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General Terms & Conditions

This Agreement (this “Agreement”) is made between Pineca.com, LLC, a limited liability company organized under the laws of the State of Florida (“We”) and the individual person who purchases goods or services from us by placing an order with our website (the “Website”) that references this Agreement (“Consumer” or “You”) in consideration of their respective rights and obligations, the receipt and sufficiency of which are hereby acknowledged, as follows:

  1. 1.            Placing an Order

1.1.        If You select a product and add it to your cart, the Website will direct you to a secure payment page where you will be able to place an order (an “Order”) by following the instructions. To place an Order, you may either pay a deposit of a stated percentage or pay the price in full. Orders cannot be placed without paying either a deposit or the price in full.  Listed prices include delivery, VAT, hardware kits and flooring (depending on the product)

1.2.        After You select a payment method and successfully enter all required information, Your order is deemed submitted and you will automatically receive email confirmation of your order with an order number and order details. We will contact you two or three days prior to delivery to confirm a specific time on the date of delivery. If you have any questions, please contact us by phone or email: info@pineca.com. Our customer support team is happy to answer your questions.

1.3.        This Agreement applies to orders placed by telephone.  All phone calls are recorded for training and quality purposes. Phone call records containing sensitive financial  information (like credit card details) are deleted immediately after such phone calls are ended. 

1.4.  If you fail to accept a delivery date within sixty (60) days after receiving a proposed delivery date for the first time, the Order will be cancelled and You will be responsible for any cancellation charges in accordance with Section 2 below.

  1. 2.        Cancelling an Order

2.1.        Orders for Customized Products may  be cancelled prior to delivery, provided, however, that You will remain liable for 20% of the purchase price.    

2.2.Orders for non-Customized Products may be cancelled without payment only if the Consumer provides written notice of cancellation prior to the first to occur of (a) fourteen days after the Order is submitted, or (b) the date on which the Order is shipped.  In addition, Orders for Non-Customized Products that are $10,000 or higher in value may be cancelled only with payment of a 20% cancellation fee.

2.3.After an Order is shipped, you may cancel an Order for non-Customized Products only by contacting customer service, obtaining a “return materials authorization” number and paying for the entire cost of shipping the non-Customized Products back to our warehouse.  In such circumstance, you will receive your refund after the non-Customized Products are received by us, less any amount necessary to compensate us for any damages.

2.4.As used herein, “Customized Products” means any products that are modified or altered in any way in response to an Order.

3.Payment

3.1.        Please click here if you need information on how to make a payment.  All Orders must be paid in full prior to shipment. 
3.2.  If your order is not paid in full before the scheduled shipment date, your order will be delayed and your delivery date rescheduled.  Extra fees may apply if you reschedule your delivery date.

  1. DELIVERY

4.1.        The price calculated in the Order will include the cost of delivery. 

4.2.        Prior to the delivery date we will contact you for information about the delivery location and any special access or ingress issues that might exist at the place of delivery. 

4.3.        On the scheduled delivery date you must ensure that an adult is present for the receipt and signing of the delivery papers.  You will be responsible for offloading the products from the truck.  Most packing crates will weigh more than a single person can lift so you will need to arrange for any tools, cranes or additional personnel that may be required to offload the truck.  If it takes you more than one hour to offload the truck will we charge you for any delays at the rate of $200 per hour.

4.4.        Please carefully inspect the goods upon delivery, notify the delivery personnel if there are any damaged items or missing parts and be certain to take photographs of any damaged goods. 

4.5.        We will not be responsible for any personal injuries, death or property damage resulting from the delivery vehicle or personnel.

  1. Installation

5.1.        The product will include written installation and maintenance documentation (“Documentation”).  You must follow the installation and maintenance Documentation.  Failure to follow the Documentation will relieve us of any liability for damage to the products that results. 

5.2.        In addition to the installation and maintenance requirements that are set forth in the Documentation, you should observe the following:

5.2.1.    Do not erect the log cabin or wooden garage on the wet concrete base, otherwise the mold will start growing on the inside of the structure. If the structure was erected on the wet concrete base you must keep a moisture collecting device inside the structure, such as an electrical heater and ensure the cabin is ventilated on a regular basis until the base is complete dry.

5.2.2.    The base on which the building is going to be installed must be solid enough for our installers to work in safety.  If you are laying a concrete base we recommend you allow a minimum of 3 days to set before installation takes place.

5.3.        Our products are intended for non-residential and non-agricultural outdoor storage applications and do not necessarily comply with local zoning or building codes.  You must ensure that your installation and maintenance of the products complies with local zoning and building codes.

5.4.        Our products are usually purchased as DIY kits for assemblage by the Consumer because they are easy to assemble as long as you carefully follow the assembly instructions. Although the assembly process varies from person to person, it usually takes 1 day for 1 or 2 people to erect a 172 square foot log cabin.  Larger structures will take longer.  Assembly on site is an additional service that must be requested at the time the Order is placed.

  1. 6.            Replacing Missing or Damaged Parts

6.1.        You must check the products at time of delivery to determine if any parts are missing or have been damaged before delivery.  You must take photographs of any damaged parts.

6.2.        We will repair or replace, at no charge, any missing or defective parts if reported to us within three (3) business days after delivery together with photographic evidence of the damaged or defective parts.   After such period, replacement parts are available at our standard prices.

6.3.        Depending on the nature of the defect or damage, we may require photographic proof of the problem before providing a remedy.

  1. 7.            Maintenance and Care of the Structure

7.1.        To manufacture our wooden building kits we use coniferous tree timber, which is naturally resinous. Because of this, once the timber gets exposed to the weather elements (moisture etc.), timber can get a darker shade or producing dark spots. This is particularly characteristic for timber which has not been treated. These darker shades or dark spots are a natural process that does not harm the quality of the timber or the longevity of the building.   

7.2.        Please be aware that any issues that arise owing to the natural properties of the materials are not defects; please refer to the ‘Log cabin maintenance’ link section for further details.

7.3.        Please also note that the natural properties of timber mean that the cabin may settle and cracks, splits, and the movement of timbers may take place following installation.  Such movement may make it necessary to alter windows and doors and may other alterations as a result of drops, warps, expansion or contraction.  For example it may be necessary to cover cracks that might be appear between plasterboards, refit storm braces as the building settles, and push down wall logs that might not have settled.  Such minor repairs and adjustments do not signal any defect in the structure, are not covered by the warranty and are the responsibility of the Consumer.

  1. 8.            Warranty

8.1.        We guarantee that our products will be free from defects in materials and workmanship at the time of delivery and that any wood products will not rot, in ordinary use, for the number of months indicated on the applicable product page in our website.  We will, at our option, repair or replace any products that fail to satisfy such warranty if reported to us before the expiration of the applicable warranty period.

8.2.        Except as expressly set forth in the preceding paragraph, our products are provided “as is” and “with all faults” and we hereby disclaim any implied warranties of merchantability or fitness for a particular purpose.

8.3.        The limited warranty provided in this Agreement will be void if any product are damaged as a consequence of any of the following:

8.3.1.    Consumer must maintain the wooden structure in accordance with the Documentation and, among other things, must ensure that the structure is properly treated with quality oil-based wood preserver or paint annually.

8.3.2.    Consumer must install the products within 6 months of delivery.

8.3.3.    Our products must only be used for non-residential and agricultural applications as more particularly provided in the Documentation.

8.3.4.    Structures must be assembled on proper foundations in accordance with the Documentation.

8.3.5.    The structure’s roof must be properly installed and maintained in order to prevent leaks. 

8.3.6.    Alternations made by a third party, or without our authorization, will void the warranty.

  1. 9.            Miscellaneous

9.1.        Product pictures on our website may be slightly different from the actual products and the pictures on our website are not guaranteed to match perfectly the actual products. 

9.2.  Any data we collect from you in connection with your use of our website, any Order you submit, any payments you make or any interaction you have with our company is subject to our Privacy Policy.  

9.3.        This Agreement is governed by and construed in accordance with the laws of the State of Georgia, U.S.  The parties agree that any dispute regarding the existence, validity or terms of this Agreement will be subject to the jurisdiction of the state and U.S. federal courts sitting in the State of Georgia and each party hereby submits to the personal jurisdiction of such courts and agrees not to object on the basis that any such court is an inconvenient forum.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.  

9.4.        We are not responsible for any losses or damage resulting from any cause outside our reasonable control including, without limitation, acts of war or terrorism, vandalism, wrongful acts of third parties, natural disasters, severe winds, severe storms and similar forces.   

9.5.        We are not responsible for any loss of profits, loss of sales, or other consequential damages or any punitive damages resulting from any breach of this Agreement or any other cause of action arising out of or relating to the actions or omissions contemplated by this Agreement. 

9.6.        In no event will our liability for any act or omission relating to the subject matter of this Agreement, whether arising as a breach of contract, tort, strict liability or any other legal theory, exceed the amount paid by Consumer to us in connection with Consumer’s order. 

 

Last revised: October 23, 2017

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