to the Site.
2. Site Access
2.1 The Site is intended for users who are 13 years of age or older. Any registration, use, access or other engagement with the Site by anyone under 13 is unauthorized, violates these Terms and Conditions, and constitutes unlawful access to the Site.
2.2 Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms & Conditions.
3. Registration and Passwords
You are responsible for maintaining the confidentiality of any username, password or other credentials used to access your Goblin Ghoul account to purchase products on this Site. You are solely responsible for all activities that occur in connection with your account, whether or not authorized by you. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to take any and all actions we deem appropriate regarding the security of our Site and your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account.
4. Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and any other content is owned by or licensed to Goblin Ghoul. Subject to your compliance with these Terms & Conditions, Goblin Ghoul grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view, download and print content from the Site solely for your personal use.
You may not:
- Modify, translate, decompile, reverse engineer, disassemble or create derivative works based on any content from the Site;
- Copy, distribute, publicly display or perform, sublicense, lease, sell, transfer or otherwise commercially use any content from the Site;
- Use any data mining, robots or similar data gathering or extraction methods;
- Remove or alter any copyright, trademark or other proprietary notices on content from the Site;
- Frame or utilize framing techniques to enclose any content or material from the Site;
- Use any meta tags or any other “hidden text” utilizing the Goblin Ghoul name, trademark or product name; or
- Engage in any activity or use any device, software or routine that interferes with the proper working of the Site or imposes an unreasonable load on our infrastructure.
All trademarks, service marks, trade names, logos, designs, trade dress and other proprietary indicia, including without limitation “Goblin Ghoul®” (collectively, the “Marks”) found on the Site are trademarks and/or registered trademarks of Goblin Ghoul. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way without Goblin Ghoul’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed without prior written consent from Goblin Ghoul.
Your use of the Site does not grant you ownership of any content or other materials you may access on the Site. All content on this Site, including content, information and materials, is under copyright to Goblin Ghoul or third party owners identified on the Site. All rights are reserved unless expressly granted.
5. User Conduct
You agree not to use the Site to:
- Violate any applicable local, state, national or international laws;
- Infringe on the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Engage in any harassing, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material;
- Post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Site;
- Engage in any collection, harvesting, mining or other unauthorized access, copying or use of information about other users, including email addresses;
- Impose or attempt to impose an unreasonable or disproportionately large load on our infrastructure;
- Interfere with the proper operation of the Site through the use of any automated device or process, including “robots,” “spiders” or “offline readers;” or
- Attempt to gain unauthorized access to computer systems owned or controlled by Goblin Ghoul or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site.
6. Product Purchase Terms
6.1 Order Acceptance and Cancellation. When you place an order for a product through our Site, we accept the order by sending you a confirmation email and order number. The order confirmation constitutes the Goblin Ghoul’s acceptance of that order. Goblin Ghoul reserves the right to cancel any orders in its sole discretion, including for reasons such as pricing errors or unavailability. If your order is canceled, you will be notified by email and refunded any payment already made for that order.
6.2 Payment. All purchases are made through Shopify’s secure checkout process. We accept most major credit cards. You represent that you are entitled to purchase the product you selected, that your payment information is current and valid, and that you are authorized to make the purchase.
6.3 Shipping and Delivery. We will arrange for shipment of any products purchased on the Site to you. Please check the individual product page for specific delivery options. You will receive a shipment confirmation email with your tracking number once your order has shipped. Unless there are exceptional circumstances, we will make every effort to deliver your order within the time quoted on the Site or otherwise communicated to you at the time you place your order.
Title and risk of loss for products purchased on our Site will pass to you when the carrier releases the merchandise to you or upon our tender of the product to the carrier, whichever occurs first. We are not liable for delays in shipment caused by events beyond our control. If our delivery is delayed for more than 30 days, you may cancel the order and request a refund.
6.4 Product Information. Goblin Ghoul attempts to be as accurate as possible in describing its products on the Site. However, Goblin Ghoul does not warrant that the product descriptions, colors, information or other content available on the Site will be accurate, complete, reliable, current or error-free. You acknowledge and agree that the colors and dimensions of products on the Site may differ from the actual product you receive due to your computer monitor limitations and lighting. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Site at any time without prior notice.
7. Return Policy
7.1 Right to Return. Customers may return eligible products within 30 days of the original purchase date for a refund or exchange. Eligible products are those in new condition with original tags and packaging. Customers are responsible for return shipping costs unless the return is due to Goblin Ghoul’s error. Damaged, used or custom products are not eligible for return.
7.2 Refunds. Refunds will be issued to the original payment method within 5 business days of Goblin Ghoul receiving the return. Refund amounts will reflect any discounts or promotions applied to the original order.
7.3 Exchanges. If you wish to exchange a product for another size, color or style, please return the original item for a refund and place a new order for the desired product. We are unable to process exchanges directly.
7.4 Return Procedures. To begin the return process, please contact us to obtain a Return Merchandise Authorization (RMA) number. All returns must be shipped back to Goblin Ghoul within 30 days of the original purchase date. Customers are responsible for all return shipping costs. Goblin Ghoul is not responsible for lost, stolen or damaged packages returned by customers. Ensure your package has proper postage and tracking information before shipping. Returns without an RMA may not be accepted or processed.
8. Disclaimers and Limitations on Liability
8.1 Disclaimer of Warranties. Products purchased through the site are provided “as is” without any warranties of any kind either express or implied. Goblin Ghoul expressly disclaims all warranties, express or implied, regarding the products, including any implied warranty of merchantability, fitness for a particular purpose or noninfringement. No advice or information provided to you by Goblin Ghoul shall create any warranty with respect to any products.
8.2 Limitation on Liability. Under no circumstances shall Goblin Ghoul be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to your use of or inability to use the Site or any products purchased through the Site, including without limitation damages for lost profits, business interruption, loss of data or other losses arising out of delays, defects or disruptions, even if we have been advised of such damages. These limitations shall apply to the fullest extent permitted by law. Notwithstanding anything else in these Terms & Conditions, the maximum liability of Goblin Ghoul for all claims under any theory shall not exceed the amount paid by you for any defective product.
9. Indemnification
You agree to defend, indemnify and hold harmless Goblin Ghoul, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, arising out of or in connection with your use of the Site.
10. Governing Law and Jurisdiction
These Terms & Conditions are governed by the laws of the State of California, without regard to its principles of conflicts of law. You agree that any claim or dispute regarding your use of the Site or any products you purchase through the Site will be brought exclusively in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any claim of inconvenient forum.
11. Termination
We reserve the right, without notice and in our sole discretion, to terminate or restrict your access to the Site for any reason, including breach of these Terms & Conditions. All provisions which by their nature should survive termination, including without limitation disclaimers of warranties, limitations of liability and indemnification obligations, shall survive termination.
12. Severability
If any provision of these Terms & Conditions is deemed unlawful, invalid or unenforceable by a court of competent jurisdiction, these Terms shall be construed so that such provision is enforceable to the maximum extent permissible by law. Any such provision deemed unlawful, void or unenforceable shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
13. Modifications
We reserve the right to modify these Terms & Conditions from time to time. Updated versions of these Terms will be posted on the Site and are effective immediately upon posting. Please check back frequently to view any changes. Continued use of the Site constitutes acceptance of the amended Terms. If any modification is unacceptable to you, your only recourse is to cease using the Site.
14. Entire Agreement
The above Terms & Conditions constitute the entire agreement between you and Goblin Ghoul pertaining to your use of the Site and supersede any prior or contemporaneous written or oral agreements between us relating to such subject matter.
15. Questions?
If you have any questions regarding these Terms & Conditions, please contact us at:
Goblin Ghoul LLC
[email protected]
This document was last updated on October 31, 2022.