CURRENT-YEAR PRODUCT FULFILLMENT TERMS
Special fulfillment terms apply to all current-year merchandise. For purposes of these Policies, Terms and Conditions, a "Current-Year Product" means any product identified by The Ornament Factory as being released during the current calendar year, including products described as a July Release, October Release, Pre-Order, Limited Edition, Keepsake Ornament Club item, Magic ornament, miniature ornament, special release, or other current-year merchandise.
Because current-year merchandise is subject to manufacturer allocation, supplier delays, staggered deliveries, inventory discrepancies, replacement shipments, restocking, and other circumstances outside of The Ornament Factory's control, The Ornament Factory expressly reserves the right to take up to ninety (90) calendar days to ship any order containing one or more Current-Year Products, measured from the later of: (a) the date the order was placed, or (b) the projected release or availability date applicable to the Current-Year Product. If the manufacturer, supplier, or The Ornament Factory later revises the projected release or availability date, the revised date may be used when calculating the 90-day fulfillment period.
If an order contains more than one Current-Year Product with different projected release or availability dates, the latest applicable projected release or availability date may be used to calculate the fulfillment period for the entire order. If no projected release or availability date is stated or reasonably identifiable for a Current-Year Product, the order date will be used.
A projected release or availability date is an estimate only. It is not a guaranteed ship date or delivery date. This 90-day fulfillment period applies even when a product is orderable on the website and regardless of whether the product title or page contains wording such as "JULY RELEASE," "In Stock," "Available," "Limited Edition," or similar availability language, unless The Ornament Factory expressly states in writing that a different fulfillment period applies.
Website availability language indicates that an item may be ordered from The Ornament Factory; it does not constitute a promise that the item is physically present in our warehouse at the moment the order is placed, that it will ship immediately, or that it will ship within the normal processing time applicable to older merchandise. Current-year inventory may be arriving in multiple shipments or may need to be obtained, replaced, replenished, or reconciled before an order can be completed.
A designation such as "JULY RELEASE" identifies an item as part of that current-year release group. It may replace older, date-specific product-title language after the applicable release date has passed. Such a designation is not a guarantee of immediate shipment and does not shorten or waive the 90-day current-year fulfillment period described above.
If an order contains multiple items, The Ornament Factory may hold the entire order until all merchandise is available to ship together. The Ornament Factory is not required to split an order into multiple shipments. Customers who want available merchandise shipped separately from current-year, delayed, incoming, or pre-order merchandise should place those items in separate orders.
The 90-day period described above is an order-processing and fulfillment period and does not include carrier transit time after the package leaves The Ornament Factory. Delivery dates are never guaranteed. Supplier estimates, manufacturer release dates, website availability indicators, and carrier estimates are informational only and may change without notice.
By placing an order containing one or more Current-Year Products, the customer acknowledges and agrees to these special current-year fulfillment terms, including the possibility that shipment may occur at any time within the applicable 90-day fulfillment period described above, subject to any rights that cannot legally be waived.
