Terms and Conditions ("Terms")

Last updated: (10/14/2015)


Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://shop.christmasbykrebs.com/ website operated by Christmas by Krebs Corporation. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Termination of Services
Links To Other Web Sites
Payment Terms
Credit Card Changes
Shipping
Delivery Time
Refund Procedure
Defective Returns and Refunds
Buyer's Remorse Refunds
A Note on Colors
Intellectual Property Clauses
Promotional and Marketing Products
Governing Law
Changes

 

Termination of Services


We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Links To Other Web Sites


Our Service may contain links to third-party web sites or services that are not owned or controlled by Christmas by Krebs Corporation. Christmas by Krebs Corporation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Christmas by Krebs Corporation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Payment Terms


All customers are considered Pre-Paid Customers, which means that they must provide payment in advance in order to have their product shipped. For orders of $10,000.00 or more payment terms such as Net-30, etc, may be requested but you must submit credit reference information and go through a credit check in order to qualify. Please contact Customer Service at 1-800-CHRISTMAS (247-4786) in order to get more information regarding this process. Not all Customers qualify. If the Customer fails to provide payment in a reasonable time or manner, Christmas by Krebs reserves the right to submit that invoice to collections and add the cost of utilizing the collection agency or any applicable lawyer or miscellaneous fees associated with collecting on that invoice to the total outstanding amount.


Credit Card Charges


Krebs accepts Visa, MasterCard, Discover, and American Express. Depending on your previously agreed upon Payment Terms, your credit card will be charged when your order is shipped. If your credit card is denied, your order will not be shipped.


Shipping


All orders will be shipped via FedEx Ground to commercial addresses or FedEx Home Delivery for residential addresses. For larger palletized shipments ABF Freight is the preferred freight shipper that will be utilized unless routed by the Customer themselves. It is the Customers responsibility to select the appropriate shipping method. If FedEx Ground is selected and the address is residential, your order will be modified to include any additional shipping charges required.


If you prefer to have items shipped on your shipping account or shipped via another method please contact Customer Service at 1-800-CHRISTMAS (247-4786) as soon as the order is placed and provide them with details regarding how you prefer to have your order shipped or please include this information in the order.


UPS charges Christmas by Krebs a $7.00 pickup fee in order to pick up product that is shipped via UPS through the customer’s account. This charge will be added to your order as a shipping charge item.


A shipping quote, given at time of order, is an estimate, and is subject to change at time of shipment.


Delivery Time


Customers can expect their merchandise to be shipped within 14 business days after placing their order, as long as all information received is accurate. Delivery time may vary during seasonal peaks.

 

Refund Procedure


If you want to return an item for any reason please contact Customer Service at 1-800-CHRISTMAS (247-4786) within 30 days of the product being shipped and speak to a customer service representative. Customer Service will need pictures of the defective goods and/or the ornament caps to be mailed back to our location at 8324 Sterling Street, Irving, Texas 75063, in order to help process this refund. Once this information has been given to Customer Service and it has been verified and approved, a Credit Memo will be created. This Credit Memo can be refunded back to the original card that was used to pay for the goods or applied toward a future purchase at the customer’s discretion. The refund will be processed at the soonest appropriate time depending on your card issuer policies and bank policies.


At the customer’s request, replacement cases can also be sent instead of a refund. Depending on the situation, additional shipping may or may not be charged for replacement cases.


Defective Returns and Refunds


You have 30 days from the date of shipment to return a product or request a refund for any defective items. Based on the damage/breakage policy the damaged product must exceed more than 1% of your total order before freight cost in order to receive credit for damaged product. If this damage is in excess of 1% then the damaged product or the ornament caps must be returned at your expense to our Factory at 3911 S Main street, Roswell New Mexico or our Corporate Office located at 8324 Sterling Street, Irving, Texas 75063 respectively before we can issue a refund for the cost of the product only. The customer can also provide pictures to the Customer Service Associate to help verify damage claims. All defective returns or refunds must be approved through our Customer Service department before sending product or caps back to Christmas by Krebs. Christmas by Krebs is not responsible for the cost of shipping these materials.


Buyer’s Remorse Refunds


If a customer changes their mind and decides that they do not want the product shipped to them, Christmas by Krebs will accept returns and refund the payment as long as the customer notifies and follows our procedure to deal with returns within the 30 day time frame. Customers are required to ship the product at their cost and pay for the cost of shipping the replacement product. Items that are returned damaged will not be refunded, so it is recommended that all returns are insured. If a customer service cancelation response is not made available within 14 days of requested ship date a 15% restocking fee will be assessed.


A Note on Colors


We try to make sure items are pictured as accurately as possible, but the color of the actual items you receive may vary slightly from the way pictures are displayed on your computer or are seen in the catalog. If you are concerned about the color, please contact customer service at 1-800-CHRISTMAS and one of our representatives will be happy to assist you.


Intellectual Property Clauses


You agree that all graphics, user interfaces, audio clips, video clips, editorial content, scripts and software used implement and provide services through the website contains proprietary information and material that is owned by Christmas by Krebs and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copy right. You agree that this information or material will not be used in any way whatsoever except in compliance with this Agreement. You agree not to modify, rent, loan, lease, sell, distribute or create similar works based on Christmas by Krebs Intellectual property.


Furthermore you agree that any images or texts that you submit to Christmas by Krebs to be printed on Ornaments or any objects provided by: Christmas by Krebs, complies with all applicable national and international licensing and copyright laws. You agree that all necessary licensing agreements have been obtained and can be presented upon request to Christmas by Krebs and its affiliates.


You agree Christmas by Krebs will not be held liable for any licensing or copyright disputes regarding any and all products produced by Christmas by Krebs.


Promotional and Marketing Products


Christmas by Krebs reserves the right to use any submitted products or designs provided by the customer in promotional or marketing products only, in promoting our brand. That said design will not be used for resale unless authorized by that said client. Refer to Intellectual Property Clauses regarding the copyright and licensing agreements.


Governing Law


These Terms shall be governed and construed in accordance with the laws of the state of Texas without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Changes


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.


Contact Us


If you have any questions about these Terms, please contact us at information@christmasbykrebs.com or call us at 1-800-CHRISTMAS (247-4786)