Terms and Conditions
Overview
This website is operated by Santa’s Dream. Throughout the site, the terms “we”, “us” and “our” refer to Santa’s Dream. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional policies referenced herein. These Terms apply to all users of the site, including browsers, customers, merchants and contributors of content.
Please read these Terms carefully before using our website. If you do not agree to all of these Terms, you may not access the website or use our Service.
We may update, change or replace any part of these Terms by posting updates on this page. Your continued use of the website after changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.
Section 1 – Online Store Terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your state of residence. If you are not, you confirm that you have given consent for your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose. You may not, in the use of the Service, violate any laws in your jurisdiction. You must not transmit any worms, viruses or code of a destructive nature. A breach of any of these Terms will result in immediate termination of your access to the Service.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time. Your content (excluding payment information) may be transferred unencrypted over various networks. Payment information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
Section 3 – Accuracy of Information
We are not responsible if information on this site is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on it is at your own risk. We may modify the contents of this site at any time, but we have no obligation to update any information.
Section 4 – Prices and Modifications
Prices for our products are subject to change without notice. We may modify or discontinue the Service, or any part of it, at any time without notice. We are not liable to you or any third party for any price change, modification, suspension or discontinuance of the Service. Information about shipping, duties and taxes can be found in our Shipping Policy.
Section 5 – Products
Many of our products are seasonal and available in limited quantities. They are subject to return or exchange only according to our Refund & Return Policy. We make every effort to display product colors and images as accurately as possible. However, we cannot guarantee that your screen will display colors accurately. Sizes may vary slightly from the stated measurements.
We reserve the right, but are not obligated, to limit sales of our products to any person, geographic region or jurisdiction. All product descriptions and prices may change at any time without notice. We may discontinue any product at any time. Any offer made on this site is void where prohibited.
Product safety:
- Please read and follow all instructions and warnings included with each product.
- Unless explicitly stated, our decorations are not toys and may contain small parts that are not suitable for children under 3 years of age.
- Keep decorations, ornaments, wreaths and textiles away from open flames, candles, fireplaces and other heat sources.
- Use string lights and other powered items only as described: indoor or outdoor, battery or plug-in.
- Do not leave lit decorations unattended or on overnight unless they are designed for this.
- Discontinue use of any product that is damaged.
You are responsible for determining whether a product is suitable for your intended use.
Section 6 – Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. This includes orders placed under the same customer account, the same payment method, and/or the same billing or shipping address. If we change or cancel an order, we will try to notify you via the email address and/or phone number provided at checkout. We may limit or prohibit orders that appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases. You also agree to promptly update your information so we can complete your transactions and contact you as needed.
Section 7 – Optional Tools
We may provide access to third-party tools that we neither monitor nor control. These are provided “as is” and “as available”, without warranties or endorsement of any kind. Your use of such tools is entirely at your own risk.
Section 8 – Third-Party Links
Certain content and services on our site may include materials from third parties. We are not responsible for examining or evaluating third-party websites or content. We have no liability for third-party materials, products or services. Please review a third party’s policies carefully before engaging in any transaction.
Section 9 – User Comments and Feedback
If you send us comments, suggestions, ideas or other materials, you agree that we may use them at any time, in any medium. This applies whether you send them at our request or on your own. We are under no obligation to keep comments confidential, to pay compensation for them, or to respond to them. You agree that your comments will not violate any third-party rights. They must not contain unlawful, abusive or obscene material, or any malware. You are solely responsible for the comments you make.
Section 10 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 11 – Errors, Inaccuracies and Omissions
Our site may occasionally contain typographical errors, inaccuracies or omissions. These may relate to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors and to update information. We may also cancel orders if information is inaccurate, at any time and without prior notice, including after you have placed your order.
Section 12 – Prohibited Uses
You are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform unlawful acts;
(c) to violate any federal, state or local laws or regulations;
(d) to infringe our intellectual property rights or those of others;
(e) to harass, abuse, insult, harm, defame or discriminate against anyone;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. Except as expressly stated by us, the Service and all products are provided “as is” and “as available”. They come without warranties of any kind, express or implied, to the fullest extent permitted by law.
In no case shall Santa’s Dream, its owners, employees, affiliates, agents, suppliers or service providers be liable for any indirect, incidental, punitive, special or consequential damages. This includes lost profits, lost savings or loss of data, arising from your use of the Service or any product purchased through it. Some states do not allow the exclusion or limitation of such damages. In those states, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits any rights you have under applicable consumer protection laws.
Section 14 – Indemnification
You agree to indemnify and hold harmless Santa’s Dream and its owners, affiliates, agents, contractors, suppliers and service providers from any claim or demand made by a third party. This includes reasonable attorneys’ fees, where the claim arises from your breach of these Terms or your violation of any law or third-party rights.
Section 15 – Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, it shall be enforced to the fullest extent permitted by law. The unenforceable portion shall be severed without affecting the remaining provisions.
Section 16 – Termination
These Terms remain in effect until terminated by you or by us. You may terminate them at any time by ceasing to use our site. If we believe you have failed to comply with these Terms, we may terminate this agreement at any time without notice. You remain liable for all amounts due up to the date of termination.
Section 17 – Entire Agreement
Our failure to enforce any right or provision of these Terms does not waive that right or provision. These Terms and any policies posted on this site form the entire agreement between you and us. They supersede any prior agreements and communications.
Section 18 – Governing Law
These Terms are governed by the laws of the Netherlands. This does not affect any mandatory consumer protection rights you may have under the laws of your state of residence.
Section 19 – Contact Information
Questions about these Terms can be sent to info@santas-dream.com. You can also reach us through the contact form on our website.