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Autumnal Porch LLC Service Terms and Conditions

 

 

By placing an order for a pumpkin display from Autumnal Porch LLC, you ("the Client") agree to the following terms and conditions.

 

 
1. Service Description

 

Autumnal Porch LLC provides the design and delivery of a pre-selected or custom pumpkin display to the Client's specified delivery address. Our services are limited to the delivery and placement of the display on the Client’s front porch or a pre-agreed-upon location. We do not offer installation services that require drilling, permanent fixtures, or significant alterations to the Client's property.

 

 
2. Ordering and Payment

 

  • All orders must be placed and paid for in full through our website.

  • Orders are not considered confirmed until full payment has been received.

  • Prices listed on the website are final and include the cost of design, materials, and delivery within our specified service area.

  • Autumnal Porch LLC reserves the right to cancel any order if payment is not successfully processed.

 

 
3. Delivery

 

  • The Client is responsible for providing a complete and accurate delivery address.

  • Delivery dates and times are estimates. While we strive to meet all delivery schedules, factors like traffic, weather, and unforeseen events may cause delays. Autumnal Porch LLC is not liable for delays outside of our control.

  • The Client must ensure that the delivery area (e.g., front porch) is clear and accessible for our delivery team. We will not be responsible for any delays or issues that arise from an obstructed delivery path.

  • Once the display is placed at the specified location, delivery is considered complete.

 

 
4. Product Care and Durability

 

  • The Client acknowledges that pumpkins are natural, perishable items. Their longevity is subject to a variety of factors, including weather, temperature, sun exposure, and pest activity.

  • Autumnal Porch LLC is not responsible for the natural decay or deterioration of the pumpkins after delivery. We do not offer refunds or replacements for displays that have begun to rot or been damaged by pests.

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5. Assumption of Risk and Waiver of Liability
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The Client acknowledges and agrees that the pumpkin display, once delivered and placed, presents a potential risk, including, but not limited to, the possibility of trips, falls, or other personal injury to the Client, their family, guests, or any other person on the property.

By agreeing to these terms, the Client:

  • Assumes all risks associated with having the pumpkin display on their property.

  • Waivers and releases Autumnal Porch LLC from any and all liability for personal injury, death, or property damage that may arise from or in connection with the pumpkin display after it has been delivered and placed.

  • Agrees to indemnify, defend, and hold harmless Autumnal Porch LLC from any claims, suits, or demands, including reasonable attorneys' fees, made by a third party arising out of or related to personal injury or property damage caused by the pumpkin display.

The Client is responsible for ensuring that the display is maintained in a safe manner and for warning all persons on their property of its presence.

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6. Cancellations and Refunds

 

  • Due to the seasonal and perishable nature of our products, all sales are final.

  • Cancellations may be requested up to 14 days before the scheduled delivery date. A 50% cancellation fee will be applied, and the remaining amount will be refunded.

  • Cancellations requested less than 14 days before delivery are not eligible for a refund.

  • In the event that Autumnal Porch LLC must cancel an order due to unforeseen circumstances, a full refund will be issued.

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7. Limitation of Liability

 

The Client agrees that Autumnal Porch LLC, its employees, and its agents will not be held liable for any damage to the Client’s property that may occur during the delivery and placement of the pumpkin display, unless such damage is caused by the proven negligence or willful misconduct of Autumnal Porch LLC.

 

 
8. Intellectual Property

 

The design of the pumpkin display remains the intellectual property of Autumnal Porch LLC. Any photographs or images of the display may be used by Autumnal Porch LLC for marketing and promotional purposes, unless the Client has provided a written request to opt-out.

 

 
9. Governing Law

 

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

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