Terms

ORDERING TERMS OF AGREEMENT

Welcome to ChristmasTopia.com. ChristmasTopia.com, 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 ChristmasTopia.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

ChristmasTopia.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 ChristmasTopia.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 ChristmasTopia.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 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 ChristmasTopia.com, Inc. Any unauthorized use terminates the permission or license granted by ChristmasTopia.com, 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.

SALES

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. ChristmasTopia.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 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.

Shipping/Handling is only charged on items actually shipped.

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.

RETURN POLICY

We want you to be 100% satisfied with your purchase made at ChristmasTopia.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. ChristmasTopia.com. Inc. and its affiliates attempt to be as accurate as possible. However, ChristmasTopia.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 ChristmasTopia.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. 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 call Team Santa and we will be happy to look it up for you.

ELECTRONIC COMMUNICATIONS

When you visit ChristmasTopia.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 ChristmasTopia.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 ChristmasTopia.com and protected by U.S. and international copyright laws. All software used on this site is the property of ChristmasTopia.com, Inc. and protected by United States and international copyright laws.

TRADEMARKS

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 ChristmasTopia.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 ChristmasTopia.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. ChristmasTopia.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, ChristmasTopia.com, Inc. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ChristmasTopia.com, Inc. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ChristmasTopia.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ChristmasTopia.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 ChristmasTopia.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 ChristmasTopia.com or to products you purchase through ChristmasTopia.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 ChristmasTopia.com, Inc.'s intellectual property rights, ChristmasTopia.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 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.

OUR MAILING ADDRESS

This address is not to be used for return parcels.

ChristmasTopia.com, Inc.
PO Box 64
Mount Arlington, NJ  07856



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