| All contracts for the sale of products (which for
the purposes of these conditions shall be "the Products") by or on behalf
of House of Tartan ("us") are subject to the following terms and conditions:-
- INTERPRETATION
In these terms and conditions:-
- "CONDITIONS" means these terms and conditions and includes
any special terms and conditions agreed in writing between the Customer
and the Seller;
- "CONTRACT" means the contract for the sale of the Products;
- "YOU" means the Customer;
- "DELIVERY ADDRESS" means the delivery address stated in
the Order;
- "ORDER" means the Customer's purchase order;
- "PRICE" means the price of the Products
- APPLICATION
These Conditions apply to all sales of the Products by us to you and shall
apply in place of and prevail over any terms or conditions contained or
referred to in your order or in correspondence or elsewhere or implied
by trade, custom or practice. No variation of these Conditions shall be
binding upon us unless made in writing and signed by one of our Directors.
- ORDERS
Orders made by you must be submitted electronically to our Web Site and
are in all cases subject to acceptance by us.
- DELIVERY
4.1 We shall endeavour to take all reasonable steps to comply with delivery
dates quoted. We will not be liable for any failure delay or error in delivery.
4.2 Except in the case of Products specifically insured by Us (see 4.3),
delivery shall take place as soon as the Products have left our premises.
Risk will pass at the time of posting and you should arrange for the appropriate
insurance cover for products in transit. We will not be responsible for
any loss or damage to the Product after they have been posted.
4.3 All Products shipped overseas, by International Courier (Fedex) or
by "Airmail Signed For" (Royal Mail), are insured by Us. The
cost is included in the shipping charges. Products shipped within
the UK by Courier are insured up to a value of £250. Products,
which are sent by the regular UK postal service or by regular Airmail,
are not insured by Us.. (see 4.2)
- TERMS OF PAYMENT
5.1 The prices shall be as set out in our Web Site as varied from time
to time. All prices are shown exclusive of VAT. (But VAT inclusive price
may be shown alongside depending on the locale of the user.)
5.2 Prices do not include the following for which you are additionally
liable:
5.2.1 postage and packaging costs (which may vary from time to time):
5.2.2 any relevant taxes due in the country of the recipient. (In
Europe VAT is charged at the time of purchase. In other countries, tax
is charged by the local customs office, and may be collected by the courier
before goods are delivered)
Payment for an order shall be made by credit or debit card. It is a crime
to use a false name or a known invalid credit or debit card to order. Anyone
caught wilfully entering an erroneous or fictitious order will be reported
to the relevant authorities and may result in prosecution. Each electronic
entry carries the computer coding of the Internet provider through which
the individual can be traced.
- FAILURE TO MAKE PAYMENT
If you do not pay on the date specified above we will be entitled, without
prejudice to any other right or remedy it may have, to terminate this Contract,
cancel or suspend any further deliveries to you under any Order.
- INSPECTION
It shall be your responsibility to inspect and check the Product as soon
as reasonably practicable after delivery and in any event, not more than
five (5) days after delivery to ensure that the quality, condition, quantity
and specification of the Product conform to the instructions contained
in the Order.
- LIABILITY
8.1 In the case of "made to order" items, no return or refund
can be made unless the Product is defective in quality or condition or
that they fail to meet the specification.
8.2 In the case of "hand made" or "hand loom" items,
the specification shall be deemed to be less exact and a greater degree
of tolerance with regard to stitching and tensioning will be deemed to
be within specification.
8.3 We will not be liable to you for any shortfall in the quantity of Products
delivered unless you inspect the Product and notify us of any claim in
accordance with Condition 7.
8.4 We will not be liable to you for any claims that the Product is defective
in quality or condition or that they fail to meet the specification unless
notified to us within the period specified in Condition 7.
8.5 Where any claim based on defects in quality or specifications is notified
to us within the period specified in Condition 7, we shall replace the
Product (or the part in question) free of charge, or at our discretion,
refund to you the price of the Product (or a proportionate part of the
price) or provide you with credit against future orders (but we shall have
no further liability to you).
8.6 EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS NO WARRANTY, CONDITION,
UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO
THE CONDITION, QUALITY, PERFORMANCE, DURABILITY OR FITNESS FOR PURPOSE
OF THE PRODUCTS IS GIVEN OR ASSUMED BY US AND ALL SUCH WARRANTIES, CONDITIONS,
UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED INSOFAR AS PERMITTED BY LAW.
8.7 WE SHALL NOT IN ANY CASE BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR
DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT OR SIMILAR LOSS OR
DAMAGES (INCLUDING ALL MANNER OF COSTS, FEES AND EXPENSES) ARISING FROM
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE HOWSOEVER
EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS AND INSOFAR AS PERMITTED
BY LAW.
- SEVERANCE
If any provision of these Conditions or any part thereof is held by any
competent authority to be invalid or unenforceable in whole or in part
the validity of the other provisions of these Conditions and the remainder
of the provision in question shall not be affected thereby.
- GOVERNING LAW AND JURISDICTION
These Conditions shall be governed and construed in accordance with the
laws of Scotland and the parties hereby submit to the non-exclusive jurisdiction
of the Scottish courts.
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