Introduction
Welcome to our Holiday Time® Christmas Tree, Lights, Nutcracker online store!
These Terms and Conditions (“Terms”) govern your access to and use of our website (the “Site”) and our online store services (the “Services”), so please carefully read them before using our Site or Services.
By accessing or using our Site or Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms, do not access or use our Site or Services.
If you have any questions about these Terms, please contact us at [email protected].
Use of Site and Services
The Site and Services are intended for customers to browse and purchase our Holiday Time® brand Christmas trees, lights, nutcrackers, and other holiday decorations and accessories. You must be at least 18 years old or have parental consent to access our Site or use our Services.
The Site and Services are for your personal, noncommercial use only. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and Services for their intended purposes subject to these Terms. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, frame, create derivative works from, transfer, or sell any information or content obtained from the Site or Services unless expressly authorized by us in writing.
Ordering Products
You can browse and purchase any products displayed on the Site or through the Services (the “Products”). The images, descriptions, and prices of Products on the Site are for display purposes only and do not constitute an offer to sell.
To purchase Products, simply add them to your cart, check out by providing your payment and shipping information, and complete the checkout process. All prices are in U.S. dollars. Applicable taxes and shipping costs will be added at checkout. You agree to pay the total amount due, including taxes, shipping costs, and any other charges, fees, and penalties associated with your order.
We may restrict order quantities of specific Products to normal retail purchase amounts. Despite our best efforts, pricing, availability, and descriptions of Products on the Site are subject to possible errors and may change at any time without notice. We reserve the right to limit quantities, impose additional requirements for purchases, or cancel any orders in our sole discretion.
Payment Methods
We accept Visa, MasterCard, American Express, and Discover credit and debit cards. You represent and warrant that any payment information you provide is accurate and you are authorized to use the payment method submitted.
We use third-party payment processors to process payments. If your payment cannot be processed or is later reversed, we may cancel your order and you will remain responsible for any amounts owed, including fees arising from the payment failure or reversal.
Sales Tax
If you purchase Products on the Site or through the Services, you will be responsible for paying any applicable sales tax based on the location to which the Products are being directly shipped.
Shipping and Delivery
We will arrange for shipment of any Products you purchase to you at the shipping address you provide during checkout. Please make sure your shipping address is complete and accurate to avoid any delays. We are not responsible for delays caused by the provision of incomplete or inaccurate shipping information.
Shipping and delivery dates are estimates only and are not guaranteed. We will inform you of estimated shipping and delivery timeframes and details during checkout and in the order confirmation email based on your shipping location.
We will make reasonable efforts to deliver your order according to the estimates provided, but we are not liable for any delays in shipping or failure to deliver by these estimated dates due to reasons outside of our control.
Returns and Refunds
If you are not completely satisfied with the Products you ordered, you may return them for a full refund within 30 days of the original purchase date, minus any shipping costs. Items must be returned in new, unused condition with the original tags and packaging to be eligible for a refund. Please carefully repack items to avoid damage during return shipping.
To request a return and refund, please email us at [email protected]. We will provide instructions on how and where to return the Products. Refunds will be issued once the returned Products are received and inspected. Any returns received after the 30-day period will not be eligible for a refund.
**Content Ownership and Limited License **
The Site and Services contain content owned or licensed by our company. This proprietary content includes, without limitation, the design, layout, appearance, graphics and imagery of the Site and Services. You may not modify, publish, transmit, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit any of our proprietary content, in whole or in part, found on the Site or in connection with our Services.
We grant you a limited, revocable, non-sublicensable, non-transferable license to access and use the Site, Services and related content for your personal use only, subject to these Terms. This license does not include any right to: (a) frame or utilize any framing techniques to enclose any of our trademarks, logos, or other proprietary information; (b) use any meta-tags or any other “hidden text” utilizing our name or trademarks; or (c) use our trademarks in any way that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
Any unauthorized use of the Site or Services immediately terminates the limited license granted hereunder.
Copyright and Trademark Notice
Unless otherwise indicated, all materials on this Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Holiday Time® and/or its affiliates. All product and company names are trademarksTM or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
Links to Third Party Sites
The Site and Services may contain links to websites operated by third parties. These links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party or the content on the third-party site. Your access and use of such linked sites is at your own risk. We are not responsible or liable for the availability, accuracy, or authenticity of the content on third party sites.
Indemnification
You agree to indemnify and hold Holiday Time® and its officers, directors, shareholders, predecessors, successors in interest, affiliates, agents, representatives, and employees harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), arising out of or related to your breach of these Terms or your use of the Site or Services.
Disclaimers
Your access and use of the Site and Services is at your own risk. The Site and Services are provided on an “as is” and “as available” basis without warranties of any kind, expressed, implied or statutory, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Without limiting the foregoing, we do not warrant that the Site or Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, operate without errors, or will contain any particular features or functionality. We disclaim any liability for loss or damage arising out of the use or inability to access and use the Site or Services including any loss of content, data, business or profits, regardless of the cause of action.
Limitation of Liability
In no event will Holiday Time®, its affiliates, agents, directors, employees, representatives, successors, or assigns be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with your access or use of (or inability to access or use) the Site, Services, or any linked sites and third party content. This limitation applies regardless of whether the damages arise from contract, negligence, strict liability or other tortious action.
Under no circumstances will Holiday Time® be liable for any loss or damage caused by your reliance on content obtained through the Site, Services or any linked site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so portions of the above limitations may not apply to you.
Modifications to Site and Services
We reserve the right to modify or discontinue all or part of the Site or Services with or without notice to you. We will not be liable for any modification, suspension or discontinuance of all or part of the Site or Services. We cannot ensure that any content on the Site or Services will be available at all times.
Termination
These Terms will continue as a binding contract until terminated by either you or Holiday Time®. You may terminate these Terms at any time by ceasing all use of the Site, Services and related content.
We reserve the right to block, restrict or disable your access to the Site, Services or related content at any time in our sole discretion, without notice or liability. Reasons we may terminate your access include failure to comply with these Terms, extended periods of inactivity, engagement in any unlawful conduct through use of the Services, and unexpected technical issues or problems, among others determined at our discretion.
The following sections will survive termination or expiration of these Terms: Content Ownership and Limited License, Disclaimers, Indemnification, Limitation of Liability, Copyright and Trademark Notice, and any other provisions which by their terms or intended operation should survive.
Arbitration, Class Action Waiver, and Jury Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO YOUR ACCESS OR USE OF THE SITE OR SERVICES WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS (YOU ARE WAIVING YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION).
The exclusive jurisdiction and venue of any dispute or claim will be determined by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. You and we both waive our rights to have any dispute heard before a judge or jury. You and we are instead choosing to have all disputes resolved through arbitration.
You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration. If a court or arbitrator determines in an action between you and us that any part of this arbitration agreement is invalid or unenforceable, the remaining portions of this arbitration agreement shall still apply.
Governing Law
These Terms and your access to and use of the Site and Services will be governed by the laws of the State of Delaware, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
Additional Terms
Additional terms and conditions may apply to use of certain features and functionality of the Site or Services. These additional terms will be posted on the relevant area of the Site or Services and incorporated by reference into these Terms. Your access or use of those portions of the Site or Services constitutes your agreement to the additional posted terms.
Entire Agreement
These Terms constitute the entire agreement between you and Holiday Time® relating to your access to and use of the Site and Services. These Terms supersede any prior or contemporaneous agreements or representations existing between you and Holiday Time®.
No Waiver
The failure or delay by Holiday Time® to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. No waiver on the part of Holiday Time® shall be valid unless in writing and signed by an authorized representative.
Severability
If any provision of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed severable and all other provisions of these Terms will remain in effect.
Assignment
You may not assign or transfer these Terms, or any rights or obligations under these Terms, without Holiday Time®’s prior written consent. We may freely assign these Terms.
Contact Us
If you have any questions about these Terms of Use or the Site or Services, please contact us at [email protected].
Last Updated
These Terms of Use were last updated on December 15, 2022.
