In General
Trooperbay (“trooperbay.com”) owns and operate this Website. This
document governs your relationship with Trooperbay (“trooperbay.com”).
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
Trooperbay (“trooperbay.com”). Trooperbay (“trooperbay.com”) has no control over the Linked
Sites and accepts no responsibility for them or for any loss or damage that may arise from your
use of them. Your use of the Linked Sites will be subject to the terms of use and service
contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at
trooperbay.com.com/privacy. By using this Website, you consent to the processing
described therein and warrant that all data provided by you is accurate.
Prohibitions
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 trooperbay.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 trooperbay.com or
its licensors and are protected by copyright laws and treaties around the world. All such rights
are reserved by trooperbay.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 trooperbay.com you must be over 18 years of age and
possess a valid credit or debit card issued by a bank acceptable to us.
pinerychristmastrees.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 trooperbay.com or may in some cases be a third
party. Where a contract is made with a third party trooperbay.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
While 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 canceling it. If we are unable to contact you we will treat the
order as cancelled. If you cancel 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’.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to
ensure there are sufficient funds to fulfill 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 despatched 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.
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 trooperbay.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 trooperbay.com’s liability for death or personal injury arising from
its negligence, fraudulent misrepresentation, 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 trade marks and content, services and/or locations featured on this Website are in no
way associated, linked or affiliated with trooperbay.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 trooperbay.com.
Indemnity
You agree to indemnify, defend and hold harmless trooperbay.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.
Variation
trooperbay.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.
Invalidity
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/subclause
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 /subclause
as is permitted by law.
Complaints
We operate a complaints 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.
Waiver
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.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any
and all preceding and contemporaneous agreements between you and
pinerychristmastrees.com. Any waiver of any provision of the Terms of Service will be effective
only if in writing and signed by a Director of trooperbay.com.