Terms and Conditions
Terms and Conditions.
1. Obligation to Supply
a. We are only liable to supply You with those Goods which you describe accurately in your Order.
b.
Where You do not accurately describe the Goods, We will use Our reasonable endeavours to supply the correct Goods but You shall not rely on Our skill and judgment in selecting the Goods. We will accept the return of the Goods to Us and issue You a credit invoice if the Goods delivered do not match the description given in Your Order.2. Delivery
a.
We will despatch the Goods to the address specified within the order during normal business hours within 21 days of the date of receipt of your Order by standard postal service.b.
Where We cannot deliver, whether due to a Force Majeure Event or otherwise, in accordance with the timescales envisaged above, We will advise You and give You the option to cancel Your Order or to accept a revised delivery date. We may make a partial delivery of your Order where not all items are available.c.
We will arrange the return of the Goods and issue You a credit invoice where We are responsible, and You have been charged, for a duplicated delivery.d.
We may refuse to accept the return of any duplicate Order or to issue You a credit invoice where, in our reasonable opinion, the Goods were delivered in accordance with a valid Order. In those circumstances, unless we agree otherwise, You will remain liable to pay Us the Price specified.e.
Nothing in this clause 3 affects the rights of Consumers as set out in Clause 9 below.3. Damage or Loss in Transit
a.
We will replace at no extra cost to You any Goods (including Goods despatched under a Standing Order or a Subscription) damaged on or before delivery, provided that You notify Us of the damage by telephone or in writing as soon as is reasonably possible after receipt of the Goods.b.
Subject to clause 4(a) above, We will replace at no extra cost to You, any Goods which in Our reasonable opinion have been lost in transit provided that You notify us by telephone or in writing if the Goods fail to arrive within 28 days after the anticipated delivery date.4. Ownership of the Goods
a.
Ownership of the Goods will not pass to You until We have received full payment for them.b.
Until ownership of the Goods has passed to You:i. You are responsible for taking all necessary steps to prevent damage, loss or harm to the Goods and you shall insure the Goods at Your expense and for Our benefit; and
ii. You will hold the Goods as bailee and will resell them on Our behalf as Our agent if we instruct you to do so.
c.
If You become insolvent before We have received full payment for the Goods, We may take the Goods back at Your expense.5. Warranty
a.
We warrant that the Goods are of a satisfactory quality and reasonably fit for their normal purpose. We do not give any other warranties in respect of the Goods, their condition or delivery, and any warranties implied by statute are excluded to the fullest extent permissible under law.b.
We do not offer any warranties as to the accuracy or completeness of the information contained in any of the Goods.c.
These Terms and Conditions do not affect any statutory rights You may have.d.
If you believe that the Goods are not of a satisfactory quality, You may, within 30 days of delivery, notify Us in writing stating the reason for Your dissatisfaction. If we authorise return of the Goods and they are returned to Us in their original condition and at Your expense, We will promptly replace them or refund the Price of such Goods.6. Intellectual Property Rights
You will not do, or permit to be done, anything that may detrimentally affect Our copyright, trade marks or any other intellectual property rights in the Goods.
7. Cancellation of Order
a.
Where You are a Consumer, You may cancel Your Order without giving any reason by notifying us in writing (or by e-mail) within 7 working days from the date of receipt of the Goods.b.
In the event that You are a Consumer and You choose to cancel your Order and return the Goods to Us in accordance with this clause, we will refund the Price to You. You will be responsible for the cost of returning the Goods to Us.8. Waiver & Severability
a.
Our failure to exercise or delay in exercising any of Our rights or remedies under these Terms and Conditions does not constitute a waiver of such rights or remedies.b.
If any provision of these Terms and Conditions is found by a court or administrative body of competent jurisdiction to be invalid or unenforceable, it shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.9. Variation
These Terms and Conditions are the only terms which apply to this Contract. Any variation to these Terms and Conditions is valid only if it is agreed in writing by Our Head of Sales.
10. Headings
The headings used in these Terms and Conditions are for guidance only and shall not affect the interpretation of these Terms and Conditions.
11. Governing Law and Language
a.
These Terms and Conditions shall be governed by Scottish Law and shall be subject to the non-exclusive jurisdiction of the Scottish courts.b.
These Terms and Conditions are written in the English language and all notices and communications shall be in the English language. In the event that these Terms and Conditions are translated into another language, the English language text shall prevail.