Terms and Conditions
Welcome to www.pinaelegance.com. Pina Elegance is part of Rustics For Less, Inc. Pina Elegance (“www.pinaelegance.com”) owns and operate this Website. This document governs your relationship with www.pinaelegance.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by www.pinaelegance.com.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.pinaelegance.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.pinaelegance.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.pinaelegance.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.pinaelegance.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.pinaelegance.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.pinaelegance.com or may in some cases be a third party. Where a contract is made with a third party www.pinaelegance.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you or we cancel the order for the reason mentioned above and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d)Warranty, Refunds, Cancellation or Exchanges
At Pina Elegance we make our best effort to sell and ship high quality products. Before any shipping, we do an inspection on the merchandise purchased to make sure we ship a product with the highest quality that our customers are expecting. But sometimes things don’t go as we all expected.
If the item has a manufacturing defect covered by our warranty policy we will repair or replace the damaged parts for the item. Depending on the damaged we might be able to mail you a repairing kit, a new part (door, pull, hinge, etc.) or a new item at our expense.
Pina Elegance limited warranty for products purchased through www.pinaelegance.com and/or by phone is for 30 days from the date the product is delivered in the final shipping address. Pina Elegance limited warranty for products purchased in store locations is for 30 days from the date of the invoice.
Most of our furniture products are solid wood products and are made of steamed wood which makes them vulnerable to changes due to room temperature and moisture. Wood may contract or expand creating changes in the wood adding character to the product. Wood natural marks and knots will vary for each product purchased. Warranty does not cover any contractions, expansions, cracks created by contractions and/or expansions, wood warping, differences in wood natural color and marks (natural cracks, knots, grains, wood tone, simulated worm holes and other natural marks of wood) or changes in color over time of the wood or any material from any of the products.
Most products have rusted and not rusted hardware: pulls, hinges, nail heads (conchos), screws, bolts, nails, fasteners and nuts. These hardware products are hand placed in the furniture products. Warranty does not cover variation in colors, variation in texture and variation of location for any of these hardware products.
Some products have slate which is vulnerable to changes due to room temperature and moisture. Slate will vary in color and form adding character to the product. Slate natural color, marks, cracks, scratches, stains, holes and bumps will vary for each product purchased. Warranty does not cover any contractions, expansions, cracks created by contractions and/or expansions, differences in slate natural color and marks (cracks, scratches, stains, holes and bumps, etc.) or changes in color over time of the slate or any material from any of the products.
Following care recommendations will prevent damage in the product:
-Avoid exposing any piece directly to the sunbeam. Not for outdoor use unless is specified in products description.
-In case of water spills, clean softly immediately with a dry rag, not doing it could denote to lose color in its original finish. It is recommended to use coasters or place-mats whenever you have liquids or food on top of a surface of the product.
- For cleaning purposes, frequent dusting with a dry cloth is recommended. Never use a wet cloth to clean your products.
- For products that have a wax finish it is recommended for wood maintenance, every six months to a year you can re-wax it with a natural color paste wax or similar wax products depending on how much wear the furniture receives.
Warranty does not cover improper use and improper care that causes any damage to the product. Not following care recommendations will void this warranty.
For products with fabric this Warranty does not cover fabric snagging, pilling, fading, shrinkage, stretching, scratching or staining of the fabric.
This Warranty does not cover lost or stolen products, damage from normal wear and tear, negligence or abuse, fire, accidents, improper cleaning and care. Nor does it cover damage caused by cuts, burns or pets. Any conditions or defects resulting from misuse, rental or commercial use, alterations or recovering of original fabric, wood or any material that is part of the product are excluded from this warranty. As mentioned above, minor imperfections like cracks, expansion and contraction of wood, slate or any other material; quantity and positions of knots and natural marks in wood; quantity of cracks, lines, bumps, holes in slate; and color variations in wood, slate and other materials are not considered defects.
For shipped orders, this warranty does not cover any damages created during the time of unloading the products at the final address destination. Pina Elegance will not take responsibility for any personal injuries, damage to personal properties, vehicle, items purchased or subsequent damage as a result of the unloading of the products that were purchased. Customers are advised that most of the products are heavy and will arrive in a box or a pallet. It is highly recommended to have minimum 2 people to receive the item purchased.
In case of any damage or defect in the purchased product that are not caused by shipping services, Pina Elegance has to evaluate the defect of the product purchased by the client. The customer has to provide photos and a description of the problem to the following email address: email@example.com
Pina Elegance will analyze the situation and pictures to make a decision if the warranty covers the product so we can proceed to a repair, exchange or return.
If you are not completely satisfied with the product you received, you have 7 days after the date you received the product in your address (shipping address destination arrival date) to contact us at firstname.lastname@example.org so you can get an exchange, credit in store (only available in store locations purchases) or refund (refunds available only for online purchases).
-All online or phone orders that are returned are subject to a 20% restocking fee.
-Delivery and Shipping fees are NON-REFUNDABLE.
-You will be responsible for return shipping or delivery costs in the case of a return of a product.
-For international orders, if duties and taxes are imposed on your return order, they are due at time of delivery. You are responsible for the payment of these charges. These charges will be deducted from your refund.
Damaged items during shipping
For online and phone orders, when receiving your merchandise from the shipping companies, if you find notorious damages in the packing that have damaged the product during transportation, take pictures and decline receiving the product. Make sure you specify with the shipping company that is damaged and that is why you are declining it. Contact us as soon as possible with pictures of the damaged packing product at email@example.com so we can file the claim with the shipping company and send you a new replacement product. In case you do not take pictures of damaged packing and product we will not be able to file the claim and start the refund or exchange process.
Damaged items during shipping and receiving it from shipping company
Starting from the date you receive your order from the shipping company you have 48 hours from that date to inspect your products for damages. In case you notice any damage, you need to contact us in the same time frame of the 48 hours after receiving the product at firstname.lastname@example.org so we can file a claim with the shipping company. After 48 hours from date of item receipt we are not able to file a claim with the shipping company. After 48 hours from date of item receipt it will be subject to the product return policies and restocking fees.
Returns and exchanges are only available for items that were shipped in the U.S.
To accept a return, item has to be in its original packaging and original purchase condition, unused and with all original tags.
We don’t accept returns on gift cards, special orders, custom orders, final sale items, as-is items and clearance items.
Valid returns will be exchanged, credited or refunded (only online and phone purchases) for the amount paid for the product. Shipping and handling charges are NON-REFUNDABLE.
When the product arrives to its final destination address and you refuse to receive the item for any reason except visible damaged item, there will be no refunds. Damaged items should be notice to the delivery guy form the shipping company and pictures must be taken of damage in packing and product.
Duties and Taxes might be charged for orders shipping to destinations outside the United States. If duties and taxes are imposed on your order, they are due at time of delivery. You are responsible for the payment of these charges.
We recommend that you consult your local customs office for more details about your country's duties and taxes. Pina Elegance is not responsible for any import taxes, duties, or brokerages fees which may be incurred on your international order shipment.
If you decline to pay the taxes due upon delivery of your order, the package may be abandoned or destroyed. There are no refunds if this situation occurs.
To cancel an online or phone order you have to fill out the cancellation form in the website as soon as possible after doing the purchase. For online and phone orders, once an order ships from the warehouse it can no longer be cancelled and it will be subject to the product return policies and restocking fees.
For store location orders, once the order is paid it can no longer be cancelled. There are NO REFUNDS only exchanges or credit in store when doing store locations purchases.
Pre-order items are non-refundable and cannot be cancelled for any reason.
Cancel your order procedure
Your order start processing as soon you click "Process Order". In case you choose the wrong product or want to cancel your order, you are able to do it, but the order can only be cancel if the product has not been shipped. If the order has not already been shipped it can be cancel.
The process to cancel the order in case your product has not been shipped is:
- Fill out the cancellation order form.
- The most important information that you need when you are feeling the form is the order number, date from the order and the name of the products that you order.
- As soon our representatives receive your form will start the process to cancel your order. The representative will send you an email to notify you that your has been cancel and that your refund is being process.
- The total refund from your order take approximately 5-10 business days but it also depends on the credit card companies.
In case has already being shipped and your order could not be cancel you could return the product in accordance to our refund policy.
- e) Pre-order items
Items that are pre-ordered take approximately 10-12 weeks to arrive to our warehouse so it can be shipped. Pre-order items are requested directly to the manufacturer in Mexico, that is why it takes time to be deliver to the final destination. If the items arrive before the 10-12 weeks we will let you know so we can send it to you as soon as possible.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.pinaelegance.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.pinaelegance.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.pinaelegance.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.pinaelegance.com.
You agree to indemnify, defend and hold harmless www.pinaelegance.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
If I file a lawsuit against Pina Elegance, it must be filed in the Third Judicial District of New Mexico. New Mexico law governs this Agreement. This Agreement is severable: if any part is unenforceable, the remainder is in force and effect.
www.pinaelegance.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.pinaelegance.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.pinaelegance.com.