Welcome to the Cool Munchkins website (the “Website”).
This document explains the terms that govern your use of and purchase of products from our Website. Please note that your use of our Website constitutes your agreement to follow and be bound by the terms (the “Agreement”).
We may modify the terms that govern your use of our Website. Your use of our Website following any such change constitutes your agreement to follow and be bound by the terms as changed. We may modify, move or delete portions of, or may add to our Website from time to time.
Unless otherwise specified, all type of materials, including illustrations, images, designs, icons, video clips, photographs, written and any other materials that appear as part of this Website (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Cool Munchkins Corporation. The whole Website is protected by copyright and trade dress. All worldwide rights, interests, and title are reserved. Cool Munchkins trademarks appearing at this Website are trademarks of Cool Munchkins. The Contents of our Website, and the Website in its entirety, are intended solely for personal and non-commercial (other than for the purchase of merchandise from our Website) use by the users of our Website. You may copy the Contents or download materials displayed on the Website for your personal use only. No title, right, or interest in any downloaded materials or software is transferred to you as a direct result of any such copying or downloading. You may not reproduce (except as noted above), transmit, distribute, publish, display, create derivative works from, modify, sell or participate in any sale of, or exploit in any way, partially or as a whole, any of the Contents, the Website, or any related software.
User Comments, Feedback, and other Submissions
We welcome your feedback on the Website. All feedback, comments, suggestions, ideas, postcards, and other submissions disclosed, submitted or offered to Cool Munchkins on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain Cool Munchkins property. Such submission, disclosure, or offer of any Comments shall constitute an assignment to Cool Munchkins of all worldwide rights, title and interests in all copyrights and other intellectual property in the Comments. Cool Munchkins will be exclusively the owner of all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Cool Munchkins is and shall be under no obligation (1) to keep any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to answer to any user Comments. You represent that no Comments submitted by you to the Website will violate any right of any third party, including trademark, copyright, privacy or other personal or proprietary right(s). You further represent that no Comments submitted by you to the Website will be or contain libelous or otherwise abusive, unlawful, or obscene material. You are and shall remain solely the only entity responsible for the content of any Comments you make.
Product Availability & Pricing
The majority of Cool Munchkins products displayed at the site are available through CoolMunchkins.com. In some cases, merchandise displayed for sale at the Website may not be available in all sizes and colors. The prices displayed at the Website are quoted in U.S. Dollars and can only be paid in U.S. Dollars.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Cool Munchkins shall have the right to cancel or adjust any orders placed for such product. Cool Munchkins shall have the right to cancel or refuse any such orders regardless of whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase of such product and your order is cancelled, Cool Munchkins shall immediately issue a credit to your credit card account in the amount of the incorrect price.
We have made every effort to be able to display as accurately as possible the colors of our products that appear at the Website. However, since the actual colors you see will depend on the way your computer monitor is set to display them, we cannot guarantee that your monitor’s display of any color or detail or texture of actual merchandise will be accurate.
Limits on Purchases
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we reserve the right to limit purchases to five (5) items per style, per color, per customer and/or address (excluding “stock accessories”), regardless of size of the merchandise. Stock accessories include all hair accessories, jewelry, basic socks, sunglasses, basic tights and underwear; stock accessories do not include fashion tights, fashion socks and handbags. We also reserve the right to cancel multiple orders of merchandise purchased in violation of this policy. We may modify this policy at any time for any reason and we may make exceptions to this policy, as we deem appropriate.
In addition, orders on www.coolmunchkins.com are limited to U.S. $2,500.
Sales Tax Free Purchases
Items sold on the internet and shipped to any State in the United States EXCEPT Texas will not be charged Sales Tax. If you have questions about how to make a tax free purchase, please contact Customer Service at 1-888-896-2688.
Links to Other Web Sites and Services
To the extent that this Website contains links to outside services and resources, the availability and content of which Cool Munchkins does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Cool Munchkins makes no representation or warranty that any web site links contain suitable, appropriate materials.
TO THE EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL CONTENTS OF THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF THE WEBSITE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT, TO THE EXTENT PERMITTED BY LAW, COOL MUNCHKINS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
You agree to defend, indemnify and hold Cool Munchkins harmless from and against any and all damages, claims, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or any claim by a third party that your Comments infringe the third party’s rights.
Unless otherwise specified and except to the extent Cool Munchkins products are offered for sale in the United States and select foreign markets through this Website, this Website and the Contents thereof are displayed only for the purpose of promoting Cool Munchkins products and services available in the United States and select foreign markets. This Website is controlled and operated by Cool Munchkins from its offices in Allen, Texas.
This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Texas and/or Collin County of Texas.
Cool Munchkins may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Cool Munchkins you fail to comply with any term or provision of this Agreement.