3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods in accordance with these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
3.3 There is no automatic right to a refund for made-to-measure, personalised or custom made items. Any refunds for these goods are at the discretion of the management.
3.4 Hire Goods shall remain the property of Piob Mhor of Scotland at all times.

4 PRICE AND PAYMENT
4.1 Prices described on our web pages exclude delivery charges and are subject to change without notice. You will be advised of the cost of delivery prior to shipping. We are happy to provide customers with an estimate of shipping charges prior to placing an order
4.2 The total purchase price, including VAT, will be provided on confirmation of the order. Overseas Buyers are reminded that they are responsible for any Import Duties / Local Taxes that may be charged.
4.3 After the order is received the Seller shall confirm by email, telephone or by letter the details, description and price for the Goods.
4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods. Payment may be made by any of the credit or debit cards accepted by the Seller, ( Visa, Mastercard, American Express, Maestro ).
All orders are subject to authorisation of payment by the relevant card issuer prior to despatch of the Goods (or, as the case may be, delivery of any Goods which consist of services).
4.5 Your credit card will not normally be debited until the goods are ready for shipping.
4.6 For made-to-measure or custom-made goods a non-refundable deposit is required in advance.

5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on its Website or Price Lists at its discretion.
5.2 The Seller reserves the right to withdraw any Goods from its Website(s) / Price Lists at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from its Website(s) / Price Lists, or for refusing to accept an order.

6 COPYRIGHT
6.1 Unless otherwise agreed in writing, all Intellectual Property rights relating to goods or services provided between the parties shall remain the property of Piob Mhor of Scotland who shall own all intellectual property rights / copyright of all designs, drawings, sketches, templates, whether printed, woven, displayed in electronic form or distributed by electronic means ie e-mail, internet, the world-wide-web or stored in electronic form CD, DVD, etc.
Where the Buyer requires the Copyright of a Design assigned to them, a separate agreement shall be reached. The full amount of any Assignation Fees to be paid in advance. The Buyer shall also indemnify Piob Mhor of Scotland on demand against all costs, claims, damages and expenses, directly or indirectly, arising out of any breach or alleged breach of any third party intellectual property rights resulting from the clients instructions, expressed or implied, including but not limited to compliance with any instructions from the client in relation to services provided by Piob Mhor of Scotland.
6.2 All text and images published on our Website(s), Brochures or Price Lists remain at all times the property of Piob Mhor of Scotland Limited. - no part of which may be reproduced, stored in an electronic retrieval system, or transmitted in any form, or by any means, electronic, recording or otherwise, without the prior permission of the owners.

7 WARRANTY
7.1 As the Seller is unable to describe every detail of the Goods in their Website(s) Brochures & Price Lists, each description is abbreviated and is correct at the time of input. Where accurate colour matching is required the Buyer should provide appropriate colour samples. The Seller reserves the right to alter the specification/description of Goods and Services without notice.
7.2 Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded. Any recommendation or suggestion relating to any of the Goods and made by the Seller is given in good faith. but it is for the Buyer to satisfy himself as to the suitability of the Goods for the Buyer's purposes.
7.3 The Goods may consist of goods and/or services to be delivered online. In such circumstances, the Seller shall have no liability for any temporary unavailability of such Goods due to any failure of the Website, any telecommunications system and/or the world wide web in general, including any downtime of the Website due to planned or emergency maintenance.

8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 30 days of receipt of order.
8.2 Goods supplied outside the UK will normally be delivered within 30 days of receipt of order.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. Notwithstanding the foregoing, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. (Please allow up to 12 weeks for the delivery of made-to-measure, personalised or custom made items.)
8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

9 CANCELLATION AND RETURNS
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 30 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are defective.
9.3 Goods should be returned unused and in the condition they were received.
9.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9.5 If you are a Consumer you have statutory rights under the Consumer Protection (Distance Selling) Regulations 2000. ( see below )

10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever suffered by the Buyer.

11 PRIVACY
11.1 Any information given at the time of your order will not be disclosed to any third party. All information is collected in accordance with the Data Protection Act 1998 and is used only for the processing and administration of orders.

12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

13 LEGISLATION
All Goods are covered by the Sale of Goods Act 1979, Supply of Goods and Services Act 1972, Sale and Supply of Goods Act 1994, Distance Selling Regulations 2000 and The Sale and Supply to Consumers Regulations 2002. All Goods shown on our Website(s) and Price Lists are invitations to treat and are not themselves offers.

14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to change these Terms and Conditions at any time.

15 DISTANCE SELLING REGULATIONS
15.1 On receipt of the order the Seller will provide the Buyer with full details of the Sellers postal address and contact information, including telephone, fax and e-mail address.
15.2 If a Deposit is requested the Seller will advise the Buyer of the amount required.
15.3 The Seller will also provide (where possible) an estimate of the total price of any shipping / postage costs, VAT charges ( if applicable ), and the anticipated delivery time.
15.4 The Seller will explain arrangements for the payment of goods / services, and discuss with the Buyer method of delivery. Prices are valid for 30 days.

16 DISTANCE SELLING REGULATIONS – RIGHT TO CANCEL
16.1 Right to Cancel ( Goods ) – should the Buyer decide to cancel the order they must advise us within seven days, starting from the day after the goods were received.
16.2 Right to Cancel ( Services ) – should the Buyer decide to cancel the service they must advise us within seven days, starting from the day after the contract was made.
16.3 On cancellation, the Goods shall remain at the risk of the Buyer until restored to the Seller and the Buyer is required to take reasonable care of the Goods until that time. The Seller reserves the right to claim for any loss in value to the Goods, due to damage, while at the Buyer's risk.For more information on your right to withdraw from your purchase within the seven working day cooling off period, visit the Department of Trade and Industry's Web site at:
http://www.dti.gov.uk/ccp/topics1/guide/homeshop.htm#cooling
For further information about your statutory rights, please visit –
http://www.tradingstandards.gov.uk/cgi-bin/callist.cgi

17 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

GUARANTEE OF SATISFACTION
If, for any reason you are not happy with any purchase please return it to us in its original condition within 30 days of the date received and we will refund you the cost of the item. In these circumstances the cost of returning the goods will be the responsibility of the Buyer. We recommend that any goods returned are fully insured. A 10% re-stocking fee will be charged for this service.

RETURNS ADDRESS
Piob Mhor of Scotland Limited
37-43 High Street
Blairgowrie
PH10 6DA
Tel: +44 (0)1250 872131
Fax: +44 (0)1250 873649
e-mail: info@piobmhor-of-scotland.co.uk

VAT NUMBER
Piob Mhor of Scotland Limited is registered for VAT.
Our VAT number is : 762 0443 50