Terms and Conditions of Santa's Holiday Christmas World (SHCW)
Please read the Terms and Conditions carefully before you start to use the website. By using the website, you accept and agree to be bound and abide by these Terms and Conditions. All information we collect on this website is subject to our Privacy Policy. By using this website, you represent and warrant that you are of legal age to form a binding contract with SHCW. If you are agreeing to these Terms and Conditions on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions.
Changes to the Terms and Conditions and the website
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter. Your continued use of the website following the posting of revised Terms and Conditions means that you accept and agree to the changes. Customers should review this page from time to time to be aware of any changes.
We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.
Pricing
We do our best to keep the pricing listed on our website current. We reserve the right to change prices, if it becomes necessary. Prices will fluctuate up or down based on the prevailing market conditions for each type of raw material. Quoted prices do not include the exact tax amount. All such taxes will be added to your merchandise total, and will be itemized in your invoice. We reserve the right to update prices due to errors, with or without notice to you. Please feel free to confirm pricing with us when placing your order.
Typographical Errors
All efforts are made to have accurate pricing and product specifications. In the event that a price or product specification is listed incorrectly, we reserve the right to refuse or cancel any orders placed for the product at the incorrect price.
Protected Content & Images
SCHW is the sole owner of all images and information contained within this website. Any duplication and use thereof is prohibited without prior consent from SCHW.
All product images are for illustrative purposes only. The actual product you receive may vary. Please refer to the product description for specific details of the product.
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SHCW, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, re-post, download, store, or transmit any of the images, content or other material on our website except that you may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from this website;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.
If you are in breach of these Terms and Conditions, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by SHCW. Any use of the website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Orders
Customer orders are shipped in the order in which they are received, with the exception of orders containing back ordered products. We strive to ship all orders in a timely manner, but due to seasonal fluctuation, shipping times may vary. Customers are welcome to come to our store to pick up their orders, and you may pay here with cash, check or credit card; however, please be aware that sometimes we have certain items on back order, so we may not have everything you need in stock. You can give us a call or send us an email ahead of time to have your items ready to be picked up.
Free Shipping
Free shipping applies to most orders placed on our website over $35 (after promotions and discounts are applied), shipped standard ground service within the lower 48 states.
Items not included in the free shipping offer are clearly marked on each product page.
The items included/excluded from the free shipping offer are subject to change without notice. Due to the ever-rising cost of outbound shipping, any order with back ordered items may be held until the back ordered items arrive. In the event that your order contains some items that don’t qualify for free shipping, but the rest of the order does qualify for free shipping, the computer system will place shipping charges on the entire order. To receive free shipping on the items that qualify, you need to place two separate orders: one for the items that don’t qualify, and one for the items that do.
Shipping Carrier Late/Delayed Shipments Or Expedited Orders
SHCW does our best to get all in stock orders shipped out in a 1 - 3 business day time frame. Please understand that due to a high volume of customer orders, ground shipments could possibly be delayed during the extremely busy time frame of November through December. Any order shipped the three weeks prior to Christmas can not be guaranteed to be delivered in time for Christmas. We are not responsible for delays in delivery by shipping companies. Due to the high volume of orders that we ship out each day, we are not able to keep track of each shipment, so we therefore do not have any acknowledgement of a lost shipment. Once each order is shipped, our system emails tracking numbers, and it is the customer's responsibility to keep track of where their shipment is located at. If your package is not progressing, please contact the shipping carrier with your tracking number to get updates.
PLEASE NOTE IMPORTANT INFORMATION REGARDING EXPEDITED ORDERS! As of March 26, 2020, UPS has suspended their UPS Service Guarantee, meaning that there is a possibility of delay with any UPS shipment, including UPS Next Day, and if such a situation occurs, UPS will not refund any shipping charges. SHCW will not be held liable for any shipping delay caused by a shipping carrier, and we are not able to refund or credit any shipping charges from the order.
Expedited orders (UPS Next Day and UPS 2nd Day) are only delivered Monday - Friday with no Saturday deliveries and no deliveries during observed holidays. All expedited orders placed before noon CST will be shipped the same business day. Any order placed after noon CST will be processed the next business day. Any order placed on Friday after the cutoff time will not be processed until the following Monday, unless in observance of a holiday, when it will be processed the next business day. Please note: any order placed after the cutoff time on Thursday for UPS 2nd day will not be delivered until the following Tuesday, which is considered the second business day.
Back Orders
Any order with items that are back ordered will be held and shipped all at once. Items can be shipped separately on your request; however, the items will be billed separately from the back ordered items and the customer will be responsible for paying the separate shipping for each order. If an item is on back order, customers will be notified as soon as possible by email. As soon as back ordered items come into stock, the order will receive top priority handling.
Special Orders
All special orders require pre-payment. Some special orders may be subject to a cancellation charge of 25% or greater.
State Sales Tax
We are required by law to collect state sales tax on all orders within the state of Iowa and certain other states, and on all pickups here at our facility, regardless of which state you are from. We will collect the current sales tax rate for your area unless we have a current (within 5 years of date) signed certificate on file for you. Please send us a current sales tax exempt form by email so we can update your account to tax exempt before placing your order.
LTL (Less than Truckload) and FTL (Full Truckload) Freight Charges
The customer is responsible for paying all LTL freight or shipping charges before the item is shipped. *PLEASE NOTE* In the instance where a customer backs out of a placed order after an item has been special ordered from one of our suppliers, then the customer is still responsible for all shipping costs incurred. Also, if incorrect information is given to SHCW - such as commercial delivery instead of residential, if the customer states that there is a dock or forklift available when there really is not - then all additional charges billed to SHCW by the freight carrier will be billed to the customer.
We offer shipping through a number of different companies. For all orders that do not qualify for free shipping, we allow the customer to choose their own shipping method from all companies available. Included rates can be from the United States Postal Service, UPS, FedEx, and SpeeDee Delivery (SpeeDee Delivery is only available in the following states: ND, SD, NE, MN, IA, WI, IL, and around the St. Louis MO area). We also offer shipping to anywhere in the world; the customer is ultimately responsible for all shipping charges, and if SHCW incurs additional shipping charges from an order, those shipping charges will be billed to the customer. In the instance of free shipping, SHCW will choose which ground shipping provider to use.
Larger orders will go by common carrier (trucking company). We can arrange trucking or you can make arrangements with your preferred carrier. Any breakage or damage in transit is the responsibility of the shipping company. Please note: any damage must be noted on bill of lading before the driver leaves. Failure to do so will result in loss of ability to file damage claim with the shipping company.
Damaged Orders After Delivery
SHCW is not responsible for animals or pets causing damage to any product at the time of delivery, or after delivery, regardless of where the item was placed when delivered. Also, SHCW is not responsible for theft at the time of delivery or after, regardless of where the item was placed when delivered. We will not replace or refund orders under these conditions. We are also not responsible for any glass breakage that occurs on ornaments, containers, etc., either during shipping or while in the customer's possession, at any time.
Damaged Freight
All merchandise is shipped “F.O.B. Shipping Point”. This means that all merchandise becomes your property as soon as we give it to the freight carrier. The freight carrier is responsible for the safe and complete delivery of your merchandise. It is your responsibility to thoroughly inspect the merchandise when it is delivered. If the freight carrier fails to deliver your merchandise in good condition, it is your responsibility to note the damage on the bill of lading and contact us immediately to file a claim with the carrier on your behalf. Freight carriers will deny all claims that have not been noted on the Bill of Lading; therefore, SHCW will not file any claim that has not had the damage noted on the Bill of Lading.
We reserve the right to request photos or documentation of the damaged item(s) before claims are filed. Do not throw away or destroy the packaging. A claim will be filed with the shipper and all materials must be available for their inspection.
Glass containers are shipped at customer’s own risk because shipping companies will not cover damage to glass. We do ship large amounts of glass with very few problems; however, breakage has been known to happen, and if it does, SHCW is not able to replace any broken glassware. The customer agrees at the time of purchase to not return or reject any broken glassware shipment to SHCW, and the customer understands that if the shipment is rejected or returned, they will still be charged for the broken glassware, as well as the return shipping.
Foreign/Export Orders
All shipments for export are subject to prepayment in U.S. Funds. The customer agrees they will be responsible for all product, shipping and destruction expenses if any ordered product is rejected by the importing country’s customs agency. Shipments to locations outside the U.S. are typically subject to duties and brokerage fees. These fees ARE NOT included in the quoted shipping fees or the order total with SHCW and are the customer’s responsibility. All orders flagged by our system as possible fraudulent orders will be held for 4 weeks before shipping will occur to allow time for payment to process.
Additional Charges
For each Address Correction: $15.00
For each Acknowledgment of Delivery: $5.00
For each Call Tag Received: $10.00
Fuel surcharge subject to change without notice. For current fuel surcharges, please view the website of each particular shipping company.
Payments Through Website
We accept Visa, MasterCard, Discover, American Express, PayPal, PayPal Credit, Apple Pay, VISA Checkout, and Google Pay.
Pick Up Orders & Payments In Person
SHCW accepts cash and debit/credit card payments in store. *PLEASE NOTE* We are unable to make guarantees on the availability of the product if you do not call to verify before arriving.
Credit Card Payments
SHCW reserves the right to pre-authorize credit and/or debit cards. No money leaves your account until the purchase clears but the hold is active until the actual transaction is settled. When there’s a hold on your account, it lowers your available balance. SHCW is not responsible for overdraft fees resulting from the pre-authorization of your card.
Over Payments
Over payments made on your account may be refunded to your payment method or credited to your account.
Order Discrepancies
Check all orders immediately upon receipt and contact us within 7 business days on any discrepancies/damage. Any issue filed with SHCW after the 7 business days will not be covered.
Indemnification
Buyer agrees to indemnify, defend, and hold harmless, Santa's Holiday Christmas World, its officers, directors, members, employees, parent, subsidiaries, divisions, affiliates, successors and assigns, from and against all claims, liabilities, judgments, awards, losses, expenses, damages and costs, including reasonable attorney’s fees, arising in whole or in part out of (a) failure of Buyer, its agents, employees or customers to follow specifications, instructions, warnings or recommendations furnished by SHCW, (b) failure of Buyer, its agents, employees or customers to comply with all applicable laws and regulations, including, but not limited to any applicable Federal, state and local laws and regulations governing hazardous materials or safety, all as they may be amended or supplemented from time to time, (c) misuse of the goods by Buyer, its agents, employees or customers including use of goods with any substance that causes injury to person or property, (d) misrepresentation by Buyer, its agents, employees or customers, (e) the sole or contributing negligence of Buyer, its agents, employees or customers, or (f) alleged infringement of any patent, trademark or copyright as a result of Santa's Holiday Christmas World's performance in accordance with Buyer’s designs, plans, specifications or directions, (g) any and all lawsuits, liabilities, damages, injuries, claims, demands and expenses (including attorneys’ fees and legal expenses) of whatever kind and nature arising on account of the manufacture, use, storage, maintenance or repair of any of Santa's Holiday Christmas World's goods regardless of by whomever manufactured, used, operated, maintained or stored and/or arising as a result of claims based upon strict liability imposed upon SHCW except for claims directly resulting from SHCW's gross negligence; (h) any violation of these Terms and Conditions or any activity related to Buyer’s account (including negligent or wrongful conduct) by Buyer or any other person accessing the Website using Buyer’s Internet account; or (i) Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions or Your use of any information obtained from the Website. Buyer hereby waives and releases SHCW from all rights of contribution or indemnity to which it may otherwise be entitled. Notwithstanding anything to the contrary herein, this Indemnification section will survive any expiration or termination of these Terms and Conditions.
Buyer Agreement
It is the sole responsibility of the Buyer to determine the suitability of any services and goods including all parts and components of the goods purchased from SHCW, and Buyer agrees that it is not relying on SHCW in making such determination even if SHCW provided assistance, guidance or design. The Buyer should not rely on SHCW in making such determination. Buyer assumes full responsibility for any particular use or purpose. Buyer should not order or use any goods or services unless it is satisfied that the goods and services are suitable for Buyer’s use. Buyer agrees to store and use all goods and services in a safe manner and in compliance with all applicable laws. SHCW cautions Buyer, and Buyer acknowledges being advised, that not all products are compatible with the containers and other goods sold on this website and Buyer agrees not to use any goods with any abrasive, caustic, or acid solutions or any other substance, which may cause injury to persons or property. Buyer agrees to comply with all local, state and federal laws governing the use or resale of goods sold by SHCW.
Force Majeure
Company shall not be liable for any delay or other failure of performance due to causes beyond its reasonable control, including without limitation acts of God, acts of Buyer, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, delays in transportation or car shortages, inability to obtain necessary labor, materials, components, equipment, services, energy or utilities through Company’s usual and regular sources at usual and regular prices or failure or inability of the manufacturer of the goods to perform. In any such event, Company may, with notice to Buyer, at any time and from time to time without further liability to Buyer (a) postpone its performance, (b) make partial performance or cancel all or any portion of this contract or (c) allocate available quantities among its customers in any manner which Company deems reasonable. Cancellation of any part of this contract shall not affect Company’s right to payment for performance of any other part hereof.
Cancellations
Cancellation requests may be submitted by email to headelf@santasholidaychristmasworld.com, or by logging into your account and sending us a message from your order form within 1 hour of placing an order. After this window, the order will be forwarded to the warehouse for processing and shipping, and the order can no longer be altered. We can not cancel any items once they have shipped, and the unwanted items will need to be treated as a return product once received by the customer. Refusal of any merchandise at time of delivery by the customer will result in a $75 per box service fee.
Returns
We are more than happy to accept returns on most new products in original packaging, but please note that we will refund shipping costs on defective or incorrect items ONLY. Please contact us here before sending an item back to us for an exchange or refund. All products returned must be accompanied by a return authorization form. Please note: product images may vary somewhat from the product received. In most cases, the product received may vary in size, color, or placement of parts that make up the product.
The customer is responsible for paying return shipping costs on all returned products, as well as the shipping on any new item sent in exchange. All original shipping and return shipping costs for items returned for a refund ARE NOT refundable. In most cases, a restocking fee of 25% will be charged. Returns will be processed within 14 days of receiving the returned product. The customer is responsible to pay any cost differences for products exchanged.
1. Items must be returned in brand new condition.
- Most items not in brand new condition will be subject to a restocking fee of 30% or more, depending on the state of the item returned.
- SHCW absolutely CAN NOT accept any return or exchange that is covered with pet hair. We can not restock any such product to ship to another customer, due to other customers that may have allergies to animal fur and dander. Any item returned to us containing animal hair will be returned to the customer at their expense or will be disposed of, and no refund or exchange will be given. Also, please do not launder the item to remove any pet hair, as laundering the item inappropriately can ruin the product, and also the dyes and detergents in the laundry soap can also trigger allergies with some customers. SHCW has the final say on each product that can or can not be returned/exchanged due to animal fur.
2. Exchanges/returns for holiday items must be made:
a. Christmas & New Year's: within 14 business days or December 22, whichever comes first.
b. Valentine's Day: within 14 business days or February 11, whichever comes first.
c. St. Patrick's Day: within 14 business days or March 14, whichever comes first.
d. Easter: within 14 business days or 3 days before Easter, whichever comes first.
e. Patriotic: within 14 business days or July 1, whichever comes first.
f. Halloween: within 14 business days or October 28, whichever comes first.
g. Thanksgiving: within 14 business days or November 21, whichever comes first.
3. SHCW is not responsible for items being returned to us which are lost or damaged during shipment. Please keep a copy of your tracking information, and it is recommended you include shipping insurance when returning products to us.
Replacing Incorrect Merchandise
SHCW does our best to send out the correct merchandise for all orders, but sometimes human error can occur. Please check all orders immediately upon receipt and contact us within 7 business days of any discrepancies.
When a situation arises where you receive an incorrect product as the result of our error, we will email you a prepaid shipping label for you to return the item back to us with, and as soon as we receive that item back in new condition, we will then ship the correct item to you at our cost. In the instance that the product is needed immediately by the customer, then SHWC will include the return shipping label for the incorrect product inside the replacement package. These shipping labels will expire 30 days after they are issued. The full price of any items not returned within that 30 days will be charged to the credit card that was used on your original purchase, or we will place a hold on your account with us, and no more orders can be placed until the incorrect product is returned or paid for.
Non Returnable Merchandise
Due to the nature of some products, their use and the safety issues, the following product categories are non-returnable:
- All Special Order or Customized items
- Honey - due to safety issues with food products, SHCW will not accept any returns on honey.
- Candy, taffy, chocolates, honey caramels, honey truffles, and any other foods intended for human consumption.
- Any food grade items such as cookie cutters or other kitchen utensils.
- All orders of beeswax.
- Glass ornaments and decorations ship at customers own risk; SHCW WILL NOT replace/refund broken or damaged glass.
Exchanges
Please follow all instructions when sending back an item for exchange. The customer will be responsible for paying return shipping costs on all returned products, as well as the shipping on any new item we send out in exchange. All original shipping, return shipping and any exchange shipping costs ARE NOT refundable. The customer is responsible to pay any cost differences for products exchanged. Exchanges must be made within 15 days of receipt. Items must be in new condition, any item not in new condition will be subject to a 30% or more restocking fee, depending on the state of the item returned. This could affect any additional balance due on the item(s) you would like in exchange.
SHCW is not responsible for items being returned to us which are lost or damaged during shipment. Please keep a copy of your tracking information, and it is recommended you include shipping insurance when returning products to us.
Liability
Any damage that happens to all items and products included on the website arising from alteration, abuse or use of product for other than its intended purpose CAN NOT AND WILL NOT be covered by SHCW. Because conditions of use are beyond our control, we make no warranty or representation, express or implied, except that all products conform to the description provided by the manufacturer on sales literature or product labels. Our liability is limited to the purchase price paid.
Product Suitability
Many states and localities have codes and regulations governing sales, construction, installation, and or use of products for certain purposes. While we attempt to assure that our products comply with such codes, we cannot guarantee compliance in every situation. We cannot be responsible for how the product is installed or used. Before you purchase and use a product, please review both the product application and local codes and regulations. Be sure that the product, its installation, and its use will comply with them.
Product Disclaimers
*NEW* Hours of Operation
Monday - Friday: 9:00 am - 4:00 pm CST
Saturday & Sunday: Closed
Hours can change during the year at any point due to weather conditions or unforeseen circumstances. For current closings, please check on our contact us page. Please feel free to place an order at any time by mail or on our website.
Holiday Closings:
New Years Eve & New Years Day
Independence Day
Thanksgiving Day
Christmas Eve Day, Christmas Day, and the following day
This website is operated by:
Santa's Holiday Christmas World
207 Brown St.
East Peru IA 50222
