Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY
Xmastree Ltd. (collectively “Xmastreeonline.hk”, “Xmastreeonline.com”, “Xmastreeonline.com.hk”, "Xmastree.online", “we”, “us”, “our”) offers an online shop through its website located at Xmastreeonline.hk site and related domains, mobile applications, desktop applications, and PC television applications. By registering as a member or by using the “Xmastreeonline Service” in any way, you accept these Terms of Conditions (“Agreement”), which forms a binding agreement between you and Xmastreeonline. If you do not wish to be bound by this Agreement, do not use the “Xmastreeonline Service”.
General Terms
By completing and submitting our electronic order form you agree to the terms and conditions outlined below and making an offer to purchase goods which, if accepted by us, will result in a binding contract. Xmastree Ltd. may contact you in the future to enquire as to whether you would be interested in purchasing from us in the future. We will only sell to customers who are 18 years of age or older. Any claims/complaints must be made in writing to us within 5 days of receipt of goods. All claims in relation to a perishable item must be accompanied with a photo that clearly shows the concerns being raised.This photo must also be received within 5 days of receipt of goods. We reserve the right to revise details and prices at any time and without notice. We undertake to guarantee to hold the price at the time of your order. All items advertised by us are subject to availability. We reserve the right to alter the Ordering & Delivery Terms and to decline service to any individual. This website and everything contained in it is copyright of Xmastree Ltd. We reserve the right to allow for the possibility of supplying substitute goods in the event of us not being able to supply the specific goods ordered. The substituted goods will be of equivalent quality and price to those ordered. If you are unhappy with the substitute goods we will meet the return charge. We will contact you first if this unlikely event happens. Coupon codes will apply to limited items in the shopping cart such as trees, wreath and tree accessories however excluding additional fees, such as stairs or removal service i.e.
Delivery & Removal service
On receiving your goods please check them BEFORE signing for them. If there is any problem please sign for them as “DAMAGED”. We cannot accept cancellations or returns for perishable goods later than 3 days after delivery as trees and wreaths are freshly cut/prepared to order. Our third-party courier service normally delivers to HK Island, Kowloon, NT, Sai Kung, Clearwater Bay, Discovery Bay and Tung Chung. Those times may vary based on the actual weather and traffic condition at the time of dispatch. If you want to sign for your goods and you are not at home, the courier will try to call you to inform you of the failed delivery attempt. They will attempt to deliver on one more occasion or leave the tree with your Concierge/Security service, there-after you will be charged for the return fees of your goods. If you give permission for your goods to be left without a signature you do so at your own risk. If items become separated during transit and you refuse delivery of any part of an incomplete order you may not receive any outstanding items on your order as refusal of one item may be deemed to be refusal of the whole consignment. We cannot guarantee any special delivery instructions will be followed as it is at the discretion of our third-party courier service. Xmastreeonline cannot be held responsible for any of the actions of our third-party courier drivers. Xmastreeonline cannot be held responsible for problems caused by adverse weather/road/traffic conditions. Our couriers are contracted to deliver to your building. If you live in walk up buildings the courier is going to deliver for an additional charge of HK$ 50,- per floor of stairs. If you fail to pay the additional charge through our website while ordering online you must pay the the outstanding amount to the delivery courier in cash. In General all trees ordered with a Treestand will be pre setup at our warehouse. Treestand setups by our delivery team are accepted only for similar Treestands (make/model) used at our warehouse and at the discretion of the courier/driver. All other Treestands (make/models) are excluded from being setup on delivery! You must let us know if your order has not been delivered within 5 working days of the required date. After 5 working days we cannot be held responsible for the non-delivery of your goods. The removal dates will be shown on the pricing & delivery page, all prices are subject to change and availability. All removal dates must be booked at the time of your Tree-purchase. We cannot accept ad hoc removal bookings at a later stage via email. Unused services cannot be refunded and/or are nonexchangeable.
Cancellation
Non-perishable goods (Excludes Christmas Trees and Wreaths): You have the right to cancel your order within 7 working days beginning from the day following receipt of your order. Cancellation has to be made latest 5 days prior delivery date. We require notice of cancellation in writing which may be posted or e-mailed before this period expires. If you wish to exercise your right to cancel your order, our company policy is that we will NOT refund the original purchase price and delivery charge. In the event that you wish to cancel your purchase we request that you contact us by e-mail at info@xmastreeonline.hk at your earliest opportunity. Until the goods are returned it is your responsibility to take reasonable care of them. They should be returned with their original packaging, unused and in saleable condition. All goods returned must be accompanied by the original receipt as proof of purchase. You are responsible for the cost of return carriage. If the items are faulty or damaged we will refund any return costs once we receive your goods. If we do not receive the item we will arrange for collection of the item at your expense.
Perishable goods (Includes all Pot grown and real cut Christmas Trees and Wreaths) We cannot accept cancellations or returns other than quality issues for perishable goods any later than 3 days before due shipment as trees and wreaths are freshly cut/prepared to order. If you wish to cancel your purchase before this time we require notice of cancellation in writing which may be posted or e-mailed. If you wish to exercise your right to cancel/return your order for other than quality issues our company policy is that we will NOT refund the original purchase price and delivery charge. In the event that you wish to cancel your purchase we request that you contact us by e-mail at info@xmastreeonline.hk at your earliest opportunity. Unused services cannot be refunded and/or are nonexchangeable.
Damaged Goods
In the unlikely event that the goods are damaged in transit please sign for them as “DAMAGED” or refuse to take delivery. We cannot accept responsibility for goods that are damaged and have been signed for. Please e-mail us at info@xmastreeonline.hk and give us as much information as possible regarding the damage so that we can arrange a replacement or refund. Any concerns or complaints about cut/pot grown trees or wreaths have to be accompanied by a photo before we can progress the complaint. This will allow us to assess your product and can be used in any claims against the Courier provider. Moreover it will help us to quickly resolve any concerns you have. The cost of this return along with the original cost of the item will be refunded in full following an inspection of the goods that verifies the original complaint. If you refuse to accept delivery of an order for any OTHER reason you will incur an administration charge of HKD 200,- and will not be entitled to a refund.
Product Quality
Trees and wreaths are either living or made from living material so there will be some variation from those depicted in the photographs on our website. Any concerns or complaints about cut/pot grown trees or wreaths have to be accompanied by a photo before we can progress the complaint. This will allow us to assess your product and can be used in any claims against the Courier provider. Moreover it will help us to quickly resolve any concerns you have. We cannot be held responsible for the deterioration in quality of any Nordmann/Noble/Douglas Fir that is used indoors or without properly watering the tree. Our trees are graded for quality before being cut. They are carefully inspected and graded again prior to being dispatched. We only sell trees of the highest standard (Grade A) unless otherwise specified by Newsletter, Email, Text Message, Social Media channels, etc. All tree heights are measured to the tip of the tree. All our trees are grown in plantations where wildlife is abundant. This means that, very occasionally, spiders and such like may make an appearance! Christmas trees are grown in a natural environment and are harvested in variable weather conditions. During the harvesting process we endeavour to keep them as clean as possible, however, sometimes trees pick up a bit of mud, which can become lodged inside the packaging of the tree. Please take care when unpacking your tree as we will not be held responsible for any damage caused by debris that may fall from the tree. Christmas trees and Christmas wreaths are ‘perishable goods’ and have a limited display life. Put your tree or wreath up as close to Christmas as possible to ensure a fresh healthy looking tree over the festive period and make sure you regularly water the tree. If you want to display your tree for a prolonged period you have to replenish it with water failure to do so will result in premature needle drop and colour degradation. We cannot be held responsible for problems arising with any tree or wreath in relation to needle drop, colour, general product freshness and longevity after receipt of the goods. Please note that packaging shown on this site is for illustrative purposes only and may vary from that which you receive.
Product Handling
The products we sell are specially grown for the Christmas Market and like all such products will have been cultured to enhance their quality in line with industry practice. Care should be taken when handling the products. The safe use of the product is your responsibility and you accept that any loss or injury arising from its use will be your responsibility. Please be aware that in general needles from some fir/pine trees can cause mild skin irritations or allergies.
Security & Privacy
Types of Data collected
Among the types of Personal Data that this Website collects, by itself or through third parties, there are: Cookies, Usage Data, About Me, Data communicated while using the service, email address, first name, last name, username, country, state, province, city, billing address, shipping address, phone number, profile picture, unique device identifiers for advertising (Google Analytics for example).
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Website.
Unless specified otherwise, all Data requested by this Website is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by this Website or by the owners of third-party services used by this Website serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.
Users are responsible for any third-party Personal Data obtained, published or shared through this Website and confirm that they have the third party’s consent to provide the Data to the Owner.
Mode and place of processing the Data
Methods of processing
The Owner takes appropriate security measures to prevent unauthorised access, disclosure, modification, or unauthorised destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organisational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
processing is necessary for compliance with a legal obligation to which the Owner is subject;
processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Place
The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Content commenting, Analytics, Remarketing and behavioural targeting, Interaction with live chat platforms, Interaction with external social networks and platforms, Registration and authentication, Advertising, Displaying content from external platforms, SPAM protection, Tag Management, Content performance and features testing (A/B testing), Hosting and backend infrastructure, Handling payments, Contacting the User and User database management.
Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.
Detailed Information On The Processing Of Personal Data
Handling Payments
Payment processing services enable this Website to process payments by credit card or other means. To ensure greater security, this Website shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.
Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.
Stripe (Stripe Inc)
Stripe is a payment service provided by Stripe Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy. Privacy Shield participant.
PayPal (PayPal Inc.)
PayPal is a payment service provided by PayPal Inc., which allows Users to make online payments.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: See the PayPal privacy policy –Privacy Policy.
Shopify (Shopify Inc.)
Shopify includes a payment service provided by Shopify Inc., which allows Users to make secure online payments.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: See the Shopify privacy policy –Privacy Policy.
The price paid for delivery of Christmas trees includes delivery to your address but excludes erection of the tree (unless ordered with a tree stand) net removal and decoration. Full payment will be taken on the date of order. Funds must be received by us in full prior to dispatch of your order.
Advertising
This type of service allows User Data to be utilised for advertising communication purposes displayed in the form of banners and other advertisements on this Website, possibly based on User interests.
This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below.
Some of the services listed below may use Cookies to identify Users or they may use the behavioral retargeting technique, i.e. displaying ads tailored to the User’s interests and behavior, including those detected outside this Website. For more information, please check the privacy policies of the relevant services.
In addition to any opt out offered by any of the services below, the User may opt out of a third-party service’s use of cookies by clicking the reject button.
Facebook Audience Network (Facebook, Inc.)
Facebook Audience Network is an advertising service provided by Facebook, Inc. In order to understand Facebook’s use of Data, consult Facebook’s data policy.
This Website may use identifiers for mobile devices (including Android Advertising ID or Advertising Identifier for iOS, respectively) and technologies similar to cookies to run the Facebook Audience Network service. One of the ways Audience Network shows ads is by using the User’s ad preferences. The User can control this in the Facebook ad settings.
Contacting the User
Mailing list, newsletter or SMS (this Website)
By placing an Order the User’s email address will be added to the contact list of those who may receive email/SMS messages containing information of commercial or promotional nature concerning their Order and about this Website in the future.
Personal Data collected: Cookies, country, email address, first name, last name, phone-number, address and Usage Data.
Contact form (this Website)
By filling in the contact form with their Data, the User authorises this Website to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.
Personal Data collected: email address, first name and last name, phone number.
Analytics
The services contained in this section enable the Owner to monitor and analyse web traffic and can be used to keep track of User behavior.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilises the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualise and personalise the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.
Google Ads conversion tracking (Google Inc.)
Google Ads conversion tracking is an analytics service provided by Google Inc. that connects data from the Google Ads advertising network with actions performed on this Website.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States – Privacy Policy. Privacy Shield participant.
Display Advertising extension for Google Analytics (Google Inc.)
Google Analytics on this Website might use Google’s Interest-based advertising, 3rd-party audience data and information from the DoubleClick Cookie to extend analytics with demographics, interests and ads interaction data.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.
User ID extension for Google Analytics (Google Inc.)
Google Analytics on this Website makes use of a feature called User ID. This setup allows for a more accurate tracking of Users by associating that User with the same ID over various sessions and devices. It is set up in a way that doesn’t allow Google to personally identify an individual or permanently identify a particular device.
The User ID extension might make it possible to connect Data from Google Analytics with other Data about the User collected by this Website.
The opt-out link below will only opt you out for the device you are on, but not from tracking performed independently by the Owner. Contact the Owner via the email address provided in this privacy policy to object to the aforementioned tracking as well.
Personal Data collected: Cookies.
Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.
Displaying content from external Platforms
This type of service allows you to view content hosted on external platforms directly from the pages of this Website and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.
Instagram widget (Instagram, Inc.)
Instagram is an image visualization service provided by Instagram, Inc. that allows this Website to incorporate content of this kind on its pages.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States – Privacy Policy.
Interaction with external social networks and platforms
This type of service allows interaction with social networks or other external platforms directly from the pages of this Website.
The interaction and information obtained through this Website are always subject to the User’s privacy settings for each social network.
This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.
Facebook Like button and social widgets (Facebook, Inc.)
The Facebook Like button and social widgets are services allowing interaction with the Facebook social network provided by Facebook, Inc.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States – Privacy Policy. Privacy Shield participant.
Further Information About Personal Data
Selling Goods and Services Online
The Personal Data collected are used to provide the User with services or to sell goods, including payment and possible delivery.
The Personal Data collected to complete the payment may include the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Data collected by this Website depends on the payment system used.
Last Update: SEP 2023
All rights reserved Xmastree Ltd. 2023