Pinesandco.ie – Website & Service – Terms & Conditions 2023/2024
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Our rights
We reserve the right to:
modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Delivery
Pines&Co aims to deliver on the preferred date for chosen at the time of order. However, delivery is scheduled geographically and will be confirmed with a time range the day before due delivery. Pines&Co reserves the right to charge a redelivery fee of €75.00, should the delivery team be unable to install the tree due to access or ceiling height issues. Pines&Co also reserves the right to charge a cancellation fee of 60% of the order value should the delivery, if fully correct, be rejected on arrival.
Treecare
Cut trees are like cut flowers: maintaining a supply of fresh water to the stems will help prolong the freshness of the foliage. Real trees will be supplied with a tree stand (with in-built watering system) It is the client’s responsibility to maintain a fresh supply of water and instructions will be left with each tree on installation. Hot, dry and dark conditions will speed up the drying out process of the needles.
Health & Safety
It is the client’s responsibility to ensure there are no trip or fire hazards.
Electricity Supply
It is the client’s responsibility to provide a safe 240v mains supply to the base of each tree and we recommend that a circuit breaker is fitted. We are unable to provide extension leads. Please note that several sockets are required for larger trees. If the installation team deem that any extension leads/wiring is unsafe and against Health & Safety regulations, then they will install the tree and lights, make sure all lights are working, then unplug the tree and leave the leads in a safe position.
Ownership
All materials remain the property of Pines&Co and any losses or damages will be charged for (unless otherwise stated).
Collection
Trees will be collected from 29th of January to 10th of January 2024. Pines&Co will ensure the area is left clean and tidy. Again, Pines&Co aims to collect during the chosen week on the order, however collections are scheduled geographically and will be confirmed. Pines&Co reserves the right to charge a failed collection charge of €75.00, should the collection team not be able to collect the tree due to access issues.
Undecorated Trees
Trees must be cleared of any clients’ own decorations before collection.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is”and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Darber Limited T/A Pinesandco.ie and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Any goods supplied by us are supplied on the strict understanding and agreement that no liability whatsoever shall attach to Darber Ltd, its officers or employees whether arising from the supply, delivery or subsequent use and/or management of the goods, including all electrical items supplied by or on behalf of Darber Ltd.
Law
The Terms of Use shall be construed in accordance with and governed by the laws of the Republic of Ireland, the Courts of which shall have jurisdiction in respect of disputes arising out of or related to the use of the Service, the Website or the Terms of Use.