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These Terms and Conditions apply to all orders which you submit to The Christmas Light Emporium, LLC, a Texas limited liability corporation (the “Company”), through the use of this website. By placing an order you are bound by these Terms and Conditions.
a. Your orders are subject to acceptance by the Company which is evidenced by an order confirmation from the Company. Order confirmation does not occur until a shipping notification is sent to you, or the purchaser, via the email address provided by you.
b. All orders for items sold are subject to availability.
3. Price and Payment.
a. Prices may change at any time. If you order has been confirmed by the Company, any later price change will not affect your order.
b. Payment for all orders, unless otherwise agreed to in writing by the Company, must be made prior to order confirmation. Payment must be made through the payment services as determined from time to time by the Company. If the Company is unable to collect on your order through the payment service, the Company will invoice you and you agree to pay the amount payable within ten (10) days from the date of the invoice with payment made in the manner designated on the invoice.
c. In addition to the price indicated on this website, you are responsible for and agree to pay any sales tax, other tax, other governmental levy, and in some cases, the cost of shipment and international customs duties and fees associated with shipment of the order.
4. Shipping Policy
a. Shipping Time
Most orders will ship within 24-48 hours (M-F only). During our busy season (October through February) shipping time may reach 24-96 hours or more from the time you place your order. Expedited orders (overnight, 2-day air) will be expedited and will be shipped within 24 hours of placing your order, usually on the same day the order is placed. During the last week of the year you can expect longer than usual delays in order processing.
Orders are not processed or shipped on Saturday or Sunday or during in-climate weather that does not allow our employees to safely get to work.
We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by The Christmas Light Emporium or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping, weather or product availability.
b. Shipping Rates
Our shipping rates are simple. We offer low, flat rate shipping on most orders and free shipping on most orders over $79. We also offer 2 day and overnight expedited shipping.
On some large orders (orders containing many products) and oversize items, automated systems do not have the intelligence to correctly calculate shipping based on how many boxes it will take to pack a large or or how much a freight carrier will charge to deliver heavy items. In these cases, we will contact you to let you know the accurate shipping amount that will need to be added to your order total prior to shipping.
c. Oversized Shipping Policy
Some items are so large they give the shipping companies heartburn (these items are noted in bold red text in the product description “Oversize item, may incur additional shipping charges after your order is placed. We will contact you prior to shipping your order if this is the case“) and they insist on charging extra. In these cases we will notify you of the extra shipping fees and confirm you still want the order.
d. Shipping Charges; Title; Risk of Loss.
Delivery of your order will be by United Parcel Service, or other carrier as determined by the The Christmas Light Emporium. Title to products and risk of loss or damage passes from The Christmas Light Emporium to you on The Christmas Light Emporium’s delivery of the product to United Parcel Service or other carrier. You must notify The Christmas Light Emporium prior to shipping if you wish to obtain insurance for your order. The Christmas Light Emporium will not be responsible for any failure to obtain insurance even if you have provided The Christmas Light Emporium a request for such insurance.
5. Order Cancellation.
Orders placed with free, economy or standard shipping selected can usually be changed/cancelled if you contact us within 60 minutes of your order being placed. Otherwise we will be happy to issue an RMA for your order if needed. Orders placed with 2-day, overnight or other expedited shipping selected cannot be cancelled. We will be happy to issue an RMA for your order if needed, but we cannot cancel expedited orders once they have been placed.
We cannot make changes to any order once it has been placed – only cancellations. If you need to make a change (cancel and reorder) to your order, you can do so as long as your change request follows the guidelines for cancellations. Simply request a cancellation within 60 minutes of placing you order (free, economy and standard shipping only) and we will cancel the original order if possible. You can then place a new order for the correct items. Please send all inquiries to email@example.com.
6. Warranty Information; Limitation of Liability.
a. Other than the warranty of title, The Christmas Light Emporium makes no warranty on the products sold other than our house brand “The Christmas Light Emporium” products that we design, manufacture or direct import. You agree that any warranty applicable to a product is that of the manufacturer of the product and not The Christmas Light Emporium. For example, a Light-O-Rama product offered by The Christmas Light Emporium through this website will have only the warranty offered by Light-O-Rama on that product. Please refer to the manufacturer’s product warranty information contained in the packaging or the warranty information provided on the applicable manufacturer’s website.
b. Neither The Christmas Light Emporium nor the product manufacturer make any warranty other than the Limited Warranty of the applicable product manufacturer. To the full extent of applicable law, The Christmas Light Emporium provides the products ‘AS IS AND WITH ALL FAULTS’ and hereby disclaims all other warranties and conditions, express, implied, or otherwise, including, but not limited to, any implied warranties of fitness for a particular purpose, merchantability, or non-infringement with regard to any products.
c. To the full extent permitted by applicable law, neither The Christmas Light Emporium nor the product manufacturers shall be liable to you or anyone else for direct, indirect, incidental, or consequential damages, including, but not limited to, lost profits or loss of business, as the result of the failure of a product even if The Christmas Light Emporium or the product manufacturer has been advised of the possibility of such damages. The entire liability of The Christmas Light Emporium and the product manufacturers related to the use, or inability to use the products shall be limited to the purchase price of the product paid by you.
d. Some state and federal laws, if applicable, do not allow limitations of implied warranties or the exclusion or limitation of certain damages. You may have additional rights if these laws are applicable.
In opening an account and in placing an order you are asked to furnish The Christmas Light Emporium with your contact, shipping, billing, and payment information. This information will be used by The Christmas Light Emporium to manage your account and to ship your order. Your credit card and billing information is shared with our Bank or payment service and your delivery address is given to United Parcel Service or the designated shipper. The Christmas Light Emporium may use your information to send you e-mails confirming orders, offering specials, notifying you of changes in our policies, and dealing with any order problems. Should you elect not to receive advertising or offering e-mails from The Christmas Light Emporium, you may do so by sending an e-mail to firstname.lastname@example.org or by simply clicking the “unsubscribe” link at the bottom of any promotional email you may receive from us.
8. Governing Law.
All issues and questions concerning the construction, validity, enforcement, and interpretation of these Terms and Conditions shall be governed by and construed in accordance with the domestic laws of the State of Texas, without giving effect to any choice of law or conflict of law provision (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas.
If any court determines that any provision of these Terms and Conditions is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of these Terms and Conditions invalid or unenforceable. Instead, the court shall modify, amend, or limit the provision to the extent necessary to render it valid and enforceable.
10. Copyrights and Trademark Notice
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of The Christmas Light Emporium, LLC, Copyright © in perpetuity, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
11. Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Christmas Light Emporium reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
12. Typographic Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, The Christmas Light Emporium shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Christmas Light Emporium shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Christmas Light Emporium shall immediately issue a credit to your credit card account in the amount of the original order.
The Christmas Light Emporium, LLC shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within any jurisdiction within we we have a physical presence. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
14. Return Policy
We realize you can change your mind and want to return a product we have already shipped. No problem. Throughout most of the year the product does have to be returned within 90 days of the date the order was placed, in the original packaging and in like new condition. For orders placed in November and December you must notify us of your return request within 10 days of the date the order was placed and we must receive the returned item within 15 days of the order date. No returns are accepted after December 25th under any circumstance. No returns accepted on custom designs including custom wireframes and yard art.
Return shipping charges are the responsibility of the buyer. It is the buyer’s responsibility to ensure that any return is, in fact, delivered back to our warehouse. For return shipping you MUST use a traceable shipping method that offers proof of delivery. We will not issue a refund for shipments that we do not receive and if you have no proof of delivery and we do not receive the return merchandise, you will not receive a refund.
For returns or replacements due to damage, breakage, defect, wrong item delivered or not as described we do require that you send photo/video of the problem so that we can identify the best solution and so that we have evidence of shipping carrier neglect as needed. No replacements or refunds will be issued on any damaged, defective, wrong item delivered or not as described orders without complete visual documentation of the problem.
If you do need to return an item, simply log into your account at https://www.thechristmaslightemporium.com/my-account/, and Click the “Return Request” button next to the completed order that contains the items you want to return, and click the red button labeled “Return Request” to the right of the item(s) you want to return then simply indicate the quantity you want to return, why you want to return them and other details as requested in our return request form. Be sure and include complete details including why you want to return the item, if you want a refund or if you would like to exchange the item for the same or another product or store credit.
If you do not have an account with The Christmas Light Emporium, you must submit your return request using our Return Request form located here: http://www.thechristmaslightemporium.com/warranty-request-form/
Do not send your items back to us until you have received an approved RMA number and complete return instructions.
You will receive complete instructions on how to return your order in a separate email. During our busy season (October through January) it can take 2-4 weeks or more to process returns and issue refunds.
15. Other Conditions
These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether The Christmas Light Emporium signs them or not. We reserve the right to make changes to this site and these Conditions at any time.
Terms and Conditions last updated May 13, 2016.