Terms and Conditions

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Welcome to Tree Elves, Inc. ("Tree Elves," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website at www.treeelves.org (the "Site") and the purchase of our products and services.By accessing or using our Site, placing an order, or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Site or services.

Tree Elves, Inc.
9615 E County Line Rd
Centennial, CO 80112
Phone: 720-704-0405
Email: Info@treeelves.org

You must be at least 18 years old to place an order or use our services. By using our Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site with a new "Last Updated" date. Your continued use of the Site or services after any changes constitutes your acceptance of the updated Terms.

Tree Elves offers the following products and services:

• Fresh-cut Christmas trees (approximately 6'-7' and 7'-8' in height)
• Fresh holiday wreaths (approximately 14"-16" in diameter)
• Heavy-duty, leak-proof tree stands
• Tree delivery services
• After-season tree haul away and disposal services

We strive to provide accurate descriptions and images of our products. However:

• All trees and wreaths are natural, living products and are unique
• Actual products may vary slightly in size, shape, fullness, color, and appearance from images and descriptions
• Tree heights and wreath diameters are approximate
• We hand-select all products to ensure quality, but natural variations are expected and do not constitute a defect

• Products and services are available from December 1-22 each year, subject to availability
• We reserve the right to limit quantities, discontinue products, or refuse orders at our sole discretion
• Product availability is not guaranteed until your order is confirmed

When you place an order through our Site or by phone:

• You are making an offer to purchase the selected products/services
• We will send you an order confirmation email acknowledging receipt of your order
• Order confirmation does not constitute acceptance of your order
• We reserve the right to accept or decline your order for any reason

• All prices are listed in U.S. Dollars (USD)
• Prices are subject to change without notice
• The price charged will be the price displayed at the time you place your order
• We reserve the right to correct pricing errors on our Site or on pending orders

• Payment is due at the time of order
• We accept major credit cards and other payment methods as indicated on our Site
• Payment processing is handled by secure third-party payment processors
• By providing payment information, you represent that you are authorized to use the payment method

Applicable sales tax will be added to your order total based on your delivery address and local tax rates.

We deliver throughout the Denver metro area. If you are unsure whether we deliver to your location, please contact us at 720-704-0405 before placing your order.

• Delivery is available 7 days a week from December 1-22
• Delivery dates and times are scheduled at the time of order and are subject to availability
• We will make reasonable efforts to deliver on the scheduled date, but delivery times are estimates and not guaranteed

• You must provide a valid delivery address within our service area
• Someone does not need to be present for delivery unless otherwise specified
• You are responsible for providing accurate delivery instructions and access information
• If we are unable to complete delivery due to incorrect address, inaccessible location, or other customer error, additional fees may apply for re-delivery

We are not liable for delays caused by:

• Weather conditions, natural disasters, or acts of God
• Traffic, road closures, or other transportation issues
• Circumstances beyond our reasonable control

Risk of loss and title for products pass to you upon delivery.

Our after-season haul away service includes pickup and proper disposal of your Christmas tree.

• Haul away service must be scheduled in advance by contacting us at 720-704-0405 or Info@treeelves.org
• Service is available for trees purchased through Tree Elves
• Pickup dates are subject to availability

• Trees must be accessible for pickup (e.g., placed outside or in an agreed-upon location)
• Remove all decorations, lights, and ornaments before pickup
• Ensure clear access to the tree location

All sales are final. Due to the perishable nature of our products:

• Trees, wreaths, and stands are non-refundable and non-returnable once delivered
• Services rendered (delivery, haul away) are non-refundable

Your satisfaction is our priority. If you believe there is a legitimate quality issue with your product:

• Contact us immediately upon delivery at 720-704-0405 or Info@treeelves.org
• We will evaluate quality concerns on a case-by-case basis
• We reserve the right to determine, in our sole discretion, whether a quality issue exists
• Remedies, if any, may include replacement (subject to availability) but not refunds

• Your order will be held immediately upon completing your order and transitioned to our delivery holding zone.  If you decide to cancel your order there will be a 40% restocking fee.  All cancellations must be made in writing 48 hours prior to your scheduled delivery date by contacting us at Support@TreeElves.org

TO THE FULLEST EXTENT PERMITTED BY LAW:

• Our products and services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied
• We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• We do not warrant that our Site will be uninterrupted, error-free, or secure

TO THE FULLEST EXTENT PERMITTED BY LAW:

• Tree Elves, its owners, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Site, products, or services
• This includes, but is not limited to, damages for loss of profits, data, or other intangible losses
• Our total liability to you for any claim arising out of or related to these Terms or our services shall not exceed the amount you paid for the product or service giving rise to the claim

• We take reasonable care during delivery and haul away services to avoid damage to your property
• We are not liable for pre-existing damage, damage caused by customer negligence, or damage resulting from circumstances beyond our reasonable control
• You are responsible for ensuring clear and safe access for delivery and pickup

• Our products are natural pine trees and wreaths, which may cause allergic reactions or sensitivities in some individuals
• You are responsible for determining whether our products are suitable for your household
• We are not liable for any allergic reactions, health issues, or injuries resulting from use of our products

You agree to indemnify, defend, and hold harmless Tree Elves, its owners, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our Site or services
• Your violation of these Terms
• Your violation of any third-party rights
• Any inaccurate or misleading information you provide

All content on our Site, including but not limited to text, graphics, logos, images, videos, and software, is the property of Tree Elves or its licensors and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use our Site for personal, non-commercial purposes. You may not:

• Reproduce, distribute, modify, or create derivative works from our content
• Use our content for commercial purposes without our written permission
• Remove or alter any copyright, trademark, or other proprietary notices

"Tree Elves" and our logo are trademarks of Tree Elves, Inc. You may not use our trademarks without our prior written consent.

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

Our Site may contain links to third-party websites or services (e.g., payment processors, social media). We are not responsible for:

• The content, accuracy, or practices of third-party sites
• Any transactions or interactions you have with third parties
• Privacy practices of third-party sites

Your use of third-party sites is at your own risk and subject to their terms and policies.

You agree not to:

• Use our Site for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to our Site, servers, or systems
• Interfere with or disrupt the operation of our Site
• Transmit viruses, malware, or other harmful code
• Harvest or collect information about other users without their consent
• Impersonate any person or entity or misrepresent your affiliation
• Use automated tools (bots, scrapers) to access our Site without permission

We reserve the right to terminate your access to our Site and services for any violation of these Terms.

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or related to these Terms or our services shall be brought exclusively in the state or federal courts located in Arapahoe County, Colorado. You consent to the personal jurisdiction of these courts.

Before filing any legal claim, you agree to first contact us at Support@TreeElves.org to attempt to resolve the dispute informally.

If we are unable to resolve a dispute informally, either party may elect to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration shall take place in Arapahoe County, Colorado.

You agree to resolve disputes with us on an individual basis only. You waive any right to bring or participate in a class action, collective action, or representative proceeding.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Tree Elves regarding your use of our Site and services, and supersede any prior agreements or understandings.

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God (e.g., severe weather, natural disasters)
• War, terrorism, or civil unrest
• Government actions or regulations
• Labor disputes or strikes
• Pandemics or public health emergencies
• Utility failures or telecommunications outages

If you have any questions, concerns, or disputes regarding these Terms, please contact us:Tree Elves, Inc.
9615 E County Line Rd
Centennial, CO 80112Phone: 720-704-0405
Email: Info@treeelves.org
Website: www.treeelves.org

By using our Site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.