Terms of Service
Last updated: June 6, 2026
Overview
Welcome to The North Pole Company. The terms “we,” “us,” and “our” refer to The North Pole Company. The North Pole Company operates this store and website, including all related information, content, features, tools, Christmas gift basket products, and services in order to provide customers with an online shopping, gifting, order fulfillment, and delivery experience (the “Services”). NorthPoleCompany.com is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you visit, interact with, purchase from, or otherwise use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as order terms, product availability, delivery limitations, warranty disclaimers, and limitations of liability.
By visiting, interacting with, purchasing from, or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.
Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your applicable jurisdiction and that you have the authority to use the Services, place orders, provide billing and delivery information, and provide recipient information where applicable.
To use the Services, including accessing or browsing our online store, placing an order, using the support widget, using the order tracking widget, or purchasing products or services we offer, you may be asked to provide certain information, such as your name, email address, billing information, payment information, delivery information, recipient information, phone number, and order details.
You represent and warrant that all information you provide through the Services is correct, current, and complete, and that you have all rights necessary to provide this information, including recipient names, recipient addresses, recipient phone numbers, delivery instructions, company or building details, and personalized gift messages.
You are responsible for maintaining the confidentiality of any account credentials associated with your use of the Services and for all activity that occurs under your account.
Section 2 - Our Products
The North Pole Company offers Christmas gift baskets and related seasonal holiday assortments. Products may include food, beverages, gourmet items, seasonal items, perishable items, third-party branded products, personalized greeting messages, and alcohol-containing products where permitted by applicable law.
We have made every reasonable effort to provide accurate representations of our products and services in our online store. However, colors, product appearance, packaging, presentation, basket style, container style, ribbon, decorative elements, and item arrangement may differ from how they appear on your screen due to device settings, product availability, seasonal inventory, fulfillment requirements, or delivery conditions.
Product descriptions, images, prices, availability, ingredients, packaging, contents, delivery options, promotions, and product configurations are subject to change at any time without notice at our sole discretion.
Because Christmas gift baskets may include food, beverages, alcohol, seasonal items, perishable items, specialty goods, or third-party branded products, substitutions may be made when necessary. Because holiday inventory is seasonal and high-demand, substitutions may be made when necessary. In all cases, we ensure the overall holiday theme, value, and presentation are maintained, using our judgment to deliver a complete and thoughtfully prepared Christmas gift.
Product availability may vary by delivery location, season, inventory, supplier availability, alcohol restrictions, fulfillment capacity, and applicable law.
Section 3 - Orders
When you place an order, you are making an offer to purchase. The North Pole Company reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The North Pole Company confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. This includes buyer information, billing information, recipient name, recipient address, recipient phone number, delivery instructions, selected products, delivery options, personalized greeting messages, and requested delivery timing.
The North Pole Company may be unable to accommodate cancellation requests, address changes, card message changes, product changes, or delivery changes after an order is accepted or once preparation, fulfillment, routing, shipment, or delivery coordination has begun.
We reserve the right to limit, refuse, cancel, or modify orders where we determine that an order cannot be fulfilled as submitted, contains incorrect or incomplete information, may violate applicable law, involves restricted products, presents a fraud risk, or cannot be delivered to the requested location.
Section 4 - Prices, Promotions, and Billing
Prices, discounts, free delivery thresholds, and promotions are subject to change without notice. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping charges, handling charges, delivery fees, service fees, regulated-product fees, or other applicable charges.
Orders over $100 may qualify for free delivery where this offer is displayed and available. Free delivery eligibility may depend on order subtotal, delivery location, product type, delivery method, promotional rules, and other conditions shown at checkout.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. You agree to promptly update your account and other information, including email address, billing address, payment information, and delivery information, so that we can complete your transactions and contact you as needed.
We reserve the right to correct pricing errors, typographical errors, promotional errors, or billing inaccuracies and to cancel or adjust orders affected by such errors where permitted by law.
Section 5 - Shipping and Delivery
The North Pole Company offers Christmas gift basket delivery across the United States during the Christmas season. Same-day delivery may be available in New York City, Los Angeles, and Northern New Jersey during the Christmas season, subject to recipient location, product availability, delivery capacity, seasonal routing, and checkout confirmation.
Delivery dates, delivery windows, shipping times, same-day availability, courier timelines, and transit times are estimates only and are not guaranteed unless expressly stated otherwise in writing by The North Pole Company.
Delivery options are confirmed at checkout based on the recipient’s address and available delivery service for that location. Same-day delivery is shown only where available. Nationwide U.S. delivery remains subject to product availability, seasonal demand, routing, carrier service, and other operational factors.
We are not liable for shipping or delivery delays, failed delivery attempts, or delivery limitations caused by carriers, couriers, weather, traffic, seasonal volume, building access restrictions, gated communities, hospitals, hotels, offices, apartment buildings, recipient unavailability, incorrect or incomplete delivery information, refusal of delivery, force majeure events, or other circumstances outside our reasonable control.
You are responsible for providing accurate and complete delivery information, including recipient name, address, phone number, company name, suite or unit number, building access details, and delivery instructions. Additional charges, delays, or failed deliveries may occur if delivery information is incorrect or incomplete.
For gifts sent to businesses, hospitals, hotels, residential buildings, offices, institutions, or other managed locations, delivery may be made to a reception desk, mailroom, concierge, front desk, loading area, or other authorized receiving point where direct recipient delivery is not available.
Section 6 - Alcohol and Restricted Products
Some Christmas gift baskets or add-ons may include alcohol or other restricted items where permitted by applicable law. Alcohol availability depends on recipient location, product availability, delivery rules, carrier requirements, and applicable laws.
By purchasing any product containing alcohol, you represent that you and the recipient are of legal drinking age in the applicable jurisdiction and that the order complies with all applicable laws. Alcohol deliveries may require adult signature, age verification, or additional delivery requirements.
We reserve the right to refuse, modify, cancel, or substitute any product or order containing alcohol or restricted items if we determine that the item cannot be legally offered, fulfilled, shipped, delivered, or received at the requested destination.
Alcohol-containing products may not be available in all locations and may be removed, replaced, or substituted where required by law, carrier rules, delivery restrictions, or product availability.
Section 7 - Perishable and Seasonal Products
Some products may include perishable, temperature-sensitive, seasonal, or date-sensitive items. You acknowledge that such products may be affected by weather, delivery timing, recipient availability, handling conditions, and other factors outside our control after dispatch or delivery.
Recipients should review products upon arrival and follow any applicable storage, handling, or consumption guidance. The North Pole Company is not responsible for product deterioration caused by delayed retrieval, recipient unavailability, incorrect address information, unsafe delivery conditions, or failure to follow reasonable handling or storage practices after delivery.
Section 8 - Personalized Messages and Order Notes
The Services may allow customers to include personalized greeting messages, sender names, recipient names, delivery notes, or other order notes. You are responsible for ensuring that any message or note you provide is accurate, appropriate, lawful, and does not infringe the rights of others.
We reserve the right to refuse, edit, omit, or decline to include any message or content that we determine, in our sole discretion, to be unlawful, abusive, offensive, discriminatory, misleading, inappropriate, or otherwise unsuitable for inclusion with an order.
Section 9 - Intellectual Property
Our Services, including trademarks, trade names, logos, branding, text, displays, images, graphics, product descriptions, product reviews, video, audio, page layouts, website design, and the selection and arrangement thereof, are owned by The North Pole Company, its affiliates, service providers, or licensors and are protected by applicable intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, scrape, copy, or commercially exploit any part of the Services except as permitted by these Terms or with our prior written consent.
Section 10 - Optional Tools
You may be provided with access to customer tools, third-party tools, widgets, applications, or integrations as part of the Services, including support tools, order tracking tools, checkout tools, payment tools, shipping tools, analytics tools, and other ecommerce functionality.
We may provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We do not control all third-party tools and are not responsible for third-party tool availability, performance, security, or accessibility.
Section 11 - Third-Party Links
The Services may contain materials, embedded tools, or hyperlinks to websites, platforms, applications, or services provided or operated by third parties. We are not responsible for examining or evaluating third-party materials or websites you choose to access.
We do not warrant and will not have any liability or responsibility for third-party materials, websites, products, services, privacy practices, terms, content, or functionality.
Section 12 - Relationship with Shopify
NorthPoleCompany.com is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with The North Pole Company.
Shopify may provide ecommerce functionality, checkout, payment processing support, hosting, fraud prevention, analytics, and related technology services. Your use of Shopify-powered features may also be subject to Shopify’s applicable terms, policies, and privacy practices.
Section 13 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be collected or processed by Shopify, payment processors, delivery partners, couriers, fulfillment providers, customer support providers, technology providers, and other service providers involved in operating the Services, processing orders, fulfilling orders, delivering Christmas gift baskets, and supporting customers.
By using the Services, placing an order, providing recipient information, including a personalized greeting message, using the support widget, or using the order tracking widget, you acknowledge that personal information may be collected, used, and disclosed as described in our Privacy Policy.
Section 14 - Feedback
If you submit ideas, suggestions, feedback, reviews, proposals, plans, photographs, comments, or other content to us, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and create derivative works from such feedback in any medium for any purpose, including commercial use, to the extent permitted by law.
You represent that any feedback or content you submit does not violate the rights of any third party and does not contain unlawful, abusive, misleading, defamatory, infringing, or otherwise inappropriate material.
Section 15 - Errors, Inaccuracies and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, delivery charges, delivery timing, transit times, product availability, alcohol availability, product contents, images, or other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
Section 16 - Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services for unlawful, malicious, infringing, abusive, fraudulent, misleading, or unauthorized purposes.
In addition to other prohibitions set forth in these Terms, you are prohibited from using the Services:
- For any unlawful purpose or to solicit others to perform or participate in unlawful acts;
- To violate any federal, state, local, or other applicable laws, regulations, rules, or ordinances;
- To provide false, inaccurate, incomplete, or misleading billing, delivery, recipient, age, or payment information;
- To purchase alcohol or restricted products in violation of applicable law;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
- To submit false or misleading information;
- To upload or transmit viruses, malware, malicious code, or other harmful technology;
- To collect or track the personal information of others without authorization;
- To spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise interfere with the Services;
- To interfere with or circumvent the security features of the Services or any related website, platform, or service.
We reserve the right to terminate your use of the Services for violating any prohibited use.
Section 17 - Termination
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice if we determine that you have violated these Terms, applicable law, third-party rights, payment obligations, delivery requirements, alcohol or restricted-product requirements, or other policies applicable to the Services.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Section 18 - Disclaimer of Warranties
The Services and products offered through the Services are provided “as is” and “as available” except as expressly stated by The North Pole Company.
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, error-free, accessible at all times, or free from defects. We do not warrant that the results obtained from use of the Services will be accurate or reliable.
We do not guarantee that product images, product descriptions, product availability, delivery estimates, same-day delivery availability, order tracking information, or third-party tools will be error-free, complete, current, or uninterrupted.
Some jurisdictions do not allow limitations on implied warranties, so some or all of the above limitations may not apply to you.
Section 19 - Limitation of Liability
To the fullest extent permitted by law, The North Pole Company and its affiliates, partners, officers, directors, employees, contractors, agents, service providers, fulfillment providers, delivery partners, couriers, suppliers, licensors, and Shopify shall not be liable for any indirect, incidental, punitive, special, consequential, exemplary, or similar damages arising from your use of the Services or products purchased through the Services.
This limitation includes, without limitation, damages arising from delivery delays, failed delivery attempts, incorrect delivery information, recipient unavailability, product substitutions, seasonal product availability, perishable product handling, third-party service failures, website interruptions, data loss, lost profits, lost revenue, lost savings, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.
To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services or any product purchased through the Services shall not exceed the amount paid by you for the specific order giving rise to the claim.
Section 20 - Indemnification
You agree to indemnify, defend, and hold harmless The North Pole Company, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, fulfillment providers, delivery partners, couriers, and suppliers from any claim, demand, loss, liability, damages, fees, or expenses, including reasonable attorneys’ fees, arising out of your breach of these Terms, your violation of law, your violation of third-party rights, your misuse of the Services, your submission of inaccurate information, or your purchase or attempted purchase of restricted products in violation of applicable law.
Section 21 - Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.
Section 22 - Waiver; Entire Agreement
The failure by The North Pole Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Services constitute the entire agreement and understanding between you and us regarding the Services and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Section 23 - Assignment
You may not transfer or assign these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice, including in connection with a merger, acquisition, reorganization, financing, sale of assets, or business transfer.
Section 24 - Governing Law
These Terms shall be governed by the laws applicable in the United States and, where applicable, the state in which The North Pole Company is headquartered or operates, without regard to conflict of law principles.
Nothing in these Terms is intended to limit any consumer rights that may not be waived under applicable law.
Section 25 - Changes to Terms of Service
We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to this website. It is your responsibility to check this website periodically for changes.
Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Section 26 - Contact Information
If you have questions about these Terms of Service, please contact us through the Contact Us page on this website, through the support widget, or by phone at (888) 959-7680.