Terms of Sale
THE INFORMATION HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASSACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS OF SALE IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR PRODUCTS BY ANY APPLICABLE LAW, RULE, OR REGULATION.
1. Applicability of Terms of Sale. These Terms of Sale (these “Terms”) shall apply to your purchase of products and related services (“Products”) through https://www.pineandsouth.com (the “Website”). These Terms are subject to change at any time without prior written notice by Pine & South LLC (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Website. Please review these Terms in their entirety prior to engaging in any transaction on the Website. Your continued use of the Website after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
2. Online Orders. When placing an order on our Website, you are effectively offering to purchase whatever Products you select. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. Company does not and cannot guarantee or represent the availability of any of the Products listed on the Website. All orders must be accepted by Company or Company will not be obligated to sell the Products to you. Company may choose not to accept any order or may cancel any order at its sole discretion, even after you are sent a confirmation email with your order number and details of the items you have ordered. By placing an order for any Product(s) through the Website, you represent that you are at least eighteen (18) years of age or otherwise of legal age to enter into these Terms, and that you are forming a binding agreement with Company. You further represent and warrant that all purchases are intended for final delivery to locations within the 48 contiguous states in the United States of America. Company does not ship to Alaska or Hawaii at this time. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
3. Payment Terms.: Applicable prices are set forth alongside the Product(s) offered on the Website. They may differ from the prices offered elsewhere (online or offline) by us for the same Product(s). All prices posted on the Website are subject to change without notice at any time by us in our sole discretion. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in an order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or shipping and handling charges. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges, including but not limited to delivery charges. All such taxes and charges will be added to your Product(s) total and itemized in your shopping cart and in your order confirmation email. For Products shipping to commercial addresses, additional shipping and handling charges may apply beyond your shopping cart total. For such Products shipped to commercial addresses, Company will contact you within one (1) business day of your Website order to obtain further details related to your delivery and to determine whether such additional charges apply, in which case your final amount due will be calculated and sent to you in a confirmation email. Payment methods accepted by Company may include a valid credit card, debit card, or use of an electronic payment provider, all as approved by Company and displayed at checkout of your order on the Website. By using any such card or electronic payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. Company strives to display accurate price information, however Company may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Company shall not be responsible for any inaccurate, wrong or mistaken information in connection with any Products offered on the Website or for any errors or omissions in posts on the Sites, including without limitation for any Products.
4. Promotions. Company may offer from time to time promotions on the Website for specific Products that may affect pricing and that may be governed by terms and conditions separate from and/or in addition to these Terms. Not all Products on the Website may be subject to a specific promotion. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
5. Shipping Information. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments of any Products. Company will arrange for shipment of any Products to you. Please check the specific Product webpage on the Website for specific delivery options. Title and risk of loss pass to you upon transfer of the Products to the carrier for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. You shall be solely responsible for examining and inspecting the condition and quality of the Products purchased through the Website. If Company is unable to reach you to schedule white glove delivery of any Product(s) for sixty (60) days or more, then Company will cancel your order and will not issue any exchange, replacement, refund or any other credit for your order. If a Product is shipped to you using a white glove delivery method and includes a scheduled delivery appointment date and time, and you fail to be available at that date and time to receive the Product, you will be assessed additional charges for: (i) Product storage in the amount of Twenty Dollars ($20.00) per week until a subsequent Product delivery date and time is scheduled and the Product is successfully shipped and received, and (ii) additional shipping charges for any subsequent delivery attempts to your address. You will be billed in advance for any charges associated with any Product storage or additional delivery attempt(s). Company will not re-schedule the Product delivery appointment until you pay such additional Product storage and shipping charges. Should you fail to pay such additional shipping and storage charges ahead of any additional attempt to deliver a Product to you, the Company may, in its sole discretion, cancel your order and Company will not issue any exchange, replacement, refund or any other credit for your order.
6. Returns. Company reserves the right, at its sole discretion, to offer exchanges, replacements or refunds on certain Products purchased through the Website. Company will not accept any custom, made-to-order or specialty Product for any exchange, replacement or refunds unless such Product was shipped to you damaged or defective and such damaged or defective condition is subsequently confirmed by the manufacturer upon receipt of the damaged or defective Product. Company will also not accept any Product sold for discounted pricing or marked as final sale for any exchange, replacement or refunds. Shipping and handling charges associated with any Product(s), including but not limited to white glove delivery and installation services, are non-refundable. In order for Company to consider exchanges, replacements or refunds for eligible Product(s) offered through the Website, you must notify Company of your request within the following time periods, in each case by emailing [email protected]:
- For Products currently sold by Company which were shipped to you and were not received damaged or defective, you must notify Company within forty-eight (48) hours of initially receiving such Products.
- For Products currently sold by Company which were shipped to you damaged or defective, you must notify Company within forty-eight (48) hours of initially receiving such Products.
- For custom, made-to-order or specialty Products which were shipped to you in a damaged or defective state, you must notify Company within forty-eight (48) hours of initially receiving such Products.
Company reserves the right to require any information or materials from you in considering any exchange, replacement or refund, including but not limited to photographic evidence of any damage or defect to any Product. Products on the Website manufactured by certain manufacturers may also not be eligible for exchange, replacement or refund. Company reserves the right to inspect any Product prior to deciding whether to offer any exchange, replacement, or refund on the Product. If Company determines, in its sole discretion, that a Product was shipped to you damaged or defective, Company reserves the right to repair the Product as an alternative to offering an exchange, replacement or refund. All returned Products require pre-authorization in writing by Company and must be returned in the original condition and packaging received by you. Company reserves the right to refuse to offer an exchange, replacement or refund on any Products for reasons including, but not limited to, that the original packaging is missing, the Product is packaged incorrectly or packaged differently than in the manner it was received by you, Product components are missing, and that the Product is damaged. Once any Products that Company accepts for refund is returned to and actually received by Company, Company will issue a refund for the amount paid for the Product, less a thirty percent (30%) re-stocking fee. You are responsible for any shipping and handling charges associated with returning a Product to the Company, and all such charges must be prepaid by you. Company will not accept any collect on delivery (“COD”) packages, including without limitation for any returned Product. You bear the risk of loss or damage during shipment and as such, you are advised to obtain appropriate insurance.
7. Cancellation Policy. Depending on when you placed your order and on individual manufacturer cancellation policies, you may be able to cancel your order placed on our Website. You are not permitted to cancel your order if twenty-four (24) hours have passed since you placed your order on the Website. You are not permitted to cancel your order if your order has already been shipped for delivery. Under no circumstances will Company accept any order cancellations on any custom, made-to-order or specialty Products. In order to request an order cancellation, please contact Company at [email protected] and reference your order number in your email. All final determinations as to whether to cancel an order are at Company’s sole discretion. If Company accepts an order for cancellation, Company will issue a refund for any payment made for the order.
9. Representations & Warranties (“R&Ws”); Disclaimers; Limitations on Liability:
a. Buyer’s R&Ws. You represent and warrant to us as follows: (i) you have the right to enter any transaction contemplated herein without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the Products provided hereunder exactly as authorized and never in any way that would violate any applicable law, any right of Company, or any third party right; and (iii) that you are buying products from the Website solely for your own use, and not for resale or export.
b. Manufacturer’s Warranty and Company Disclaimers. The Company does not manufacture or control any of the Products offered on the Website. The availability of Products through our Website does not indicate an affiliation with or endorsement of any Product or manufacturer. Accordingly, the Company does not provide any warranties with respect to the Products offered on the Website. As such, subject to applicable law, we are providing the Products to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). However, the Products offered on the Website may be covered by a manufacturer’s warranty included with the Product. To obtain any applicable warranty service for defective Products, please follow the instructions included in the manufacturer’s warranty. You acknowledge and agree that under no circumstances shall Company be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
c. LIABILITY CAP. IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER FOR LOST OR ANTICIPATED PROFITS, DELAY DAMAGES OR LOSS OF DATA RELATED TO ANY BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THESE TERMS EXCEED THE PURCHASE PRICE YOU PAID ON THE WEBSITE FOR ANY PRODUCT(S).
10. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
11. Force Majeure. The Company will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), pandemic, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
13. Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
14. Governing Law and Binding Arbitration.
a. Governing Law. All matters relating to these Terms shall be interpreted under and governed by the substantive laws of the United States of America and the State of New York, without regard to principles of conflict of laws. You and the Company have agreed to these Terms within the State of New York for all purposes.
b. Binding Arbitration. Subject to all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in New York County, New York. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all of its own costs, including but not limited to attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if Company is the prevailing party, then it shall be entitled to reimbursement for its reasonable attorneys’ fees and related costs expended in connection with the arbitration. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Governing Law and Binding Arbitration section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms.
15. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
16. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Website. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by email to [email protected].
These Terms were last updated on October 28, 2020.