Attention: please read these terms of use ("terms") carefully before using this web site ("site"). Using or accessing this site indicates that you accept these terms. If you do not accept these terms, do not use or access this site.

 

Summary

 

This website is operated by Blow to Paris, a company of Twentieth Capital Group LLC. Throughout the site, the terms “we”, “us” and “our” refer to Blow to Paris. Blow to Paris offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“terms of service”, “terms”), as the same may be amended from time to time, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

 

Use of site and materials

 

Blow to Paris, a company of Twentieth Capital Group LLC authorize you to view, download e-mail and print the content, information, and creative materials at this site ("materials") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the materials or copies of the materials. You may not modify the materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose. Any use of the materials on any other site or networked computer environment for any purpose is prohibited without the written consent of Blow to Paris. If you breach any of the terms, your authorization to use this site and the materials automatically terminates and you must immediately destroy any downloaded or printed materials. You acknowledge and agree that Blow to Paris does not guarantee that anything on this site will be free of infection, viruses or other harmful or disruptive components. You agree not to do anything that interferes with the operation of this site.

 

Acceptance of terms and conditions

 

Use of this website is conditioned upon your acceptance of the terms and conditions contained herein, as the same may be amended from time to time. All users of this website hereby understand and agree that their use of such website constitutes acceptance of the terms and conditions set forth in this legal notice. Blow to Paris reserves the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this website.

 

By agreeing to these terms of service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any minors in your care to use this site.

 

Products, content and specifications.

 

All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. All product descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

 

Intellectual property - copyright, trademark and disclaimer notices

 

The contents of the site, including the materials and any text, design, graphics, names, logos, trade dress, audio clips, video, photographs, software, interfaces or code (the "content") and the selection and arrangements of the content is the property of Blow to Paris, and is protected by state, federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Blow to Paris. Such trademarks and content may not be used except as provided in these terms or in the text of the site. No portion of the content may be reprinted, republished, modified, transferred or distributed in any form without the express written permission of Blow to Paris. You may not reproduce, reverse engineer, decompile, modify, transmit, sell, distribute, license or create derivative works of the content. Any unauthorized use of the content is strictly prohibited and may violate applicable laws, including copyright law, trademark law, the laws of privacy and publicity, and communication regulations and statutes.

 

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, copyright or other intellectual property right of Blow to Paris.

 

"Blow to Paris," "Voila! Same time. Same place", “blowlish” and the brush & nail polish logo are all registered trademarks of Blow to Paris, a company of Twentieth Capital Group LLC.

 

Prohibited use

 

Any use of this website for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this site, you agree that any and all information transmitted to or with the use of this site cannot and shall not be deemed confidential or proprietary. We reserve the right to monitor transmissions and investigate any alleged prohibited use of this website and to disclose any and all information relating to such prohibited use. Blow to Paris, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this website. Any violation of this or any other section contained herein may result in termination of service and or any other action we determine to be appropriate under the circumstances.

 

Use of this website

 

The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, Blow to Paris and are protected by copyright, trademark and other laws and may not be used except as permitted in these terms and conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

 

User submissions

 

Any material, personal information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary ("communications"). Blow to Paris will have no obligations with respect to the communications. Blow to Paris, and its designees, will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sound, text and other things embodied therein for any and all commercial or non-commercial purposes. Nothing restricts Blow to Paris from independently developing any idea, however similar to any communications. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any material that would infringe the copyright or other intellectual property rights of another party if used without that party's permission, or that includes software that contains a virus, defect or other harmful or other disruptive component. By transmitting any communication to this site, including but not limited to e-mail, web-based form submission, file uploads (including resumes) and communications posted to chat rooms, bulletin boards or other user forums, you waive all right, title and interest, including all moral rights, or other similar rights, world-wide in those communications and agree not to assert any claim of ownership in such communications. Blow to Paris will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

 

Modifications

 

This website may contain typographical errors or technical inaccuracies. Blow to Paris reserves the right to modify the content of this website at any time without prior notice, including prices for our products (including corrections to erroneous pricing discovered after an order is placed). We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.

 

Blow to Paris failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision.

 

Trademarks

 

This website contains trademarks, trade names, service marks, copyrights, and/or logos belonging to Blow to Paris and Twentieth Capital Group LLC. Such marks remain the property of Blow to Paris, you recognize and acknowledge the ownership of these marks and understand that you do not acquire, through use of this website, any right, title, or interest in the marks. You agree not to change, modify, and/or exploit the marks, nor participate in any activity, which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.

 

Third-party relationships

 

This website may contain links to other sites. These links are provided merely to assist the user. These sites are independent of Blow to Paris site, and we do not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect beliefs held by Blow to Paris. The inclusion of a link does not mean that we accept or endorse any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site. Blow to Paris, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.

 

Severability

 

If one or more of the provisions contained in these terms and conditions are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms and conditions and the balance of these terms and conditions shall be enforceable.

 

Accuracy of information.

 

We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation that any information contained on the website is complete, accurate or current. For example, products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

 

Terms of purchase

 

Certain products or services may be available exclusively online through the website. All products or services may have limited quantities and are subject to return or exchange only according to our refund/returns policy.

 

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to refuse any order placed with us and, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise these rights on a case-by-case basis.

 

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

In order to place an order on this website or schedule an appointment, you must: (i) be 16 years of age or older, and (ii) be a consumer, not a reseller.

 

Disclaimer; no warranties

​

You assume total responsibility and risk when you use our site and the internet. The site and the content and services made available on the site are provided on an "as is" and "as available" basis. Blow to Paris does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, the materials, any services provided through the site or on the internet. Blow to Paris may make changes to the materials or to the products or services described at any time without notice. We expressly disclaim any and all implied warranties. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

Limitation of liability

 

In no event will Blow to Paris and its suppliers, affiliates, subsidiaries, agents, employees, officers, directors, or other third parties be liable for any damages whatsoever including, direct, indirect, special, exemplary, consequential, multiple, punitive or other damages whatsoever, (including, without limitation, liability for loss of use, data, revenue or profits, or business interruption) arising out of the use, inability to use, or the results of use of this site, any sites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory, whether for negligence or gross negligence, whether or not reasonably foreseeable and whether or not advised of the possibility of such damages. If your use of the materials or information from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Warranties & limitation of liability

 

Blow to Paris disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In no event shall Blow to Paris be liable for any special, indirect, incidental, punitive, consequential, or exemplary damages relating to or arising from this website whether or not either party had or should have had any knowledge, actual or constructive, that such damages might be incurred.

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time-to-time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

Force majeure

 

Notwithstanding any other provision set forth in these terms and conditions, Blow to Paris shall not be liable for any failure or delay in its performance due to any cause beyond our reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of god, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Blow to Paris shall attempt to correct promptly such failure or delay in performance to the extent practicable and consistent with then applicable law and regulatory requirements.

 

Indemnification

 

You agree to indemnify, defend and hold harmless Blow to Paris from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties arising out of or resulting from your use of the site (including the costs, expenses and attorneys fees on account thereof) whether based in contract or tort (including strict liability) or otherwise and regardless of the form of action.

 

Transactions.

 

If you wish to purchase any product or service made available through the website (each purchase, a “transaction”), you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Blow to Paris the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

 

We reserve the right to refuse any order you place with us or any appointment scheduled with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, or appointments scheduled with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order or appointment, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made or the appointment scheduled. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to pay all charges that may be incurred by you or on your behalf through the website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges and cancellation charges for appointments cancelled outside of the cancellation window. You remain responsible for any taxes that may be applicable to your transactions.

 

Trademarks.

 

Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without our written permission or the written permission of such third party owner.

 

Linking to this website.

 

Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations.

 

If you would like to link to Blow to Paris web site ("site"). , please read and comply with the following guidelines:

 

A site that links to Blow to Paris site:

1. May link to, but not replicate, copy, display, distribute or communicate to the public, or otherwise use Blow to Paris content.

2. Should not create a browser or border environment around Blow to Paris content.

3. Should not imply that Blow to Paris is endorsing it or its products and services.

4. Should not misrepresent its relationship with Blow to Paris.

5. Should not present false information about Blow to Paris products or services.

6. Should not use the Blow to Paris logo or any other trademark, name or logo of Blow to Paris (the "trademarks") without permission from Blow to Paris. Any use of trademarks is subject to the terms and conditions set out by Blow to Paris.

7. Blow to Paris retains the right to require the linking party to terminate the link at its sole discretion.

8. Should not contain content that could be construed as distasteful, offensive, controversial, or unlawful and should contain only content that is appropriate for all age groups.

 

Third party links.

 

From time to time, this website may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

 

User information.

 

Other than personally identifiable information, which is subject to this website’s privacy policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this website in any manner (“user communications”) is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all user communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any user communications. We shall have no obligation to use, return, review, or respond to any user communications. We will have no liability related to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all user communications that includes any material we deem inappropriate or unacceptable.

 

Gift Cards

​

Gift cards are redeemable at Blow to Paris retail locations only. Gift cards cannot be transferred, exchanged or resold and cannot be redeemed for cash (except where required by law). Gift cards may not be used towards the purchase of a membership. Gift cards have no expiration date and no fees. Gift cards are nonrefundable and cannot be replaced if lost or stolen.

 

Disclaimers of warranties.

 

Your use of this website (including purchase of products on or through this website) is at your risk. We make no warranties, either express or implied, with regard to the website or any transaction that may be conducted on or through the website, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or any implied warranties arising from course of dealing or usage of trade. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

​

Jurisdictional issues.

 

This website is controlled and operated by Blow to Paris from the united states, and is not intended to subject Blow to Paris to the laws or jurisdiction of any state, country or territory other than that of the united states. Blow to Paris does not represent or warrant that the site or any part thereof is appropriate or available for use in any particular jurisdiction other than the united states. In choosing to access the website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

Revisions to these terms and conditions.

 

We may revise these terms and conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this website.

 

Arbitration.

 

By using this website in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Blow to Paris and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “company entities”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by jams and conducted before a sole arbitrator in accordance with the rules of jams; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the federal arbitration act (“FAA”), 9 u.s.c. §§ 1-16; (3) the arbitration shall be held in Palm Beach county, Florida; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this website and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable company entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any company entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Blow to Paris entity exceeds $125 USD, and you are unable (or not required under the rules of jams) to pay any fees and deposits that exceed this amount, Blow to Paris agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of jams, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the company shall be entitled to arbitrate their dispute. For more information on jams and/or the rules of jams, visit their website at http://www.jamsadr.com.

 

Termination.

 

You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.

 

Acceptable and lawful use of site

 

You agree to comply with all applicable laws regarding use of the site. Any information you provide to Blow to Paris in connection with the site must comply with the following conditions and shall not create any liability for Blow to Paris or cause Blow to Paris to lose (in whole or in part) the services of its internet service providers or other suppliers or vendors:

 

Content objectionable or offensive to third parties.

 

You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, violative of others' privacy rights, or otherwise objectionable.

 

Unlawful content.

 

You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.

 

Infringing content.

 

You may not upload, download, post, distribute, edit, modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, or videos. By posting any content through this site, you represent that you have legal rights to use, distribute, and publish such content.

 

Removal of objectionable content.

 

While we do not monitor your use of our site, we reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit on our site that violates these terms or is otherwise deemed objectionable by us in our sole discretion.

 

Entire agreement, updates and modifications.

 

These terms and any referenced documents constitute the entire agreement between Blow to Paris and you pertaining to your use of the site. Blow to Paris may amend these terms or any other referenced documents at any time by posting the amended documents on the site. Any amended or modified terms will be effective upon posting. Continued use of the site means that you have accepted any modified terms of service. If you have any questions about these terms, contact us at corporate@blowtoparis.com

 

Applicable laws

 

This site is administered by Blow to Paris from its offices in Boca Raton, Florida. Blow to Paris makes no representation that materials at this site are appropriate or available for use and access to them from territories where their content is illegal is prohibited. You may not use or export or re-export the materials at this site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, Canadian and U.S. Export laws and regulations. If you choose to access this site, you do so on your own initiative and are responsible for compliance with applicable local laws. All matters relating to access to, or use of, this site shall be governed by the laws of the commonwealth of Florida and the united states. Any legal action or proceeding relating to access to, or use of, this site or the information it contains shall be subject to the exclusive jurisdiction of the state and federal courts for Florida. Blow to Paris and you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

 

General

 

Blow to Paris uses reasonable efforts to ensure the accuracy, correctness and reliability of the materials, but we make no representation or warranties as the accuracy, correctness or reliability of the materials.

 

Entire agreement

 

These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.