Acceptance of the Terms of Use  

    These terms of use are entered into by and between You and Thecherrycloset (”Company”, ”we” or ”us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these ”Terms of Use”), govern your access to and use of www.thecherrycloset.com, including any content, functionality and services offered on or through www.thecherrycloset.com (the ”Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.thecherrycloset.com, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use  

    We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.  The date of last modification is indicated under the title of these Terms of Use. 

Electronic Communications

   When you interact with the Website or us, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property

    All content included in or made available through any Thecherrycloset, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Thecherrycloset or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through Thecherrycloset is the exclusive property of Thecherrycloset and protected by U.S. and international copyright laws.

    In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through Thecherrycloset are trademarks or trade dress of Thecherrycloset in the U.S. and other countries. Thecherrycloset’s trademarks and trade dress may not be used in connection with any product or service that is not Thecherrycloset’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Thecherrycloset. All other trademarks not owned by Thecherrycloset that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Thecherrycloset.

License and Access

    Subject to your compliance with these Terms of Use, and your payment of any applicable fees, Thecherrycloset or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website. This license does not include any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Thecherrycloset or its licensors, suppliers, publishers, rightsholders, or other content providers. The Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Thecherrycloset. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Magnolia without express written consent. You may not use any meta tags or any other “hidden text” utilizing Thecherrycloset’s name or trademarks without the express written consent of Thecherrycloset. You may not misuse the Website. You may use the Website only as permitted by law. The licenses granted by Thecherrycloset terminate if you do not comply with these Terms of Use or our Privacy Policy.

Your Account

    You may need your own Thecherrycloset account to use certain aspects of the Website, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Thecherrycloset does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with involvement of a parent or guardian.  Thecherrycloset reserves the right to refuse service, terminate accounts, terminate your rights to use the Website, remove or edit content, or cancel orders in its sole discretion.

Review, Comments, Communications, and Other Content

    You may post reviews, comments, photos, videos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Thecherrycloset reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

    If you do post content or submit material, and unless we indicate otherwise, you grant Thecherrycloset a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Thecherrycloset and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Thecherrycloset for all claims resulting from content you supply. Thecherrycloset has the right but not the obligation to monitor and edit or remove any activity or content. Thecherrycloset takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

  All purchases of physical items from Thecherrycloset are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds & Title

   Thecherrycloset offers free return and refund please see more from our Return and Refund Policy.

Product Descriptions

Thecherrycloset attempts to be as accurate as possible. However, Thecherrycloset does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by Thecherrycloset itself is not as described, your sole remedy is to return it in unused condition. 

Pricing

   With respect to items sold by Thecherrycloset, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Thecherrycloset is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. 

We generally do not charge your credit card until after your order has entered the shipping process.

Sanctions & Export Policy

    You may not use any the Website if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Website. You must comply with all U.S. or other export and re-export restrictions that may apply to goods and services.

Other Businesses

    Parties other than Thecherrycloset may sell product lines through the Website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). Thecherrycloset does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy policies and other terms of use. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY THECHERRYCLOSET ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THECHERRYCLOSET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, THECHERRYCLOSET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THECHERRYCLOSET DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, THECHERRYCLOSET’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THECHERRYCLOSET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  TO THE FULL EXTENT PERMISSIBLE BY LAW, THECHERRYCLOSET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Geographic Restrictions  

    The owner of the Website is based in the state of Missouri in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 Indemnification  

    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against 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 of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction  

    All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, in each case located in the United States District Court for the District of Missouri or the state courts within the State of Missouri, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration  

    At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Missouri law.

Waiver and Severability  

    No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement  

    The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. 

Contact Us

Address: 18 E. Columbia Farmington, MO 63640
Phone: +1 573-915-8145
Email: [email protected]