ORDERING TERMS OF AGREEMENT
Welcome to ChristmasTopia.com. Team Santa Inc. and its affiliates provide their services to you subject to the following conditions. If you visit or shop at ChristmasTopia.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Team Santa 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
Team Santa 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 Team Santa 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 Team Santa 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 ChristmasTopia.com and our affiliates without expressed written consent. You may not use any meta tags or any other "hidden text" utilizing ChristmasTopia.com's name or trademarks without the expressed written consent of Team Santa Inc. Any unauthorized use terminates the permission or license granted by Team Santa Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ChristmasTopia.com so long as the link does not portray ChristmasTopia.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ChristmasTopia.com logo or other proprietary graphic or trademark as part of the link without expressed written permission.
ChristmasTopia.com sells products to adults, who can purchase with a credit card. If you are under 18, you may use ChristmasTopia.com only with involvement of a parent or guardian. Team Santa Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
The merchandise sold on this website is provided "as is", "where is", without any guarantees or warranty, and without UCC Warranty of any kind whatsoever.
In association with the product, Team Santa Inc., makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of non-infringement of third party rights. Use of the product by a user is at the user’s risk. The buyer has no right of return for any circumstances of any kind. All sales are final.
SALE OF MERCHANDISE
Due to product availability, partial orders may be shipped. Occasionally, substitutions may be necessary due to changes in item numbers, stock levels etc. 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. Sorry, there are no rain checks or backorders issued on sale merchandise.
All layaways require a minimum deposit of 10% and must be paid in full by November 20th or your deposit will be forfeited.
Discounts, promotions and free shipping do not apply to Custom Made products. Custom Made products are absolutely not returnable.
Product prices may change at any time with or without notice. Offers only good while supplies last. No rainchecks on sale merchandise. No refunds or exchanges on sale items.
Once orders have entered the processing phase it may not be possible to cancel. However, if an order is cancelled, it may be assessed an order cancellation fee, include a 25% restocking fee and will be treated as a "Return" with all other applicable fees.
Refunds due to canceled orders can take up to 4 weeks to be processed.
Orders which are refused at delivery will be treated as a "Return", may include a cancellation fee, are subject to a 25% re-stocking fee and any other applicable fees.
All items purchased from ChristmasTopia.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.
Any and all shipping promotions conducted on our website(s) include only the 48 continental states. Alaska, Hawaii and international orders are not eligible for any of the shipping promotions taking place on our network of websites.
Orders are processed within 24 hours, Monday through Friday. Most items will ship within 24-48 hours. Occasionally some items require special packaging, or are made to order, and could sometimes take 48-72 hours to ship.
Priority shipping orders received after Noon EST will ship the following business day. Therefore shipping time for priority shipping such as, Next Day, Second Day or Three Day are counted from the actual date an item is ready to be shipped and picked up by the carrier.
Team Santa Inc. is not responsible for freight charges related to orders returned to sender. In the case where Team Santa Inc. re-ships the customers order, the customer agrees to pay all subsequent freight charges related to re-shipping of the order.
Team Santa Inc. is not responsible for the order while it's in transit and is unable to affect the order while it is in the possession of the shipper.
Team Santa Inc. Is not responsible for "arrival dates". Once the parcel leaves our facility there is nothing we can do until the order is delivered to the customer's location or instead the order is returned to sender. Customer agrees to hold harmless Team Santa Inc. in all of those situations.
Free Shipping promotion only applies to Standard Ground Parcel Service. Oversized, and Custom made products are not eligible for free shipping.
Shipping/Handling is only charged on items actually shipped, and are not refundable.
In the event it has been determined that a parcel has been lost or stolen after the point of delivery, the consumer will be responsible for the replacement of the order and/or the funds associated therein.
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.
Returns are accepted within a 14-day period starting from the date that you receive your order.
Because we ship from multiple distribution centers, the procedure related to how to conduct the return is not always the same. Some of our suppliers require us to provide an RMA (return merchandise authorization) before the product can be returned by our customer. Some suppliers are less stringent and do not require paper work. We make the determination for each product or order return on a case by case basis.
All you need to do is contact email@example.com to make arrangements for a return. Please include your order number when requesting to return a product/order. If you do not have the order number then kindly include your last name instead. You MUST contact firstname.lastname@example.org to make arrangements for your return before you actually conduct the return. This will ensure that a proper refund will be processed to your debit/credit card. Failure to get authorization from email@example.com when returning an order may result in a delay regarding the processing of your refund.
All returned orders must be sent in a prepaid, insured and traceable method. Retain the tracking number in order to provide proof of delivery. Sending back an order without getting a tracking number may delay the processing of your refund.
Refunds can take up to 4 weeks to be processed.
Merchandise purchased before Christmas cannot be returned after Christmas for refund, credit or exchange.
Merchandise purchased before Halloween cannot be returned after Halloween for refund, credit or exchange.
Custom made merchandise is not returnable at any time and is not eligible for refunds, credit, or exchange.
Our suppliers take the time to carefully package your order so it arrives in good shape. If you have to return something, we ask that you extend the same courtesy. If a product is broken when returned, it can affect the amount of your refund. All returns are subject to a 25% re-stocking fee and shipping/return shipping fees are not refunded. Orders are only good while supplies last. All sales final.
If you have any questions about returning an order that were not addressed above then please feel free to contact firstname.lastname@example.org anytime or review our Terms.
In the event of a damaged parcel, you must contact us within a 3-day period of the receipt of product. 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 Inc. 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 contact Team Santa Inc. and we will be happy to look it up for you.
When you visit ChristmasTopia.com or send e-mails to us, you are communicating with us electronically. Email messages are the property of Team Santa Inc. and the content whole or in part may be used in promotional efforts. 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.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and programming, is the property of Team Santa Inc. and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ChristmasTopia.com and protected by U.S. and international copyright laws. All software used on this site is the property of Team Santa Inc. and protected by United States and international copyright laws.
ChristmasTopia.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 Team Santa 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 ChristmasTopia.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. Team Santa 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, Team Santa Inc. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Team Santa Inc. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ChristmasTopia.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Team Santa 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.
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 Team Santa 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies govern your visit to ChristmasTopia.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.
Thank you for shopping ChristmasTopia.com.