Last updated: February 27, 2023
Introduction
Welcome to the Blizzard Bay® Christmas Sweater, Sweaters, Clothing website (the “Site”). This Site is operated by Blizzard Bay LLC (“Blizzard Bay”, “we”, “us” and “our”). Your use of this Site is governed by the following terms and conditions set forth below (the “Terms”). The Terms constitute a legally binding agreement between you and Blizzard Bay regarding your use and access to the Site.
Please read the Terms carefully before using the Site. By accessing or using this Site, you agree to be bound by the Terms and all applicable laws and regulations governing use of the Site. If you do not agree with any part of these Terms, you should not use this Site.
Use of the Site
You must be at least 18 years of age to use the Site. Use of the Site and purchasing products on the Site is void where prohibited by law.
When using this Site, you must comply with all applicable laws, regulations and ordinances. You are solely responsible for the content of any submissions you make and any consequences resulting from your submissions. We reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone using the Site.
You agree not to use the Site or any content contained herein for any illegal purpose, including but not limited to intellectual property infringement, spamming, invasion of privacy, or computer hacking. Violation may result in civil or criminal liability.
You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.
You may only access and use the Site with a browser that supports encryption protocols and Secure Sockets Layer protocol.
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site and its content in accordance with these Terms.
Intellectual Property
The Site contains intellectual property owned by Blizzard Bay, including copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit any of the Site, software, materials or intellectual property, in whole or in part, without our prior written consent.
All content on the Site including but not limited to text, software, music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other material, as well as the selection, coordination, arrangement and organization of such content is owned by Blizzard Bay or its licensors and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws.
You agree not to copy, redistribute, publish or otherwise exploit any content on the Site without express authorization from Blizzard Bay or the applicable licensor. Use of the content, including copying, redistribution, modification or publication of the content for any other purpose may violate copyright, trademark and other laws. You agree to abide by any and all copyright notices or other restrictions contained in the Site.
The Blizzard Bay name and logo are trademarks owned solely by Blizzard Bay LLC. Any use of the Blizzard Bay trademarks without express written permission from Blizzard Bay is strictly prohibited.
User Content
We welcome you to submit content to the Site, including your comments, reviews, photos, videos, and any other submissions (collectively “User Content”). By submitting User Content to the Site, you grant Blizzard Bay a worldwide, perpetual, irrevocable, transferrable, license to publish, display, distribute, reproduce, modify, create derivative works, sublicense, and otherwise use that User Content without attribution or compensation to you.
You represent and warrant that any User Content submitted by you is original, does not infringe on any third party’s rights, and that you have the right to grant the license described above.
We reserve the right to remove or reject any User Content in our sole discretion that we consider objectionable, inaccurate or otherwise in violation of these Terms. We are not responsible for any failure or delay in removing such User Content.
Purchasing Products
You must be at least 18 years of age to make any purchases through the Site, or the applicable age of majority in the jurisdiction where you reside.
When you purchase a product through the Site, the product details, including price, description, specifications, availability, and shipping charges are as described on the purchase page. While we make every effort to provide complete, accurate, and up-to-date information on the Site, we do not warrant that product descriptions or any other Site content is accurate, complete, reliable, current, or error-free.
All prices and charges related to purchasing products are displayed in U.S. Dollars unless otherwise stated. Prices do not include shipping and taxes, which will be added at checkout where applicable. We reserve the right to revise prices at any time.
Once you complete your purchase, you will receive an email confirmation with the details of your order and instructions for tracking your shipment if applicable. We reserve the right to limit quantities or reject any order for any reason.
All purchases are subject to product availability. We will inform you if any products in your purchase order are unavailable and you will not be charged for unavailable items.
Shipping & Delivery
We will arrange for shipment of your purchased products to you based on the shipping information provided in your order. Shipping dates are estimates only and commence from the date of order confirmation. We are not liable for any delays in shipping.
You are responsible for providing complete and accurate shipping information during checkout. Any shipping errors resulting from inaccurate information you provide are your responsibility.
Title and risk of loss pass to you upon our transfer of purchased products to the carrier. We are not liable for lost, stolen or damaged shipments. If you fail to receive your shipment within a reasonable time after the estimated delivery date, please contact us immediately so we can investigate the issue.
We currently only ship products within the United States. We do not ship to P.O. boxes.
Returns & Refunds
If you are not completely satisfied with your purchase, you may return most unused products in their original condition for a full refund or exchange within 30 days of receipt. Custom, monogrammed, engraved, clearance, perishable or personal care products cannot be returned.
To return a product, please email us at [email protected] to obtain a Return Merchandise Authorization (RMA) number. Provide the RMA number, original order information, reason for return, and your contact information with your return shipment.
Return shipping costs are nonrefundable unless the return is due to an error on our part. You are responsible for the shipping costs and risk of loss for returned items until we receive them. We are not responsible for lost or damaged return shipments.
Once we receive and inspect your return, we will process your refund or exchange. Refunds are generally issued within 3-5 business days after the returned products pass inspection. Exchanges will be processed once we receive the returned product.
Modification and Termination
We reserve the right to modify these Terms at any time in our sole discretion. Any modifications become effective immediately upon posting on the Site. Your continued use of the Site constitutes acceptance of the modified Terms. You should periodically review the current Terms.
We reserve the right to suspend or terminate your access to the Site at any time for any reason without prior notice. We will not be liable for any damages resulting from the suspension or termination of the Site or your inability to access the Site.
Upon any termination, any provisions that by their nature should survive termination will continue in full force and effect, including but not limited to provisions related to intellectual property, prohibited activities, disclaimer of warranties, limitation of liability, indemnification and jurisdictional issues.
Disclaimers and Limitation of Liability
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BLIZZARD BAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BLIZZARD BAY MAKES NO WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ANY CONTENT WILL BE ACCURATE OR RELIABLE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR DATA THAT RESULTS FROM DOWNLOADING CONTENT.
IN NO EVENT WILL BLIZZARD BAY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ANY CONTENT CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold Blizzard Bay, its affiliates, licensors and service providers, and its and their respective officers, directors, employees and agents harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site and its content, including any User Content you submit, post or transmit through the Site.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. Any dispute arising out of or related to your use of this Site or these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware. You consent to personal jurisdiction in those courts and waive any claim that those courts constitute an inconvenient forum.
Contact Us
If you have any questions about these Terms, please contact us at:
Blizzard Bay LLC
123 Blizzard Bay Lane
Wilmington, DE 19808
United States
Email: [email protected]