- Terms and Conditions
Terms and Conditions, Products and Live Bee Policies
Effective Date: August 27, 2013
Your Acceptance of These Terms and Conditions
The use of this website (“Site”) is governed by all applicable laws and regulations and by the Terms and Conditions set forth below. Please read them carefully. Your use of this Site and/or submittal of any purchase order to U.S. Vinyl Manufacturing Corporation d/b/a Pigeon Mountain Trading Company (“PMTC”) indicates an acceptance of these Terms and Conditions.
These Terms and Conditions form a legally binding agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE EXIT AND DO NOT USE OUR SITE.
ACCESS TO THE SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Changes to the Terms and Conditions
PMTC reserves the right to make any changes to these Terms and Conditions at any time. The changes will be effective as of the date we post the revised version on the Site. Whenever we make a change, we will post the updated Terms and Conditions on the Site, and your use of the Site following any such change constitutes your acceptance of the revised Terms and Conditions. Thus, it is important that you review our Terms and Conditions regularly.
Terms of Sale
Your Order. Every order that you place on our Site will be subject to acceptance in accordance with these Terms and Conditions. Once you place an order, PMTC will send you a personalized email and provide you with an order confirmation number. When your order is shipped, PMTC will send you a shipment confirmation email with the shipping carrier tracking number, if available.
The shipment confirmation email will be deemed to be completion of your purchase contract. Any products on the same order which we have not confirmed in the shipment confirmation email will not form part of that contract. Completion of the contract will also not take place where we have notified you that we cannot accept your order.
We reserve the right to cancel any order, with or without cause.
Pricing. We reserve the right to change prices and specifications without notice. The price that you pay for any product on our Site will be the price that is displayed on the Site at the final page in the checkout process. Note that the price for an item may change from when you first placed it in the shopping cart.
Shipping Policy. Orders will generally ship within 10 business days unless it is a custom order or the item is on backorder. If an item is on backorder, the order will ship out as soon as the product is received by our warehouse.
Shipping of Live Bees: Pigeon Mountain Trading Company® can only guarantee that the bees are delivered to the carrier of the customer's choice in good condition. We cannot and do not in any way guarantee that the carrier you choose will deliver the bees to you in good condition. PMTC is no longer liable for the bees once they are accepted by the carrier; our only liability is to deliver the bees to the carrier of the customer's choice in good condition. We insure all of our bee packages with the carrier. In the event that your bees arrive dead or damaged, refunds will be processed by the carrier, not Pigeon Mountain Trading Company®. For USPS delivery, please check your bees before accepting the package and do not accept them if they are dead. You must file a claim immediately with the postmaster directly. Pigeon Mountain will not offer live bees shipped by air for the 2014 season. Shipments of live bees shipped by the United States Post Office ground of over 10,000 packages of live bees were delivered successfully 99.5 percent of the time. The Post Office also insures the packages and processes any claims in a timely manner.
Pick up of bees: If the customer prefers to pick up the bees at our store and apiary in LaFayette, GA, the customer accepts full responsibility and liability of the the bees after pick up.
All live bee orders are non-refundable. Once you select a shipping date, it cannot be altered without the permission of PMTC.
Return Policy. If you are not completely satisfied for any reason, please return your merchandise within 30 days of receipt of the merchandise for a full refund or exchange. Before you return or exchange any merchandise, you must obtain a Return Authorization Number. Please contact our customer service department to obtain this number.
PMTC will only exchange merchandise that is in good condition, unless the merchandise is defective upon receipt through no fault of your own or anyone affiliated with you. Merchandise that is defective or damaged upon receipt must be returned in the original container with all original packing materials; all miscellaneous materials such as manuals and accessories must also be included. Returns and exchanges must be shipped prepaid. Deviations from this policy may result in a 15% return processing service charge.
To return your purchase, simply fill out the return information on the back of the packing slip and send it with the merchandise to:
Pigeon Mountain Trading Company
106 North Duke Street
Lafayette, GA 30728
Please indicate the reason for return and the action to be taken (exchange/refund). For your protection please insure your package for its full value.
If you experience any product defects outside of our return period, please contact the product’s manufacturer.
Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information received from our suppliers, PMTC shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. PMTC 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, PMTC shall issue a credit to your credit card account in the amount of the charge.
Sales Tax. PMTC shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within its state of operation. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Force Majeure. We will not have any liability to you or be deemed to be in breach of these Terms and Conditions, including these Terms of Sale, from any circumstances which are beyond our reasonable control (including a delay in delivery caused by force majeure). “Force majeure” includes, without limitation, circumstances directly or indirectly resulting from acts of God; acts of the public enemy; strikes; lockouts; epidemic and riots; power failure; fire; earthquake; water shortage or adverse weather conditions; or other causes beyond the control of the parties.
Service and Support. All requests for technical service and support for the merchandise that you purchase through this Site should be made directly to the manufacturer of the merchandise in accordance with its terms and conditions.
Additional Terms and Click-Through Agreements
We may also require you to follow additional rules, guidelines or other conditions in order to sign up to use various special features or password-protected areas of our Site or for other reasons. If any of the terms of such agreements, known as “click-through agreements,” are different than the terms of these Terms and Conditions, the terms of the click-through agreements will supplement or amend these Terms and Conditions, but only with respect to the matters governed by the click-through agreements.
Intellectual Property Ownership
Copyrights. Unless otherwise indicated, the Site and the design, text, content, selection, arrangement and organization of elements, graphics, design, compilation, and other matters related to the Site, including without limitation User Content as defined below (collectively, "Content") are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are either the property of PMTC or are included with the permission of the rights owner and are protected pursuant to applicable copyright and trademark laws.
Permission is granted to the extent necessary to lawfully access and use the Site and to display, print, or download portions of the Site on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) retain any and all copyright and other proprietary notices contained in the Content; and (iii) do not copy or post the Content on any network computer or broadcast the Content in any media. PMTC reserves all other rights in and to its intellectual property.
Trademarks. The Pigeon Mountain Trading Company name and logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on the Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of U.S. Vinyl Manufacturing Corporation d/b/a Pigeon Mountain Trading Company (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on our Site without the prior written permission of such owners.
User-Submitted Content and User Conduct
Certain sections of our Site may allow users to submit or upload reviews, feedback or other content (collectively “User Content”) to the Site or to third party sites. Any User Content is the sole responsibility of the person who made such User Content available on the Site. Such User Content may be posted on or accessed through our Site in our sole discretion.
We cannot and do not warrant or guarantee the truthfulness, completeness, accuracy, integrity, suitability, or quality of User Content. We are not liable for any loss or damage of any kind resulting from User Content.
If any User Content is your original work, then you own the copyright in that work. However, by making any User Content available on or through this Site, you are granting us, and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, reproduce, modify, display, distribute, perform, publish, transmit, and create derivative works thereof, in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so.
We reserve the right to disclose any User Content or information as is necessary to satisfy any law, regulation or governmental request. We also reserve the right, but do not assume the obligation, to remove any User Content, in whole or in part, without notice and for any reason in our sole discretion.
By providing User Content to or for our Site, you warrant and represent (1) that you own or otherwise control all of the rights to the User Content; (2) that you are at least 13 years of age, and if you are between 13 and 18 years old, your parent/guardian has given you permission to use or post User Content; (3) that such User Content is accurate; (4) that use of the User Content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and (5) that you will indemnify us for all claims resulting from User Content you supply.
Copyright Infringement Complaints
If you believe that your original work of authorship has been improperly copied and posted on the Site, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give PMTC legally sufficient notice to PTMC of infringement. Send copyright infringement complaints to:
Pigeon Mountain Trading Company
P.O. Box 276
LaFayette, GA 30728
FAX (706) 638-8997
We suggest that you consult your legal advisor before filing a notice with PMTC. There can be penalties for false claims under the law.
Disclaimer of Warranties
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PMTC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PMTC DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. PMTC DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. PMTC DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, CERTAIN MERCHANDISE OFFERED ON THE SITE MAY BE COVERED BY A PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF SUCH MERCHANDISE, AND THE LIMITATIONS AND DISCLAIMERS SET FORTH HEREIN WILL NOT LIMIT OR RESTRICT ANY WARRANTY PROVIDED BY THE MANUFACTURER OF ANY MERCHANDISE AVAILABLE FOR PURCHASE ON THE SITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PMTC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER USERS OF THIS SITE, EVEN IF PMTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST PMTC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF PMTC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, PMTC'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
OUR LIABILITY IN CONNECTION WITH A CUSTOMER'S PURCHASE IS EXPRESSLY LIMITED TO OUR RETURN POLICY SET FORTH ABOVE, AND ALL CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARE HEREBY EXCLUDED.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself.
You are responsible for maintaining the confidentiality of your account information, including your password and username, and are fully responsible for all activities that occur under your account by you or by anyone else using your account information, whether or not authorized by you.
You agree to use the Site in a manner consistent with any and all applicable rules and regulations. We reserve all rights and remedies available to us. You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of the Site (including any information, materials, products or services available through the Site).
The Site is not intended for children or minors under the age of 13 years without the permission of a parent or guardian. In addition, you must be at least 18 years of age to make a purchase on our Site.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof) and/or the information, materials, products and/or services available through the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site.
You or we may suspend or terminate your account, access or use of the Site at any time, or censor, edit or block your transmissions thereto, for any reason or for no reason, in our sole discretion. You are personally liable for any orders that you place or charges that you incur prior to termination.
Severability and Non-Waiver
Failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of any future enforcement of these Terms and Conditions. If any provision of these Terms and Conditions, or the application thereof, shall for any reason and to any extent be invalid or unenforceable, the remainder of these Terms and Conditions and application thereof to other persons and/or in other circumstances shall be interpreted so as best reasonably to effect the intent of the parties.
Law & Jurisdiction
These Terms and Conditions shall be subject to, governed by and construed under the laws of the State of Georgia in the United States of America, without regard to conflict of law principles. Access to, or use of, the Site or information, materials, products and/or services on the Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Site.
You agree that the sole jurisdiction and venue for any controversy or claim arising from the use of or orders made on the Site shall be in Walker County, Georgia.
These Terms and Conditions are personal to you and you may not assign or otherwise transfer any right or obligation under these Terms and Conditions except as permitted herein. We reserve the right to transfer, assign, license or subcontract all or any of our rights or obligations under these Terms and Conditions or any related contract to any third party.
If you have any questions or concerns regarding these Terms and Conditions, please contact us by telephone, email, fax or postal mail:
Pigeon Mountain Trading Company
P.O. Box 276
LaFayette, GA 30728
FAX (706) 638-8488