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Terms & Conditions

TERMS AND CONDITIONS
Governing the Use of Ornament Trees.com, Products and/or Services


1) ORDER PROCESSING: We ask all customers to allow 1-3 business days for processing an order before we ship and are 5-7 business days in transit to you. Some special orders and orders of 6 trees or more may take up to 3 weeks to ship because we order them from the supplier especially for you. If you need an order expedited, please select the applicable expedited shipping method and include the date you need it by in the Comments area of our shopping cart. If we cannot meet your "need by" date, we will notify you. If you pre-order and do not specify a delivery date, we will ship when available. We will email you a confirmation of your order shortly after the order is placed.   

2) INVENTORY: The inventory shown on the website does not necessarily reflect current items in stock. In the event that your order contains an item that is out of stock, unless the out of stock condition is noted on the product description page or elsewhere on the website, we will notify you as soon as we are aware of the back ordered condition and give you the option of allowing us to ship when available, exchange the item for another product of comparable value or cancel the order. If we do not hear back from you, the order may be cancelled at our option.

3) SPECIAL ORDER DUE DATE: We recognize that many of our customers order for a special event and request that you enter the "need by" date in the Comments area of your order form. If you notify us of a due date for your order and we do not ship in time, we will either expedite at our expense (if the order can be processed by the warehouse in time), cancel the order and issue a full refund or issue a full refund after the merchandise is returned. We are not responsible for any claims arising from an unshipped order or missed delivery date if we (1) are not notified of a due date, (2) sent you correspondence regarding your order to which there was no reply or (3) are not notified of a due date and ship within the 1-3 day order processing and 5-7 day delivery time frame specified on our website. Please review our customer service page, terms/conditions and warranty,   return/exchange/refund policy pages before placing an order.

4) REAL TIME ORDER PROCESSING: All order payments are processed in "real" time which means your credit/debit card or checking account (e-checks only) is credited/debited at the end of the transaction. Please  go here for a detailed explanation.

5) CLEARANCE: ALL Ornament Trees.com CLEARANCE SALES ARE FINAL. No returns.

6) CANCELLATIONS: A special order MUST BE CANCELLED IN WRITING e-mail, fax. No cancellation should be made by leaving a voice mail message. All other orders are sent automatically to the shipping center, immediately processed for shipment and cannot be cancelled. In the event that you no longer want the item, just refuse it when it arrives. When it is received back at our distribution center, we will deduct the shipping and return processing charges then, issue a refund for the remaining balance.

7) ERRORS: Due to the volume of orders that we process, an occasional error may occur in processing, shipping or handling the return of your order. We deeply regret this and will do what we can reasonably do to rectify the error.  In the event the error can not be rectified, we will cancel the order and issue a refund. Under no circumstances will our liability exceed the cost of the item and shipping collected. We do try to make sure that all prices on our Web site are accurate. However, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you or attempt to contact you with no reply, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. If we are discover that an item is out of stock after our order is placed and are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. If you notify us of a due date we will endeavour to see that the order is delivered in a timely manner. If you do not notify us of a due date we are not liable for missed delivery dates.

8) SHIPPING ERRORS: Shipment will be made to the delivery address that you specify when you place your order. We are not responsible for late or missed deliveries if the address on the original order was not entered correctly during the ordering process.

9) DISCLAIMER:   Except as expressly set forth in this section, company specifically disclaims all representations, warranties, and conditions whether express or implied, arising by statute, operation of law, usage of trade, course of dealing, or otherwise, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, or title with respect to the site or services, or other services or goods provided through this site. For the avoidance of doubt, you agree that company does not represent or warrant that the services, products or site will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error-free.

10) LIMITATION OF LIABILITY: Ornament Trees.com expressly disclaims any liability or loss arising from or related to the site or the services (however arising, including negligence), including without limitation, liability or loss associated with unauthorized access to any server, websites, facilities, or your customer data (including credit card numbers and other personally identifiable information) due to accident, illegal or fraudulent means, including hacking, or devices used by any third party, or other causes beyond Ornament Trees.com's reasonable control. You expressly agree that Ornament Trees.com shall not be liable for any loss arising from infiltration of the services, the Ornament Trees.com system or website by means of software viruses, trojan horses, worms, time bombs, or any other software programs, or technology designed or intended to disrupt, damage, intercept or expropriate the Ornament Trees.com services or any system, program, data or personal information or limit the functioning of the site, services or any software, hardware, or equipment or to damage or obtain unauthorized access to any data or any information of any third party.

11) EXCLUSION: As a condition of use of the site and services, you agree that neither company, nor any officer, affiliate, director, shareholder, agent, contractor or employee of company will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of use, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the site, services, products, third party services or service agreements, however arising, including without limitation, the inability to use the services or product, for cost of procurement of substitute goods and services or resulting from any products, services provided or obtained or transactions entered into through the site, including but not limited to, damages for loss of profits, use, other tangible or intangible property, even if company has been advised of the possibility of such damages. The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of company and its affiliates, parents, subsidiaries, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.

12) OTHER LIMITATIONS: except as otherwise limited, our liability and the liability of our parent, subsidiaries, officers, directors, employees and agents to you or any third parties in any circumstances shall be limited to the lesser of (a) the amount of your order and any other sum paid in the 30 days prior to the action giving rise to liability or  the total value of the item in question.

13) INDEMNIFICATION: You agree to indemnify, defend and hold harmless company, its parents, subsidiaries, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, arising from or out of: (a) your use of the site and/or services; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the terms or privacy policy; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your use of any product or service purchased from the site.

14) OTHER DISCLAIMERS: (a) PRODUCT DESCRIPTIONS: Since we know you can not see first-hand the lovely products in our store, we try very hard to make sure that the descriptions are accurate, detailed and complete. However, we reserve the right to make a mistake once in a while. :-) We can not control or accept responsibility for a mistake made by a supplier in their product pricing or descriptions or changes made to a product of which we are not aware. We do not expect our customers to perform "quality control" for us. However, It would be extremely difficult (and costly) to have every item that we carry inspected before it is shipped into or out of a warehouse. We will correct any error or replace defective merchandise - at no additional charge to you. Drop us a line if you receive an item that differs greatly from the photo or text description posted on our site. Go here to read our return policy.

(b) PRODUCT COLORS / APPEARANCE: Due to variations in brightness, contrast and the color balance settings of computer monitors, we cannot guarantee that the color you see on your screen will be an exact match for the color of any product in our Internet store.

(c) ERRORS, CORRECTIONS, OMISSIONS: Adjustments or corrections due to errors or omissions can be made to our website and the Internet store at any time. These adjustments include pricing, shipping cost and methods, details and product descriptions, discontinued products not marked as such, structural changes to a product made by the manufacturer of which we are not aware, products that are sold out due to unexpected heavy demand, errors in typing or incorrect photo, dimensions or pricing shown with a product.
 
15) TERMS SUBJECT TO CHANGE.  and the laws of the state of Delaware. Contact us if you need assistance.