CHRISTMASDEPOT.COM
ORDERING TERMS AND AGREEMENT
Welcome to ChristmasDepot.com. ChristmasDepot.com, Inc. and its affiliates provide
their services to you subject to the following conditions. If you visit or shop at
ChristmasDepot.com, you accept these conditions. Please read them carefully. In
addition, when you use any current or future ChristmasDepot.com, Inc. service or
visit or purchase from any of our affiliates, you also will be subject to the
guidelines and conditions applicable to such service or business.
LICENSE AND SITE ACCESS
ChristmasDepot.com, Inc. grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it, or any
portion of it, except with expressed written consent of ChristmasDepot.com, Inc.
This license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or prices;
any derivative use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools. This site or any portion of
this site may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without expressed written consent of
ChristmasDepot.com, Inc. 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 ChristmasDepot.com and our affiliates without expressed written
consent. You may not use any meta tags or any other "hidden text" utilizing
ChristmasDepot.com's name or trademarks without the expressed written consent of
ChristmasDepot.com, Inc. Any unauthorized use terminates the permission or license
granted by ChristmasDepot.com, Inc. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of ChristmasDepot.com so
long as the link does not portray ChristmasDepot.com, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any ChristmasDepot.com logo or other proprietary graphic or
trademark as part of the link without expressed written permission.
SALES
ChristmasDepot.com sells products to adults, who can purchase with a credit card. If
you are under 18, you may use ChristmasDepot.com only with involvement of a parent
or guardian. ChristmasDepot.com, Inc. and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their sole
discretion.
SALE MERCHANDISE
Due to product availability, partial orders may be shipped on sale merchandise. You
will not be charged for items not shipped.
All sales are final. Sale pricing is available only while supplies last. Due to
availability partial orders may be shipped on sale merchandise. You will not be
charged for items not shipped. Sorry, there are no rain checks or backorders issued
on sale merchandise. No refunds or exchanges on sale items.
SHIPPING POLICY
All items purchased from ChristmasDepot.com 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.
Our standard method of shipping orders within the Continental USA is via ground
service. Premium, Custom & Giant trees, are shipped via common carrier. Please allow
a minimum of 10 business days for delivery of your order.
Shipping/Handling is only charged on items actually shipped.
DELIVERY OUTSIDE THE CONTINENTAL USA
Orders to locations outside the Continental United States including Hawaii, Alaska,
Puerto Rico, Guam, the U.S. Virgin Islands, and American Samoa, are treated as
International orders. Packages sent to military APO/FPO
addresses will be shipped via US Postal Military Mail. We are not responsible for
delay of delivery due to International Customs Regulation, or any duties, tariffs or
international taxes that may be applicable. Please allow 2-3 weeks for delivery on
parcels shipped internationally via air services.
CANCELING OR CHANGING ORDER
You can submit a cancellation request by sending a Message To Team Santa or by
calling our toll free number, 1-877-ELF-LAND. A request to cancel an order must be
made WITHIN 30 MINUTES of placing your order. Cancellations are not permitted past
30 minutes of placing your order.
RETURN POLICY
We want you to be 100% satisfied with your purchase made at ChristmasDepot.Com. If
for any reason you are dissatisfied with your purchase, simply log into our website
and send a Message To Team Santa to submit your request for a return within 14 days
of the order date, and we will gladly issue an exchange or refund your money to the
original form of purchase. You can also call our toll free number, 1-877-ELF-LAND,
as well. ChristmasDepot.com. Inc. and its affiliates attempt to be as accurate as
possible. However, ChristmasDepot.com, Inc. does not warrant that product
descriptions or other content of this site is accurate, complete, reliable, current,
or error-free. If a product offered by ChristmasDepot.com itself is not as
described, your sole remedy is to return it in unused condition. All returned orders
must include the original packaging, and be returned to us freight prepaid and
insured. Since we are not responsible for any lost or damaged packages we recommend
insuring the parcel for the product replacement value, and shipping it via a
traceable method. We do not refund shipping and handling charges. Halloween
merchandise purchased before Halloween cannot be returned after Halloween, whether
for refund, credit, or exchange. Christmas merchandise purchased before Christmas
cannot be returned after Christmas, whether for refund, credit, or exchange. No
refunds or exchanges on coupon purchases, gift certificates, Custom-Made products,
or sale merchandise. Credits and Exchanges are processed within 30 days of receipt
of authorized return merchandise. Please note that you must contact us via our Team
Santa service or telephone before sending any packages back to us for your return to
be valid.
DAMAGED MERCHANDISE
In the event of a damaged parcel, you must contact us within a 3-day period of the
receipt of product via our Team Santa service or toll free number, 1-877-ELF-LAND
(353-5263). Please reference the item(s) in question, quantity, and a
description of the damage and we will then issue the appropriate damage control
procedure. Team Santa takes a great deal of pride in delivering your order in a
carefully packed and timely manner. We sincerely appreciate your patronage. If you
have an inquiry regarding a previous order, please send in a Message To Team Santa
and we will be happy to look it up for you.
ELECTRONIC COMMUNICATIONS
When you visit ChristmasDepot.com or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail. 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, and programming, is the property of ChristmasDepot.com, Inc.
and is protected by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of ChristmasDepot.com and
protected by U.S. and international copyright laws. All software used on this site
is the property of ChristmasDepot.com, Inc. and protected by United States and
international copyright laws.
TRADEMARKS
ChristmasDepot.com as well as page headers, custom graphics, buttons, images and
other content on this Web site, are subject to trademark, service mark, trade dress,
copyright and or other proprietary or intellectual property rights or licenses held
by ChristmasDepot.com, Inc. Other trademarks, product names and company names or
logos used on this Web site are the property of their respective owners. Except as
expressly authorized, the use or misuse of any trademarks, trade names, logos,
images, graphics or content from this Web site is strictly prohibited.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ChristmasDepot.com ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ChristmasDepot.com, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
ChristmasDepot.com, Inc. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. ChristmasDepot.com, Inc. DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM ChristmasDepot.com ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ChristmasDepot.com, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By transacting any business on this website, you agree that the laws of the State of
New Jersey, without regard to principles of conflict of laws, will govern any
transactions and any disputes of any sort that might arise between you and
ChristmasDepot.com, Inc., or its affiliates. Further, the parties acknowledge and
agree to be bound by the jurisdiction of the courts of the State of New Jersey. The
parties agree that all disputes arising under this Contract for the purchase of any
product or service shall be litigated exclusively in the Superior Court of New
Jersey.
DISPUTES
Any dispute relating in any way to your visit to ChristmasDepot.com or to products
you purchase through ChristmasDepot.com shall be submitted to confidential
arbitration in Bayonne, New Jersey, except that, to the extent you have in any
manner violated or threatened to violate ChristmasDepot.com, Inc.'s intellectual
property rights, ChristmasDepot.com, Inc. may seek injunctive or other appropriate
relief in any state or federal court in the state of New Jersey, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies govern your
visit to ChristmasDepot.com. We reserve the right to make changes to our site,
policies, and these Conditions of Use at any time. If any of these conditions shall
be deemed invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability of any
remaining condition.
OUR ADDRESS
ChristmasDepot.com, Inc.
3737 Grader Street, #110
Garland, TX 75041
Thank you for shopping the ChristmasDepot.Com.