Privacy policy

This website is operated by Elf Christmas Tree Delivery ("Company", "we", "us", or "our"). Throughout the site, the terms "we", "us" and "our" refer to Elf Christmas Tree Delivery. We offer this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

1. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. Perishable Nature of Christmas Trees & Customer Care Obligations

Christmas trees and live greenery are natural, organic, and perishable items. Natural variations in shape, size, branch density, color, and needle drop are normal characteristics and are not considered defects.

  • Customer Care Responsibilities: Once delivered, tree longevity depends heavily on care and environmental factors. The customer assumes full responsibility for keeping the tree stand filled with clean water at all times and placing the tree away from direct heat sources (e.g., fireplaces, radiators, heating vents).

  • Longevity Disclaimers: We are not responsible for trees that dry out prematurely, drop needles excessively, or become fire hazards due to a lack of proper watering or placement near heat sources after delivery.

3. Delivery Logistics, Property Access & Home Entry Limits

By placing an order for delivery, you agree to provide accurate delivery instructions, gate codes, and contact details.

  • Standard Delivery (Contactless / Exterior Only): Customers do not need to be home for standard tree deliveries. For safety and liability reasons, our delivery staff ("Elves") will not enter private residences, apartments, or indoor living spaces for standard deliveries. Trees will be placed at your front door, porch, driveway, or an easily accessible exterior location. Risk of loss passes to you upon placement at the designated exterior location.

  • Setup & Takedown Services (Adult Presence Required): If you purchase indoor Setup or Takedown/Removal services, an adult (18+) must be present during the agreed delivery window to grant indoor access. Our staff will not enter a residence if an adult is not present.

  • Building & Elevator Fit Restrictions: For indoor setup services, the customer is responsible for verifying that the ordered tree height and size can fit through building entrances, hallways, stairwells, and elevators. If our staff determines in good faith that a tree cannot safely fit, delivery will be completed to the nearest safe location (e.g., building lobby or doorstep).

  • Missed Setup Windows & Re-Delivery Fees: If our staff arrives for a scheduled Setup or Takedown service and cannot gain access because no adult is present or gates/doors are locked, a $59 re-delivery fee will apply to reschedule the service.

  • Weather Delays: Delivery windows are estimates. We reserve the right to delay or reschedule deliveries due to severe winter weather, hazardous road conditions, or emergency events without penalty.

4. Property Damage Waiver & Limitation of Liability

Delivering and setting up large live trees involves inherent physical risks. By requesting setup or delivery services inside your home or property, you grant our personnel permission to enter the designated space.

  • Clear Pathways: You agree to clear a wide pathway to the installation area, removing fragile items, rugs, furniture, or valuables beforehand.

  • Incidental Wear: To the maximum extent permitted by law, Elf Christmas Tree Delivery is not liable for minor incidental wear, water marks, floor scuffs, wall scratches, or pine needle debris resulting from standard delivery, installation, or removal services.

  • Liability Cap: In no event shall Elf Christmas Tree Delivery, our directors, officers, employees, drivers, or contractors be liable for any indirect, incidental, or consequential damages. Our total maximum liability for any claim shall not exceed the total dollar amount paid by you for the specific order in question.

5. Tree Removal & Takedown Services

If you purchase our Tree Removal or Takedown Service:

  • Access Requirements: An adult (18+) must be present to allow our team entry to the property.

  • Removal of Personal Property: You must remove all personal family ornaments, tree toppers, heirlooms, and third-party lights prior to the scheduled takedown time.

  • No Responsibility for Personal Belongings: Our team will not be responsible or liable for any lost, damaged, or discarded personal ornaments or items left on the tree during removal.

  • Condition for Removal: Trees must be stripped of water and accessible for removal.

6. Refunds, Cancellations & Guarantee

All purchases, order cancellations, tree replacements, takedown service requests, and refund inquiries are governed by our standalone Refund Policy, which is explicitly incorporated by reference into these Terms of Service.

By placing an order with Elf Christmas Tree Delivery, you acknowledge and agree to the terms, cancellation deadlines, and claim requirements outlined in our Refund Policy.

7. Products, Pricing & Modifications

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

8. Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

9. Third-Party Tools & Links

Certain content, products, and services available via our Service may include materials from third parties (e.g., Shopify, payment processors). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.

10. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, or to violate any international, federal, or state regulations, laws, or local ordinances.

11. Indemnification

You agree to indemnify, defend, and hold harmless Elf Christmas Tree Delivery and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

12. Severability & Governing Law

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

13. Contact Information

Questions about the Terms of Service should be sent to us through any of the following channels: