| Costume Cauldron a division of Gift Box Portal Online Inc. (at times referred to below as we and us) |
To place an order on our website, please use
our secure on-line Hacker Safe shopping cart and enter your credit card or PayPal information. If you
have questions regarding any of our products, you can email us 24 hours
a day, 7 days a week.
1. Options for Ordering Our Products
You can order our products available on this web site in various ways.
Online: www.costumecauldron.com
Orders can be placed online 24-7 with our
secure online shopping cart or through our encrypted chat interface.
Email: ![]()
Orders can be accepted through email by
sending us a list of item numbers with your billing and shipping information.
One of our sales representatives will call you to verify your order particulars
and obtain your credit card information. A $2.95 fee for email orders
will be added to your total.
Telephone: 1.800.890.0409 ext. 3
Operators are standing by to accept telephone
orders 6am-9pm central time. A $2.95 fee for telephone orders will be
added to your total. Please have your item numbers and credit card ready.
2. Methods
of Payment
All payments to be made for our products must be in lawful currency of
the United States.
Visa & Mastercard (1-2 day processing time + shipping transit
time)
Orders are charged in full at the time
of confirmation with the credit card issuer. Charges may not show up on
your credit card issuer's statement for up to 5 business days following
our receipt of confirmation.
Paypal - Debit, Mastercard, Visa, American Express & Discover (1-2 day processing time + shipping transit time)
PayPal payments are instant payments unless
you are using their Echeck feature through your bank account. Echecks
can take up to 10 business days to clear. Inventory is not held for Echeck
payments. If an item included with your order sells out before your payment
clears we will notify you. More info on PayPal
Once you submit an order online
to us, you cannot change the order due to our automated online processing
system.
3. RETURN POLICY- Money Back Guarantee
We want you to be 100% happy
with the costume and novelty products! We pride
ourselves in carrying high quality items and
we hope that you will be pleased with your order.
Nevertheless, rest assured that you can return
a product not on our final sale items
list and purchased outside our blackout
period.
When
you receive your package open it immediately,
inspect it and try on any wearable items.
Call us with any issues you may have with
the order immediately. If
you need to make a return, please send an
email to
within 3 business (Mon-Fri) days of receiving
your order for an authorization and return
information. We do not give authorizations
by phone as we need your request in written
form. We will accept returns and exchanges
if they meet the policy guidelines and are
within 3 business days (Mon-Fri) of delivery
as long as you have received and returned
our authorization form. The items must be
resalable in the original packaging (the packaging
must not be damaged in any way with the advertising
tags in tact, costume packaging should be
resnapped shut). Please do not
try to return products to us without an authorization return number.
Check the sizing
chart to choose your size carefully before
purchasing to avoid any issues. If you have
ANY questions about the size of a product
please ask our customer service via email
or by phone.
Returns/Exchanges must
be postmarked back to our office 3
business days (Mon-Fri) from
the received delivery date indicated on your tracking number. Shipping
charges of any kind are non refundable. This
includes any return shipping on exchanges.
You must return your product using
a commercial courier or other traceable delivery method offered
by entities such as UPS or the United States Parcel Post service.
We will not accept returns sent COD. Upon our receipt and confirmation
of your authorized product return, your credit card, debit card
or PayPal account will be credited for the full amount of the
purchase price and the tax paid (if any), less shipping charges
including return shipping. A 15% restocking fee will be charged
on return items. If you receive your product from us damaged in
the course of delivery to you, please hold the product together
with its original packaging and call the delivery carrier for
inspection and pick-up. If you receive the wrong product, or a
damaged or defective product shipped by us, you may choose to
have the product replaced. Alternately, you may also receive a
refund of the purchase price. If the product shipped was not the
product you ordered, you may elect to have the correct product
shipped. Please call us for an authorization return number if
any of the foregoing matters occur to you. We will require photographic
proof of any package damage, product defects
or incorrect items (with packing slip in the
image) to help us find a solution. These issues must be reported within 3 days
of receiving your order.
Any undeliverable package returned to our warehouse due to an
incorrect address or receiver not available for delivery, will
be refunded minus shipping and handling fees including return
shipping costs and a 15% restocking fee on the product total.
We recommend customers follow their tracking to insure on-time
arrival.
Final Sale
Items - these
items can not be returned under any circumstances |

4. Back
Orders
We usually have a large stock of products but if you purchase a product
we have on back order, an email will be sent to the email address you
provided to us informing you of the day that particular product will be
available and when your order will ship in full. In this event, there
will be a delay in shipping your order. Our customers who have ordered
a back order item may elect to have the remainder of the order shipped
first and the back ordered item shipped when available. An additional
shipping charge will be required for a splitting of the order. Canceling
back order items is also an option.
Inventory levels are updated to the site every
day during the Halloween season and less frequently
during the slower months. During the month
of October we will take the initiative to
cancel orders completely that have back order
items to help with our workflow of orders.
This will also speed up your reorder process
for in stock items during the busy season. Note: our shopping cart automatically
charges your credit cards or debit card the entire amount due for your
order when it is placed with us. If, after notifying you of a back order
situation, you request a cancellation of your order, we will issue you
a complete credit refunding any monies paid using the identical payment
protocol you used in placing and paying for the order in the first instance.
5.
Canceled Orders
We
may cancel your order during our processing time frame before
shipment to you. This may occur for several reasons outside our
control. For example, if an item ordered is out of stock, the
complete order may be cancelled to allow for a faster reordering
by you. If your payment was declined or returned NSF, this would
also cause a cancellation of your order. If an order is unable
to meet a delivery deadline, it may also be cancelled. Despite
any initial acceptance of your order, we reserves the right to
cancel any order at any time with a full refund given to you for
any amount otherwise paid and without further compensation or
any liability from us to you. If we have to cancel your order
for any of the reasons noted above or otherwise, we will notify
you by email as soon as we are in a position to inform you of
the same.
6.
Sales Tax
All
prices are subject to applicable federal, state and/or provincial
sales taxes, handling charges and shipping charges .Orders
shipped within the United States are tax-exempt!
All US-based shipments are billed tax free.
Sales tax (HST or GST) will
only be assessed for orders that are shipped to Canada. This is
due to the fact that our corporate office is in Vancouver, BC,
Canada. .
7.
Package & Handling Fee
As an online
retailer we know the cost of hiring staff to package and
handle your order for shipping. This fee is added to your
order to cover those costs. Unlike other online companies
who charge upwards of a $10 handling fee, ours is modest
in comparison, visible in your cart before you checkout
with your payment information.
8.
Possible Additional Credit Card Fees
Our
head office and payment gateway is located in Vancouver,BC,
Canada; in some cases the issuing bank of a credit card
may charge a foreign order fee. We cannot anticipate these
fees and will not be able to reimburse you for any additional
charges incurred by your issuing bank. These charges are
also non refundable by us. Contact your issuing credit card
or debit card company for any information regarding this
type of fee, if any.
9.
Rush Orders
In the event you would like to request a rush order on any of the
items at Costume Cauldron, please call us at 1.800.890.0409
or send us an email. We will do our best to accommodate you. Unfortunately
we can not guarantee a RUSH to our Canadian & International customers
due to border/customs delay.

10. Halloween Delivery Guarantee
WE GUARANTEE you'll receive your order before October 31st
or it's FREE!
That's a promise!
We experience a high volume of orders during October for the Halloween
season. We know our customers are anxious to get their orders in
time for Halloween and we will make sure you get your order on time,
even if we have to upgrade the shipping at no additional cost to
you. If your order is
being shipped within the continental United States (not including
PO Boxes, HI, AK, PR, APO or FPO) and you receive it later than
3pm October 31st we will give it to you absolutely free of charge;
a refund for the complete order will be issued in the form of a
gift certificate for the full amount including shipping and handling
with proof of delivery.
This offer is for complete
orders in transit only, purchased before Oct 30th; excludes unshipped
orders, orders out of stock, wrong items shipped, orders with a
failed delivery, adverse weather conditions, mechanical failure
or damage during UPS delivery. A failed delivery,when you are not
available to accept the package, would be considered your delivery
date. We recommend you follow your tracking and be available to
insure a quick delivery.
11.
Shipping
All shipments are sent with a traceable method only. Pick-ups are
not available.
US shipments
(continental) are sent:
~UPS Ground,
~UPS 3 Day Saver
~UPS 2nd Day Air
~UPS Next Day Air
The shipping fee is based on weight automatically calculated
through our shopping cart. All shipping times quoted are based on
the time it leaves our warehouse(1-2 days after the order is placed).
If you need something to arrive within 48 hrs, please contact us
at 1.800.890.0409. Pick-ups are not available.
US
shipments (APO, FPO, PO Box)
are sent:
~USPS Priority Mail
~USPS Express Mail
PO Box
addresses will
automatically be sent USPS as UPS will not ship
to these destinations even though our cart calculates
UPS. We suggest using your physical address
instead of a PO Box.
US
shipments (AK,
GU, HI, VI, PR)
are sent:
~USPS
Priority Mail
~USPS Express Mail
~UPS
Ground,
~UPS 2nd Day Air
~UPS Next Day Air
The shipping fee is based on weight automatically
calculated through our shopping cart. All shipping
times quoted are based on the time it leaves
our warehouse(2-4 days after the order is placed). Some of the above options may not be available for your shipping area.
Canadian shipments are sent:
~UPS
~UPS Worldwide Expedited
~UPS
Worldwide Saver
~UPS
Worldwide Express
~USPS
Express MailInternational
The shipping fee is based on weight automatically
calculated through our shopping cart. All shipping
times quoted are based on the time it leaves
our warehouse(1-2 days after the order is placed). Some of the above options may not be available for your shipping area.
International shipments are sent:
~UPS
~UPS Worldwide Saver
~UPS
Worldwide Express
~USPS
Express MailInternational
The
shipping fee is based on weight automatically calculated
through our shopping cart. All shipping times quoted are
based on the time it leaves our warehouse(1-2 days after
the order is placed). We
can not rush services to our International
customers due to border/customs delay. Some of the above options may not be available for your shipping area.
We currently only ship to the following countries outside the United States:
Australia, Canada, France, Ireland, Hong Kong, United Kingdom, Germany, Italy, Norway, Denmark, Japan, Netherlands, United Arab Emirates, Minor Outlying Islands, US Virgin Islands, British Virgin Islands, Vatican City, New Zealand.

Orders being shipped outside the
US through border crossings: Certain countries may charge additional fees, such as custom fees and
independent carrier fees. We cannot anticipate these fees and will not
be able to reimburse you for any additional fees incurred or predict additional
shipping time due to these border or customs issues. Please contact your
local customs office or branch office of the Postal Service to determine
what type of fees you may expect based upon the type of product you wish
to order. If for any reason your package is undeliverable and is returned
to our warehouse you will be charged for the extra return delivery costs
we incur together with a restocking fee of 15%. Our head office and payment
gateway is located in Vancouver,BC, Canada; in some cases the issuing
bank of a credit card may charge a foreign order fee. We cannot anticipate
these fees and will not be able to reimburse you for any additional charges
incurred by your issuing bank. These charges are also non refundable by
us. Contact your issuing credit card or debit card company for any information
regarding this type of fee, if any.
12.
Delivery Time
Most orders ship within 1-2 business days from
when the order is placed. This timeframe does
not include any customs delays if your order,
is being shipped through a boarder crossing.
In the event you require a rush order, please
email or call us at 1.800.890.0409 to discuss
special arrangements.
13.
Carrier Travel Time
After an order has been shipped from our warehouse your
selected carrier will take the following days to deliver
the package. Customers are not able to use their own shipping
accounts for orders.
UPS ground ~ 3-7 days travel time
UPS 3 day select ~ 3 business days travel time
UPS 2 day air ~ 2 business days travel time
USP next day air ~ 1 business day travel time
UPS to Canada ~ 4-6 business days travel time
UPS
Worldwide Expedited ~ 2-4
business days travel time
UPS Worldwide Saver ~ 2-3
business days travel time
UPS Worldwide Express ~ 1-2 business
days travel time
USPS priority mail ~ 5-10 business days travel time
USPS express mail ~ 3-5 business days travel time
USPS Priority Mail International ~ 2-4 weeks travel time
USPS Express Mail International ~ 7-10 business days travel
time
14. Order
Tracking
Once we have added the tracking number
to an order, tracking the package en route is
available at either the USPS or UPS website.
The following phone numbers can be used:
UPS.com
1-800-PICK-UPS (800-742-5877)
1-800-833-0056 - TTY/TDD Access for the Hearing
Impaired
USPS.com - PO Box, APO, FPO, AK, GU, HI, VI, PR
International Package Tracking
1-800-222-1811
Once a tracking has been added to your account
and emailed to you, it is your responsibility
to divert and clear up any receiving delivery
issues with the carrier. Any packages with failed
delivery that are returned to our office will
be charged all delivery costs including return
shipping, packaging/handling and a 15% restocking
fee.
15.
Discount Codes, Promotions and 3rd Party Coupons
From time to time coupon codes and promotions are offered
to give our customers an added savings benefit. Discount codes
can run for as long as 24 months. During the length of added value promotions
such as Free Shipping or % Off Days, all discount codes are
deactivated. See our homepage for any current running promotion. Discount
codes may be applied to an order and will discount regular
priced items. Discount code offers are not valid on existing
orders, sale/clearance priced merchandise, telephone orders,
other promotions and purchases with existing trade/wholesale
discounts (quantity discounts). Discount codes expire after
the posted expiry date. 3rd party coupons are accepted only from these venders: Yelp, Yellowpages, Superpages. Any other vender is not valid and will not be honored through our shopping cart. If you purchase a 3rd party coupon from one of these approved venders please email
to redeem this coupon for a cashable store gift certificate.
16.
Events Beyond our Reasonable Control
The delivery times
for shipment of our products noted above in these terms
and conditions are estimates only. We will not be liable
for any late delivery of orders due to circumstances beyond
our control including border or customs delays, fire, flood,
severe weather conditions, any act of God, riot, act of
war (whether or not declared), act of terrorism, governmental
action, pandemic or other health emergency including quarantine,
or labor dispute.
17. Warning Lable - for the state of California
The following warning
language is standard on products sold in California
if they contain chemicals on the Proposition 65 list and
the amount of exposure caused by the product is not within
defined safety limits. As our store has no way to test for
these levels the warning applies to all products.
WARNING: Some of our products may contain chemicals known
to the State of California to cause cancer and birth
defects or other reproductive harm.
18. Promotional Images
Promotional images on our Site supplied by our manufacturers may vary
slightly from the actual product. Sometimes, an image may contain supplemental
elements or items not included in the sale of the product to enhance the
look of the product from an aesthetic view. If an image element or item
is not specifically listed in the related product description it will
not be included with the product itself. From time to time, the manufacturer
may alter or discontinue an element or related item accompanying a product
and we cannot anticipate these changes. We will do what we can to rectify
an issue and update a product description and its accompanying image when
necessary.
19. Information you provide
We rely on the information you provide through the Site, including registration
information (name and email address), payment information (credit card
and debit card numbers and expiration dates), and transaction-related
information, which must be true, accurate, current and complete. You will
be solely responsible and liable for any and all loss, damage, and additional
costs that you, we or any other person may incur as a result of your submission
of any false, incorrect or incomplete information or your failure to update
your registration information and payment information within 30 days of
any change.
20.
Severability
If any provision of these terms or conditions of sale conflicts with any
applicable law or regulation, that provision will be deemed by both of
us to be modified to be consistent with the law or regulation, or be deleted
if modification is impossible, but all other terms and conditions set
forth herein, as modified, will continue.
21.
Non-Waiver of Compliance
If we fail to enforce at any time any provision of these terms and conditions,
any such failure will not be interpreted as a waiver by Gift Box Portal
Online Inc. of the right to act or to enforce such term and condition.
22. Copyright
The entire content included in this web site with the URL www.costumecauldron.com
(the Site), including but not limited to text, graphics
or code is protected by applicable copyright laws and is the property
of Gift Box Portal Online Inc. Other than certain works included on the
Site acquired under license, copyright in all text, graphics and software
code on our Site is copyright Gift Box Portal Online Inc. Permission is
granted to visitors to our Site to electronically copy and print hard
copy portions of the contents of the Site solely for the purpose of placing
an order with us or purchasing our products offered from time to time.
You may display and, subject to any expressly stated restrictions or limitations
relating to specific material available on our Site, download or print
portions of the material from the different areas of the Site solely for
your own non-commercial use. Any other use, including but not limited
to the reproduction, distribution, display or transmission of the content
of the Site is strictly prohibited, unless authorized in writing by Gift
Box Portal Online Inc. If you download any images or other content from
our Site, You must not change or delete any proprietary notices accompanying
such images or content.
23. Trademarks
All trademarks, service marks and trade names used in our Site are trademarks
or registered trademarks of either the owners thereof and used under license
by Gift Box Portal Online Inc. or owned by Gift Box Portal Online Inc.
24. Warranty Disclaimer
OTHER THAN AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS, ALL
PRODUCTS SOLD ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES, OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIFT BOX PORTAL ONLINE INC. DISCLAIMS
ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES OF ANY KIND, EXPRESS
OR IMPLIED, REGARDING THE SITE, OUR SERVICES OR OUR PRODUCTS OFFERED FOR
SALE ON THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, AVAILABILITY OR COMPATIBILITY AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS SOLD ON THE SITE WILL
PERFORM AS DESCRIBED, OR THAT THEY WILL BE SUITABLE FOR AN INTENDED PURPOSE
SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FOR GREATER CERTAINTY,
THE DISCLAIMERS SET FORTH ABOVE IN NO WAY ARE INTENDED TO DISCLAIM ANY
WARRANTIES PROVIDED BY THE MANUFACTURER OF ANY PRODUCT WE SELL.
25. Limitation of Liability
INDEPENDENT OF, SEVERABLE FROM AND TO BE ENFORCED INDEPENDENTLY OF ANY
OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, IN NO
EVENT WILL THE AGGREGATE LIABILITY OF GIFT BOX PORTAL ONLINE INC. TO YOU
(INCLUDING LIABILITY TO PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED
ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU), WITH RESPECT TO
ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE
USE OF THE SITE OR ANY PRODUCTS SOLD HEREUNDER, IN CONTRACT, TORT (INCLUDING
NEGLIGENCE OR BREACH OF ANY DUTY), STRICT LIABILITY, STATUTORY LIABILITY
OR OTHERWISE EXCEED THE CONSIDERATION PAID BY YOU TO GIFT BOX PORTAL ONLINE
INC. FOR THE PRODUCT IN QUESTION GIVING RISE TO THE CLAIM. IN NO EVENT
WILL THE GIFT BOX PORTAL ONLINE INC. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, LOSS OF
GOODWILL OR BUSINESS PROFITS, REGARDLESS OF THE LEGAL THEORY UNDER WHICH
SUCH DAMAGES ARE SOUGHT AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND
EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
26. Typographical Errors
In the event that a product sold on the Site is mistakenly listed at an
incorrect price, We reserve the right to refuse or cancel any orders placed
for such product listed at the incorrect price. We reserve the right to
refuse or cancel any such orders involving a mistaken price whether or
not the order has been confirmed and your credit card or debit card has
been charged. If your credit card or debit card has already been charged
for the purchase and we subsequently cancel your order in this respect,
we will notify you promptly and shall issue a full credit to your credit
card or debit card account in the amount of the incorrect price.
27. Price
and Product Changes
We reserve the right, in our sole discretion, to
make any necessary updates, modifications and adjustments at any time
without prior notice, to product descriptions and prices, whether due
to product discontinuation, errors, changing costs, new market conditions
or any other business factor.
28. Amendments
These terms and conditions of sale set forth herein contain all the terms
and conditions governing the sale of our products offered on this Site
and may not be modified or amended except by an agreement which has been
signed by an authorized signatory of Gift Box Portal Online Inc. and specifically
referring to this Agreement.
29. Headings
The headings contained in these terms and conditions are included for
mere convenience of reference and will not affect or be used in the interpretation
of this document.
30.
Currency
Unless otherwise expressly noted in writing from Gift Box Portal Online
Inc., any reference to dollar amounts referred to above or otherwise relating
to the sale of our Products will be deemed to be lawful currency of the
United States of America.
31. Exclusion
of CISG
The application of the United Nations Convention on Contracts for the
International Sale of Goods will not apply to any part of any transactions
which may result from your placement of an order with us, including any
agreement constituted by our acceptance of any order from you and the
same is hereby strictly excluded.
32. Interpreting
and Enforcing this Agreement
The agreement constituted by the acceptance by us of any order from you
will be governed by and interpreted exclusively in accordance with the
laws (procedural and substantive) of the Province of British Columbia
and Canada as if made and performed by and between parties situate in
such province and without regard to conflict of laws doctrine and in accordance
with the English language text in the form set forth in these terms and
conditions.
33. Resolving
Disputes-Mediation
Any and all disputes, controversy or claims arising out of or in connection
with or in relation to any agreement constituted by the acceptance by
us of any order for the sale and purchase of products available from time
to time on our Site by you or the breach thereof, including any question
regarding its existence, validity, performance or termination and any
tort or other common law or statutory claim arising out of or relating
to its negotiation, execution or performance (collectively, the Dispute),
will be first subject to non-binding mediation in an effort to resolve
any such Dispute by participating in a structured negotiation conference
with a mediator under the Commercial Mediation Rules of the British Columbia
International Commercial Arbitration Centre. The mediation will be held
in Vancouver, British Columbia, Canada. You agree with us to use best
efforts to conduct any dispute resolution procedures herein as efficiently
and cost effectively as possible. All aspects of the mediation will be
treated as confidential. The costs of the Mediator will be shared equally
between you and Gift Box Portal Online Inc. The mediation may, at the
option of either you or Gift Box Portal Online Inc., occur by video conference
transmission. The party electing to participate in the mediation by video
conference will be responsible for paying the costs of one Mediator who
must attend and participate in the mediation at the video conference facility
selected by the party engaging such person.
34. Arbitration
If the Dispute cannot be settled within 45 calendar days after the Mediator(s)
has (have) been appointed, or such other period agreed to in writing by
you and Gift Box Portal Online Inc., the Dispute will be referred to and
finally resolved by binding arbitration under the International Commercial
Arbitration Rules of Procedure administered by the British Columbia International
Commercial Arbitration Centre. The place of arbitration will be Vancouver,
British Columbia, Canada. The appointing authority will be the British
Columbia International Commercial Arbitration Centre. The case will be
administered by the British Columbia International Commercial Arbitration
Centre in accordance with its Rules and the determination of such arbitrator
will be final and binding upon the parties hereto. A judgment on the award
of the arbitrator may be entered into any court having jurisdiction over
you and Gift Box Portal Online Inc. and you and Gift Box Portal Online
Inc. agree to and hereby waive any defenses against the enforceability
and execution of any such judgment awarded by the arbitrator as hereby
contemplated. The award will earn interest, without any duplication, from
the date of the award until satisfied in full at the rate of 18% per year
calculated and compounded annually. The arbitrator will have the right
to award actual reasonable legal fees and costs on a solicitor and own
client basis against the party prevailing in any Dispute settled by arbitration.
Judgment on the award of an arbitrator may
be entered by any court having jurisdiction over the person or property
of the person against whom enforcement of the judgment is sought. Any
rule of interpretation, law or regulation that provides that the language
of a contract will be interpreted against the drafter will not apply to
this Agreement.
35. Appointment
of Mediator and Arbitrator
Any mediator or arbitrator will be appointed by agreement between you
and us or, in default of agreement, such mediator or arbitrator will be
appointed by a Judge of the Supreme Court of British Columbia sitting
in the Courts of Vancouver, upon the application of either you or Gift
Box Portal Online Inc.
36. Procedure
In any arbitration proceeding contemplated by these terms and conditions,
you and Gift Box Portal Online Inc. agree that each of us will be entitled
to discovery to the same extent permitted by the Supreme Court of British
Columbia as if the matter were being adjudicated in such Court.
37. Attornment
You waive (a) any right to object to venue or jurisdiction based on inconvenient
forum or for any other reason; and (b) any statutory or other right pursuant
to the laws of the jurisdiction in which you are resident to have a court
case or arbitral hearing relating to any Dispute adjudicated or resolved
in that jurisdiction.
38. Updating
of these Terms
These terms and conditions are applicable to you upon your accessing the
Site and/or completing the registration or shopping process for the purchase
of any of our products. These terms and conditions, or any part of them,
may be modified by us from time to time without notice at any time, for
any reason.
39. Notice
We may deliver notice to you by means of e-mail, a general notice on the
Site, or by other reliable method to the email or street addresses you
have provided to us.
40. Use
of Site
Harassment in any manner or form on the site, including via e-mail, chat,
phone or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Costume Cauldron or other licensed
employee, host, or representative, as well as other members or visitors
on the site is prohibited. You may not upload to, distribute, or otherwise
publish through the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give rise
to liability or violate any law. You may not upload commercial content
on the site or use the site to solicit others to join or become members
of any other commercial online service or other organization. Violations
will result in your account and IP address being banned from using our
website.
41. Participation Disclaimer
Costume Cauldron does not and cannot review all
communications and materials posted to or created by users accessing the
site, and is not in any manner responsible for the content of these communications
and materials. You acknowledge that by providing you with the ability
to view and distribute user-generated content on the site, Costume Cauldron is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any contents
or activities on the site. However, Costume Cauldron reserves the right
to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to Costume Cauldron in its sole discretion.
42. Indemnification
You agree to indemnify, defend, and hold harmless
Costume Cauldron, its officers, directors, employees, agents, licensors
and suppliers (collectively the "Service Providers") from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful conduct)
by you or any other person accessing the site using your Internet account.
43. Third-Party Links
In an attempt to provide increased value to our visitors, Costume Cauldron may link to web sites operated by third parties (the Linked
Sites). The Linked Sites are provided by us to you as a convenience
and the inclusion of such links does not imply any endorsement by Gift
Box Portal Online Inc. of any Linked Site. We have no control over these
Linked Sites, all of which have separate privacy and data collection practices,
and terms of use independent of us. You acknowledge and agree that your
visits to any of the Linked Sites shall be made solely at your own risk.
You acknowledge and agree that we are not responsible for the contents
of any Linked Site, any link contained in a Linked Site, or any changes
or updates to a Linked Site. You further acknowledge and agree that we
are not responsible for any form of transmission received from any Linked
Site. If you have any feedback relating to Site, or any of the Linked
Sites you feel we should know about, please contact us with your (including
if a specific link does not work).
44. Updated
Terms
Your access and use of our Site will always be subject to the most current
version of these Terms and Conditions. Please regularly check this Terms
and Conditions link on the home page of our Site to view the then-current
version of same. If we post amended terms on the Site, such terms will
automatically become effective, and shall apply immediately upon being
posted on the Site. By using the Site after such revised terms are posted,
you agree to be bound by any such revised terms at the effective time.
45. Admissibility
A printed version of these Terms and Conditions and of any notice given
to you in electronic form will be admissible in judicial or arbitral proceedings
based upon or relating to any Dispute or otherwise involving these Terms
and Conditions to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained
in printed form.
