Pines and Needles Terms and Conditions
Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Pines and Needles indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Pines and Needles , Pines and Needles reserves the right to make changes to this site and these terms and conditions at any time.
You agree to use Pines and Needles website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Pines and Needles website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within Pines and Needles website.
Pines and Needles does not warrant that functions contained in Pines and Needles website content will be uninterrupted or error free, that defects will be corrected, or that Pines and Needles website or the server that makes it available are free of viruses or bugs.
Copyright and Trademark Notice
This site is owned and operated by Pines and Needles Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Pines and Needles , Copyright 2005, all rights reserved. All media clips are the sole property of Pines and Needles or their respective content providers. All software used on the site is the sole property of Pines and Needles or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Pines and Needles s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Pines and Needles is a registered trademark, trademark or service mark of Ecosse Ltd. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Ecosse Ltd. All other trademarks or service marks are property of their respective owners. The use of any Pines and Needles trademark or service mark without Ecosse Ltd's express written consent is strictly prohibited.
Disclaimer and Limitation of Liability as to Products Sold
All of Pines and Needles's products are guaranteed against defects for 3 days from the date of delivery. Except as expressly stated herein, Pines and Needles makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Pines and Needles sites. Except as expressly stated herein, Pines and Needles expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Pines and Needles arising from any product sold on the Pines and Needles sites shall be the price of the product ordered. In no event shall Ecosse Ltd., its directors, officers, members, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
Disclaimer and Limitation of Liability as to the Pines and Needles Web Sites
The Pines and Needles web sites and the materials therein are provided as is. Pines and Needles makes no representations or warranties, either express or implied, of any kind with respect to the Pines and Needles sites, their operations, contents, information or materials. Pines and Needles expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Ecosse Ltd., its directors, officers, members, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Pines and Needles sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Pines and Needles shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Pines and Needles shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pines and Needles shall immediately issue a credit to your credit card account in the amount of the charge.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Pines and Needles is not responsible for the operation of or content located on or through any such site.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Pines and Needles reserves the right at any time after receipt of your order to accept or decline your order for any reason. Pines and Needles reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over £1000.00 (Sterling) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Pines and Needles is a reseller to end user customers and does not accept orders from Christmas related product retailers, exporters, wholesalers, or other customers who intend to resell the products offered by Pines and Needles .
Service and Support
Pines and Needles will provide on-line technical notes on most computer hardware & software products.
Jurisdiction
You agree that the laws of England and Wales without regard to its conflict of law principles shall govern any legal action brought against Pines and Needles .
Changes to Internet Site and User Agreement
This Internet site is subject to change without prior notice and your use of this site after a change means that you have agreed to that change. Pines and Needles may modify these terms at any time by posting the revised agreement on the Internet site. Any revised User Agreement is effective upon the User accessing this Internet site.
If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
Security and Privacy
All information is confidential. No personal information will be shared with other parties we use the industry standard, highest level encryption technology currently available to protect your data during transmission and after receipt, but, whilst no security system can be completely foolproof the risks are extremely low.
Payment Terms
Full payment is required before goods will be despatched.
We accept Bankers Drafts, Bank Transfer (special instructions as to labelling apply), Cheques (cleared in our account before despatch of goods or services),Most Major Credit Cards, which incur a 2.5% service charge.
Cheques should be made payable to "Pines and Needles T/A Ecosse Ltd".
Failure to pay any amount due under the Contract on the due date will result in Pines and Needles charging a penalty of £25 per day until the account is settled.
The Client shall notify Pines and Needles of any disputed amounts within 5 working days of the date of the invoice or request for payment
Liability
Liability on behalf of Pines and Needles of any description, excluding death and personal injury, is limited to the price of goods supplied by Pines and Needles.
Deliveries
Delivery Dates and Times
Delivery dates and times provided as an indication only and cannot be guaranteed. Pines and Needles reserves the right to re-schedule a delivery if full payment - or notice of full payment - is not received by 12PM on the day before the chosen delivery date.
Delayed Deliveries
Delays are uncommon but they may occur due to circumstances beyond our control such as poor traffic conditions and issues beyond the control of Pines and Needles, such as delayed 3dr party deliveries (ie.: The Couriers). In such cases, the terms below will apply
If a Pines and Needles in-house delivery is delayed, Pines and Needles will attempt delivery at the next available delivery slot (usually the following day). The Client may contact Pines and Needles and re-schedule the delivery free of charge.
If a 3rd party delivery (ie.: by The Courier) is delayed, The Courier will attempt delivery on the following working day. The courier will re-attempt delivery for up to 3 working days.
Refunds - Delayed deliveries do not constitute reason for a refund . Refunds will not be issued for orders where the goods are deilvered after the chosen date or time.
Delivery of Faulty or Unsatisfactory Goods
If The Client is unhappy with the quality of the Christmas tree delivered, The Client may be eligible to a free replacement tree, but may incur a re-delivery charge. Pines and Needles will not replace trees unless given writen instructions (or by email sent to info@pinesandneedles.co.uk) within 3 days of delivery.
Otherwise, within 3 days of delivery, the following terms will apply:
For in-house deliveries, The Client must tell the driver immediately. The Client will be charged a re-delivery penalty if (at the discretion of Pines and Needles staff) if The Client does not express his/her concern to The Driver before The Driver leaves the premises.
For 3rd party deliveries (ie.: by The Courier), The Client must contact Pines and Needles immediately by email to request a resolution of the problem. In such cases, Pines and Needles may refund the client up to 100% of the price of the goods in question - at the discretion of Pines and Needles senior management. If The Client rejects a refund, Pines and Needles may arrange a re-delivery for the next available delivery slot - usually the following working day. However, The Client may incur a reduced re-delivery charge if The Client opts the have the faulty tree re-delivered.
Cancellations
For cancellations before the chosen delivery date:
In the event of a total cancellation within 3 days of the function, then a cancellation fee of 100% shall be charged by Pines and Needles.
For cancellations post dispatch of goods:
If the goods have already be dispatched and The Client decides to cancel the order, then Pines and Needles charge a cancellation fee of 100% of all payments made. Delivery charges are non-refundable.
Product Guarantee
Pines and Needles guarantees a quality product and service to you, our customers, if you are not fully satisfied with the service or product received please contact us within 3 days of taking delivery of your products, and Pines and Needles will investigate all complaints thoroughly. In the event of a genuine complaint Pines and Needles will replace the product. This does not effect your statutory rights as a consumer
Tree Care
to ensure the best results from your Tree the following steps should be taken NOTE: If any of the following instructions are not followed your tree will not be covered by our Guarantee.
A tree is a living thing, even after it is cut. For the best results the trees should have a stand with a reservoir, which can be filled with water and checked Every Day.
Very Warm environments will cause the tree to deteriorate faster than it would in a cooler environment. Under floor heating, and air-conditioning will dry out the tree INCREDIBLY quickly. These Environments are to be avoided as they are not suitable for cut Christmas trees.
Direct heat sources such as heaters, spot lights, and direct sunlight are also detrimental to the trees state and trees should not be placed within close proximity to their sphere of influence.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
Pines and Needles retains the right to change these terms and conditions at any time.
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