- Terms of Service
- Returns and Refunds
- Before Unboxing
- What our Tree sizes mean:
- Delivery Times:
These terms & conditions were last updated on 18th September 2016.
The following terms & conditions are a legal agreement between you and Hilltop Farm Forestry Group Inc., a New Brunswick corporation doing business as Hilltop Christmas Tree Farms. Please read the following terms & conditions before using http://www.hilltop-tree-delivery.com and all affiliated webpages (collectively, our “Website”).
These terms & conditions govern your use of our Website. By using our Website, you indicate that you understand, consent to, accept and agree to be bound by the following terms & conditions. If you have any questions regarding these terms & conditions, please contact us before using our Website.
If you do not agree with these terms & conditions, or any part thereof, you must not use our Website.
In these terms & conditions: “you” and “your” refer to the individual user of our Website; and “we”, “us” and “our” refer to Hilltop Farm Forestry Group Inc., its affiliates and subsidiaries.
Our Website, including its design, any and all text, graphics, content, video audio and the selection and arrangement thereof are our property and/or the property of our suppliers and service providers.
All trademarks, service marks and business names used on our Website are proprietary to us or other respective owners that have granted us the right and license to use such trademarks, service marks and business names, and are protected by applicable trademark laws. You are not granted any rights to such trademarks, service marks or business names, registered or unregistered.
Subject to your compliance with these terms & conditions, we grant to you a limited, non-exclusive, non-transferable license to access and use our Website. All rights not expressly granted to you in these terms & conditions are reserved by us. This license terminates if you do not comply with these terms & conditions and can otherwise be terminated by us, for any reason, at any time.
You must not:
- use our Website in any way that causes, or may cause, damage to our Website or impairment of the availability or accessibility of our Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software or program;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website; nor
- use of our Website for any purpose(s) related to marketing or to transmit or send commercial communications.
Breach of Terms & Conditions
Without prejudice to our other rights under these terms & conditions, if you breach any of these terms & conditions in any way, we may take such action as we deem appropriate to deal with such breach, including without limitation suspending your access to our Website, prohibiting you from accessing our Website, blocking computers using your IP address from accessing our Website, contacting your internet service provider to request that they block your access to our Website and/or commencing legal or other proceedings against you.
Orders may be placed either through www.hilltop-tree-delivery.com or by calling (+1) 506-392-5202
Prices are listed on our website by tree size and grade or for wreaths by type. All prices are listed in US dollars less shipping. All taxes are included. There are no additional or hidden charges.
Payment can be made by most credit/debit cards or through third-party merchants such as PayPal.
We use UPS as our shipping agent and they are responsible for delivery of your tree. Hilltop will endeavor to deliver on the dates requested, however Hilltop is not liable for delays or damage caused through faults of UPS.
We strive to offer you the best service possible and deliver you quality product. If you have any issues or are dissatisfied with your order, please contact us immediately. While we generally do not accept returns due to the perishable nature of our product, we will try to resolve any issues you may encounter, whether by offering a replacement product or offering a refund.
We shall not be liable to you for any failure to perform any obligation under these terms & conditions which is due to an event beyond our control, including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which could not have been reasonably foreseen. If you are affected by such event, you shall forthwith inform us of same and we shall use all reasonable endeavors to best comply with these terms & conditions.
Links to Other Websites
Our website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party websites and do not make any representation regarding the content or accuracy of materials on such third-party websites. If you choose to access any linked third-party websites, you do so at your own risk.
Disclaimer of Warranties
Our Website is provided on an “as is” and “as available” basis. We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of our Website, these terms & conditions nor any information, products or services provided thereunder. We expressly disclaim all conditions, warranties and representations, whether express, implied or statutory, including but not limited to those relating to merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise.
Limitation of Liability
You expressly understand and agree that in no event shall Hilltop Farm Forestry Group Inc., its affiliates and subsidiaries, be liable to you for any damages whatsoever, including any direct, indirect, incidental, consequential, punitive, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether Hilltop Farm Forestry Group Inc. had been advised of, or could have foreseen, the possibility of such damages.
You agree to defend, indemnify and save harmless Hilltop Farm Forestry Group Inc., its affiliates, subsidiaries, suppliers and service providers, and its and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action, demand, loss, liability or expenses, including without limitation reasonable legal, accounting and other professional fees, alleged or resulting from your use or misuse of our Website or your breach of any of these terms & conditions.
Survival of Terms
You expressly acknowledge that Hilltop Farm Forestry Group Inc. has entered into this agreement, and will make our Website available to you, in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein shall survive, and continue to apply indefinitely, notwithstanding a fundamental breach or termination of these terms & conditions.
By using our Website, you expressly acknowledge that the limitations and exclusions of liability and disclaimers set forth herein are reasonable; if you do not believe they are reasonable, you must not use our Website.
Our failure to insist upon or enforce strict performance of any provision of these terms & conditions shall not be construed as a waiver of any provision or right. No waiver of any provisions of these terms & conditions shall be deemed to be a further or continuing waiver of such provision or any other provision, nor shall any waiver be binding on us unless agreed to by us in writing.
These terms & conditions and all rights and licenses granted hereunder may not be transferred or assigned by you, but they may be assigned by us without restriction.
If any provision of these terms & conditions is determined to be void, unenforceable or invalid or illegal, in whole or in part, the remaining provisions shall continue to apply with full force and effect.
The inclusion of headings in these terms & conditions is for the convenience of reference only and shall not affect the construction or interpretation of these terms & conditions.
These terms & conditions shall be interpreted, construed and governed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. You consent, submit and attorn to the exclusive jurisdiction of the courts located in New Brunswick, Canada, in all disputes arising out of or in relation to the use of our Website and these terms & conditions. If you access our Website from outside of Canada, you are solely responsible for compliance with all local laws.
You expressly confirm your consent to, and the acceptability of, these terms & conditions and all related documents and correspondence being written in the English language.
Vous confirmez expressément votre consentement à ces termes et conditions ainsi qu’au fait que ceux-ci ainsi que tous autres documents et correspondances qui s’y rapportent seront rédigés dans la langue anglaise.
Except where prohibited by applicable law, any claim or dispute arising out of or relating to your use of our Website or these terms & conditions which cannot be resolved amicably shall be referred to and finally settled, to the exclusion of the courts, by private and confidential binding arbitration, before a single arbitrator, in Fredericton, New Brunswick, Canada, in the English language and governed by New Brunswick law pursuant to the Arbitration Act (New Brunswick), as amended from time to time.
Any claim or cause of action you may have with respect to your use of our Website or these terms & conditions must be commenced within one year after the claim or cause of action arose, failing which the claim or cause of action shall be barred due to passage of time.
Revisions to Website and/or Terms & Conditions
We reserve the right, for any reason, at any time and with or without notice to you, to revise our Website and/or these terms & conditions. We therefore encourage you to review these terms & conditions on a regular basis. Your use of our Website after revisions have been made to our Website and/or these terms & conditions signifies your agreement and consent to such revisions.
Hilltop Christmas Tree Farms is a duly registered business name of Hilltop Farm Forestry Group Inc. (Business registration number 835492588NP0001) registered within the province of New Brunswick, Canada.
Hilltop is not liable to jurisdictional law outside of Canada. Users of this site indemnify Hilltop Christmas Tree Farms of any blame resulting from purchasing Hilltop Christmas Tree Farms products should they contravene local jurisdictional laws, furthermore Hilltop Christmas Tree Farms is not required to charge local taxes from users of this website and as such it is up to the user to determine their own sales tax rates.
Name: Hilltop Farm Forestry Group Inc.
Registered Office: 11 Hilltop Crescent, Greenfield, NB, Canada E7L 3L1
Corporation Number: 683055
Business Number: 819661562NP0001
Please contact us with any questions, comments or issues.
We at Hilltop Farm Forestry Group Inc. strive to offer you the best service possible and to deliver you quality product. If there is any issue or dissatisfaction with your order, please contact us immediately at 1-506-392-5202 or e-mail us at email@example.com. While we generally do not accept returns due to the perishable nature of our fresh products, we will try to resolve any issues you may encounter, whether that is a replacement tree or a complete refund.
Hilltop Farm Forestry Group Inc. does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Hilltop Farm Forestry Group Inc. does not take title to the refunded item.
Our trees are measured from its cut at the trunk up to the top of the leader (top) branch.
Every order placed online will be harvested to order. We ship via UPS every working day. UPS will take up to 7 working days to deliver the tree.
Hilltop Farm Forestry Group Inc. cannot be held responsible for orders delayed by UPS or held at your Country Customs.
To avoid any further delivery problems, please be sure to provide us with the correct delivery address and phone number.
If no person is present to accept the package at the location specified, or if you provide us the wrong address, UPS delivery will follow UPS standard procedures, which you can read here: UPS Conditions of Carriage.
If the wrong address was supplied by the customer, an additional fee for re-delivery may apply based on individual circumstance.
Please check your delivery information carefully at time of order.
Hilltop Farm Forestry Group Inc. will deliver your favorite tree and related products carefully packaged to your doorsteps anywhere in the United States of America and Canada.
We are not responsible for late deliveries caused by acts of God (weather conditions, storms, hurricanes, earthquakes, etc.) and caused by any third parties such as UPS and your Country Customs and no refunds will be issued for these reasons.
Due to our order volume fluctuation, we reserve the right to substitute with similar product of equal or greater value.
However, product substitution is very unlikely since 100% of our orders are produced at our own production facility.
Our trees come fresh from our own farms and are always fresh and beautiful. If you received damaged trees or other damaged products:
- You must take a photo of the product and email the photo, along with your name, order number, and the nature of the issue to firstname.lastname@example.org.
- Quality complaints must be received within seven (7) days following delivery.
- We will review every complaint and respond within 5 business days.
We are not responsible for unpacking damages. When you receive your fresh tree at your doorsteps, you will also receive a booklet on the outside of the box informing the correct way to open your fresh tree box. If, for any reason during the transportation, the booklet is missing, please do not open the tree box before reading the Unboxing Guide on our website.
All changes and updates to your order should be done within twenty-four (24) hours of placing the order.
Please double-check all the information in your order when you place it.
Changes and updates that are requested after this twenty-four (24) hours period are subject to a $10 administration fee.
Unfortunately, during peak time (October 15 – December 15) it is extremely difficult to make changes to an existing order. We will make every effort, but change requests are not guaranteed.
Orders may be cancelled at no charge within twenty-four (24) hours of placing the order. After twenty-four (24) hours, a $25 administration fee will apply to all cancellations.
No cancellations will be allowed within 24 hours of the chosen shipping date.
No cancellations will be allowed after December 8th as this is our last long distance shipping date.
Orders placed in USA
Orders placed for delivery to USA will be charged in USD. Provincial taxes of destination may apply.
Hilltop Farm Forestry Group Inc. uses biodegradable waxed boxes specially designed to protect your tree with no/less harm to the environment. Please recycle the content of your package.
Please do not open the tree box before reading the Unboxing Guide.
Risk of Loss
Risk of loss and title for items purchased from hilltop-tree-delivery.com pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.
Site Policies, Modification, and Severability
Hilltop Farm Forestry Group Inc.
9110 Main Street,
DO NOT attempt to open the box before reading the instructions contained in the documents pouch on the outside of the box. In order to protect your tree during transit the tree is packed very tightly within the packing box. The tree will rapidly expand to many times it’s boxed width once the box seals are broken. Serious injury or damage to property could occur if you fail to unbox your tree properly.
When you order your tree or wreath you will be asked to provide a preferred shipping date. Your order will be shipped via UPS ground services on the date you select at checkout. Once the order has shipped you will receive an email with your tracking number and your order will be trackable on the UPS website. The delivery date is at all times an estimated date and we cannot guarantee, due to forces out of our control, that you will receive your items on the exact date chosen. For this reason we advise that if you have to have your order by a certain time that you enter a shipping date a day earlier to avoid any possible disappointment due to delays in transit. If you haven’t received your order within 24 hours of the estimated delivery date then please contact us at (+1) 506-392-5202 or e-mail us at email@example.com. Please be aware that UPS do not delivery on Holiday days or weekends (except in exceptional circumstances). Delivery is to your door. There is no requirement to sign for your delivery. If no one is present to receive the delivery, and it is felt safe to do so, your delivery may be left on your doorstep or somewhere suitable, for example a porch or garage.
When cutting your tree we will try to cut it as close to the specified height as possible but Christmas Trees are a living, natural product and therefore variations will occur. Our intention is to always cut your tree to within 2 inches of the selected height while never exceeding the stated height.In all cases your tree will be within the following height ranges:-
Tree Size Ordered — Actual Cut Size
5 ft Tree 4.5 ft – 5 ft
6 ft Tree 5.5 ft – 6 ft
7 ft Tree 6.5 ft – 7 ft
8 ft Tree 7.5 ft – 8 ft
Hilltop Farm Forestry Group Inc. (“Hilltop farm“) operates www.hilltop-tree-delivery.com and may operate other websites. It is Hilltop
Farm´s policy to respect your privacy regarding any information we may collect while operating our websites.
*All capitalized terms, unless otherwise defined herein, have the corresponding meanings set out in our terms & conditions.
We encourage you to carefully review our privacy practices, as outlined below, and contact us if you have any questions or concerns.
Use and Consent
Collection of Information
We may collect the following types of information in relation to your use of our Website:
- Website activity: Data about your browsing activity on our Website;
- Device and browser information: Technical information about the device or browser you use to access our Website (e.g. your device’s IP address, and in the case of mobile devices, your device type and unique identifier, such as an Apple IDFA or Android Advertising ID), etc.);
- Contact Information: Your name, email address and phone number, if you choose to provide such information;
- Account Information: If you open an account, we will collect your username and a password and other information necessary to open and access your account;
- Customer Service Information: Any information you provide to customer service, including survey responses;
- Financial Information: Your credit card number or other payment account information – this financial information is collected directly by our payments processor and is not stored by us or on our Website; and
- Third party information: Any additional information about you from third-party sources, where we have the rights to do so.
Use of Information
We may use the information we collect on our Website to:
- provide our services and customer support;
- collect fees and troubleshoot problems;
- prevent potential fraud and enforce our terms & conditions;
- customize, measure, and improve our Website and services;
- modify our marketing efforts according to your preferences; and
- upon receiving your consent, contact you by email or phone to discuss your account or our services, including to market our services to you.
Disclosure of Information
We may disclose your personally identifying information (your “PII”):
- To our service providers: Companies we contract with who help with various parts of our business operations (e.g. UPS). We require that our service providers use your PII only in connection with the services they perform for us;
- To your service providers: Companies under contract with you or acting on your behalf who handle data (e.g. customer lists) on your behalf;
- To our subsidiaries and related companies;
- In connection with legal proceedings: When we are under a legal obligation to do so (e.g. to comply with a binding order of a court, or where disclosure is necessary to exercise, establish or defend our legal rights or the legal rights of our advertisers or any other party;
- In connection with a sale of our business: If a third-party acquires some or all of our business or assets.
We also share technical information that we collect about your browsing habits and your device (e.g. data relating to our cookies, tracking pixels and similar technologies, etc) with advertising companies in the digital advertising ecosystem. This enables them and us to target advertisements that are more relevant to your experience and preferences.
Finally, we may disclose aggregated, anonymized information to our advertisers and other parties.
We engage in remarketing, which is conducted on our behalf by a third-party supplier.
Cookies and Related Technologies
Most internet browsers accept cookies automatically. You may disable cookies on your internet browser, but that may limit your use of some of the features on our Website.
We recognize the importance of your online privacy, so we offer you the following options for controlling the targeted ads you receive and how we use your data for such purposes:
- Opt-out of receiving targeted ads served by AdRoll: You can opt-out of receiving targeted ads served by AdRoll or on our behalf by clicking here. Please note that, if you delete your cookies or upgrade your browser after having opted out, you will need to opt-out again. Further, if you use multiple browsers or devices you will need to execute this opt-out on each browser or device. If you opt-out, we may collect some information about your online activity for operational purposes (e.g. fraud prevention), but we will not use this information for the purpose of targeting ads to you.
- Opt-out of receiving targeted ads served by AdRoll and other advertising companies: AdRoll is also a member of the Network Advertising Initiative (“NAI”) and adheres to the NAI Code of Conduct. You may use the NAI opt-out tool here, which allows you to opt-out of seeing targeted ads from AdRoll and from other NAI-approved member companies.
Retention of Information
Foreign Data Protection Laws
The payment information you submit when purchasing products on our Website is secured, handled and stored entirely by a reputable third-party payment processor. We currently use Authorize.net as our payment gateway.
Responsibility for Information Collected on the Website
We aim to keep our information as accurate as possible. If you would like to review or change the details you have supplied with us, please contact us.
Links to Other Websites
Security on the Internet
We apply technical, administrative and organizational security measures to protect the information we collect, including your PII. While we are committed to maintaining and protecting your privacy when you visit our Website, you should be reminded that the internet is not a completely secure medium. Therefore, your privacy cannot be guaranteed when you visit a website or communicate online. While we make efforts to safeguard and protect online data, we assume no liability for and cannot absolutely guarantee against data corruption, interception, delay or other unauthorized theft or misuse.
Whenever you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Are Children Allowed to Use hilltop-tree-delivery.com?
If you’re under 18, you may use hilltop-tree-delivery.com only with the involvement of a parent or guardian.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
All content included in or made available through hilltop-tree-delivery.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is property of hilltop-tree-delivery.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through hilltop-tree-delivery.com is the exclusive property of Hilltop Farm Forestry Group Inc. and protected by Canadian and international copyright laws.
Privacy Questions – Contact Us
All communications we receive are examined and replies are issued, where appropriate, as soon as possible. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction. Upon request, we will endeavor to provide you with information about the appropriate complaint process which may be applicable to your circumstances.