Terms of Service

Last Updated: April 11, 2025

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Welcome to The Autumn Charm Company website, located at https://www.theautumncharmcompany.com/ (the "Website"). By accessing or using the Website, you (the "User" or "you") agree to be bound by these Terms of Service (the "Terms"). Please read these Terms carefully before using the Website.

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1. Acceptance of Terms

By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use the Website.

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2. Description of Services

The Autumn Charm Company [We offer premium pumpkin/fall decor delivery and display setup services for porches, front steps, and backyards. We may also provide information, blog posts, and other content related to autumn and our products.]. 

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3. Ordering and Payment (If Applicable)

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3.1. Product Information: We strive to provide accurate descriptions and images of our products. However, we do not warrant that the product descriptions, colors, or other content on the Website are accurate, complete, reliable, current, or error-free.

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3.2. Pricing: All prices are listed in [Currency, e.g., USD] and are subject to change without notice. We are not responsible for typographical errors regarding pricing.

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3.3. Orders: Your order constitutes an offer to purchase the products listed in your order. We may accept or reject your order in our sole discretion. If we reject your order, we will attempt to notify you using the email address you provided.

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3.4. Payment: You agree to pay the total amount specified at the time of your order, including applicable taxes and shipping fees. We accept [list accepted payment methods, e.g., Visa, Mastercard, PayPal]. You represent and warrant that you are authorized to use the payment method you provide.

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3.5. Shipping and Delivery: Delivery availability is limited and reservations are handled on a first-come, first-served basis. After you choose and pay for your package, a member of our team will contact you within 48 hours to arrange delivery and installation. Pumpkin delivery will be available from September 15th to October 20th. You don't need to be at home during the delivery. Your delivery will be done on your front porch, front steps, and or backyard, as specified and arranged beforehand. While we strive to meet your preferences, we cannot guarantee specific dates. 

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3.6. Returns and Exchanges: All sales are final, and we cannot provide refunds or credits for your purchase. If you wish to transfer your package to another person or address, please contact us via email. Transfers must be utilized within the current season and cannot be carried over to the next year.

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4. Intellectual Property

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4.1. Ownership: The Website and its original content, features, and functionality (including but not limited to text, graphics, logos, images, software, and code) are and will remain the exclusive property of The Autumn Charm Company and its licensors. They are protected by copyright, trademark, and other intellectual property laws.

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4.2. Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use in accordance with these Terms.

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4.3. Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website according to these Terms.

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4.4. Trademarks: "The Autumn Charm Company" and all related logos, product and service names, designs, and slogans are trademarks of The Autumn Charm Company or its affiliates or licensors. You may not use such marks without our prior written permission.

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5. Prohibited Conduct

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You agree not to:

• Use the Website for any unlawful purpose or in violation of these Terms.

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available.

• Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website.

• Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.

• Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.

• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm The Autumn Charm Company or users of the Website or expose them to liability.

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6. Links to Third-Party Websites

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The Website may contain links to third-party websites or services that are not owned or controlled by The Autumn Charm Company. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that The Autumn Charm Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

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7. Disclaimer of Warranties

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The Website Is Provided On An "As Is" And "As Available" Basis Without Any Warranties Of Any Kind, Express Or Implied, Including But Not Limited To Warranties Of Merchantability, Fitness For A Particular Purpose, Non-Infringement, And Any Warranties Arising Out Of Course Of Dealing Or Usage Of Trade. The Autumn Charm Company Does Not Warrant That The Website Will Be Uninterrupted Or Error-Free, That Defects Will Be Corrected, Or That The Website Or The Servers33 That Make The Website Available Are Free Of Viruses Or Other Harmful Components.

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8. Limitation Of Liability

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To The Fullest Extent Permitted By Applicable Law, In No Event Shall The Autumn Charm Company, Its Affiliates, Officers, Directors, Employees, Agents, Suppliers, Or Licensors Be Liable For Any Indirect, Incidental, Special, Consequential, Or Punitive Damages (Including Without Limitation Damages For Loss Of Profits, Data, Use, Goodwill, Or Other Intangible Losses) Arising Out Of Or Relating To Your Access To Or Use Of, Or Inability To Access Or Use, The Website, Whether Based On Warranty, Contract, Tort (Including Negligence), Statute, Or Any Other Legal Theory, Even If The Autumn Charm Company Has Been Advised Of The Possibility Of Such Damages. In No Event Shall The Aggregate Liability Of The Autumn Charm Company To You For All Claims Arising Out Of Or Relating To The Website Exceed [Specify A Monetary Amount, E.G., One Hundred United States Dollars ($100)].

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9. Indemnification

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You agree to indemnify, defend, and hold harmless The Autumn Charm Company and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms, your use of the Website, your User Content, or your violation of any rights of a third party.

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10. Governing Law and Dispute Resolution

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These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Website shall be instituted exclusively in the federal or state courts located in Bayonne, Hudson County, New Jersey. You irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

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11. Changes to These Terms

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We reserve the right to modify or revise these Terms at any time in our sole discretion. We will post any changes on this page and update the "Last Updated" date. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates or changes.

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12. Entire Agreement

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These Terms and our Privacy Policy constitute the entire agreement between you and The Autumn Charm Company regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

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13. Severability

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If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall45 be struck and the remaining provisions shall remain in full force and effect.

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14. Contact Us

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If you have any questions about these Terms, please contact us at:

The Autumn Charm Company

info@theautumncharmcompany.com

‪(973) 283-5521‬