PIOB MHOR of SCOTLAND
TERMS & CONDITIONS
If you have any questions regarding our Terms and
Conditions please contact us at the following email address:
info@piobmhor-of-scotland.co.uk
If you prefer, you may also write to us at the following postal address:
Piob Mhor of Scotland Limited
39-43 High Street
Blairgowrie
Scotland
PH10 6DA
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees
to buy the Goods from the Seller.
1.2 "Consumer" means someone who buys Goods from the Seller and who
does so otherwise than in the course of a business;
1.3 "Contract" means the contract between the Seller and the Buyer
for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the goods and/or services that the Buyer agrees
to buy from the Seller;
1.5 "Seller" means Piob Mhor of Scotland Limited, a company incorporated
under the Companies Acts and having its registered office at:
37 - 43 High Street
Blairgowrie
Scotland
PH10 6DA
1.6 "Terms and Conditions" means the terms and conditions of sale
set out in this document;
1.7 "Website" means this website (or any other website belonging
to the Seller).
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory
rights as a Consumer.
2.2 These Terms and Conditions shall apply to all Contracts for the sale of
Goods or Services by the Seller to the Buyer and shall prevail over any other
documentation or communication from the Buyer. For the avoidance of doubt,
the Seller reserves the right to amend the Terms and Conditions at any time
without notice, and the terms and conditions applicable to each such Contract
between the Buyer and the Seller shall be those prevailing at the time of an
order being placed by the Buyer.
2.3 Submission by the Buyer of an order for Goods shall be taken as evidence
of the Buyer’s acceptance of these Terms and Conditions.
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 Hire Goods shall remain the property of Piob Mhor of Scotland at all times.
3.4 Goods made to Customers Specification – ( see Section 17 )
4 PRICE AND PAYMENT
4.1 Prices described on our web pages and price lists 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, or 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 / debit card will not normally be debited until the goods are
ready for shipping.
4.6 Deposits (Goods made to Customers Specification) - Work will not commence
until receipt of payment of the agreed deposit. The deposit covers the reasonable
cost of administration, ordering and supplying materials used in the production
of made-to-measure goods. In the event of cancellation or return, part or all
of the deposit may be retained to cover any reasonable costs incurred.
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)
or 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 Please allow between 8-12 weeks for the completion of made-to-measure,
personalised or custom made items.
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 cancel and receive a 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.
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 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 The cost of Return Delivery is the responsibility of the customer. If the
customer fails to return the goods, or sends them at our expense, the customer
will be charged for any costs. We recommend that goods returned are fully insured.
9.3 Goods should be returned unused and in the condition they were received.
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.
9.4 If the goods are faulty the cost of return delivery will be borne by the
Seller.
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
On confirmation of the order the Seller will provide the Buyer with -
15.1 The Sellers full geographic address, contact information, including telephone,
fax and e-mail address.
15.2 A description of the main characteristics of the goods or services being
offered.
15.3 Details of the price of the goods or services being offered, including
taxes where appropriate.
15.4 Details of any delivery costs
15.5 Details of how payment can be made.
15.6 Arrangements for delivery or performance of the service
15.7 Information regarding Cancellation Rights
15.8 Return Delivery – the cost of return delivery is the responsibility
of the customer. All reasonable care should be taken to ensure that the goods
are not damaged while in the customer’s possession. In the event that
the goods are damaged the customer will be responsible for the reasonable cost
of repair or replacement. If the customer fails to return the goods, or sends
them at our expense, the customer will be charged for any costs. If goods are
faulty the cost of return delivery will be borne by the Seller. We recommend
that returned goods are fully insured.
15.9 Prices are valid for 30 days. Payment must be received in full before
orders can be dispatched.
16 DISTANCE SELLING REGULATIONS – RIGHT TO CANCEL
16.1 Right to Cancel (Standard Goods) – should the Buyer decide to cancel
the goods they must advise us within seven working days, starting from the
day after the goods were received.
16.2 Right to Cancel (Standard Services) – should the Buyer decide to
cancel the service they must advise us within seven working 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.
17 GOODS MADE TO CUSTOMERS SPECIFICATION
17.1 In the event that the customer provides their own cloth or any other items
for made to measure or custom made goods, these are accepted on the basis that
the customer has checked the goods and are satisfied as to the quality, fitness
for purpose, durability, appearance colour, finish, and that the item is safe
and free from minor defects. Where accurate colour matching is required the
customer shall provide appropriate colour samples.
17.2 Delivery times (Goods made to the Customers Specification) - please allow
8-12 weeks from placing your order to completion. If your chosen fabric has
to be especially woven or sourced this period may require to be extended.
17.3 If additional goods or services are ordered at the same time, each item
or service will be treated as a separate order, subject to the same terms and
conditions.
17.4 Goods made to the Customers Specification - ( Cooling off period ) You
have seven working days after the contract was concluded to cancel the order.
Under these circumstances you will be entitled to receive a refund of any money
paid.
17.5 If you wish to cancel you must notify us in writing ( by post, email or
fax ).
17.6 You do not have a right to cancel where the goods are made to the customer’s
specification and the service has already commenced
17.7 If you have given permission for work to commence before the end of the
seven-day cancellation period and then cancel once work has commenced, you
may be charged for any reasonable costs incurred.
17.8 Deposits – work will not commence on the order until receipt of
payment of the agreed deposit. The deposit covers the reasonable cost of administration,
ordering and supplying materials (cloth, tartan, velvet, or other fabrics and
other supplies) used in the production of made to measure goods. You will be
advised of the amount of deposit required at the time of ordering. In the event
of cancellation or return, part or all of the deposit may be retained to cover
any reasonable costs incurred.
17.9 On receipt of the deposit the contract shall become binding between the
two parties.
17.10 Where specific goods or materials are obtained on the customer’s
request, the customer will be responsible for any direct and indirect costs
incurred. (including import duty / taxes, return delivery etc)
17.11 Self-Measures – Goods will be made to the customers measurements
provided at the time of ordering. We recommend that you are professionally
measured. Copies of our Self-Measure forms are available on request.
17.12 Customers will be advised of the price of goods / services (including
taxes) and payment methods at the time of ordering. Prices are valid for 30
days.
17.13 The Distance Selling Regulations do not provide the customer with the
right to cancel the order and receive a refund where the supply of goods is
to the customer’s own specification. Where the customer has received
and inspected the goods and is dissatisfied with the terms of the contract,
the Sale of Goods Act & the Supply of Goods & Services Act shall apply.
17.14 Where the customer requires that the goods be delivered we can provide
the customer with an estimate of the shipping costs at the time of ordering.
These are for guidance only as prices cannot be calculated until the parcel
is weighed and ready for shipping. You will be advised of the actual costs
prior to the goods being shipped.
18 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 non-exclusive
jurisdiction of the Scottish courts.
For further information about your statutory rights, please visit –
http://www.tradingstandards.gov.uk
Registered Office
Piob Mhor of Scotland Limited
37-43 High Street
Blairgowrie
PH10 6DA
Scotland
Tel: +44 (0)1250 872131
Fax: +44 (0)1250 873649
e-mail: info@piobmhor-of-scotland.co.uk
VAT No 762 0443 50
Company Registration No 215600 |
