TERMS AND CONDITIONS OF BUSINES OF
Askival of Strathearn
The following expressions shall have the following meanings:
1.1 “Supplier” means Askival of Strathearn of Askival, Kirkton of Mailer, Perth PH2 0ST
1.2 “Customer” means any person who purchases Services and/or Products from the Supplier;
1.3 “Proposal” means a statement of work, quotation or other similar document describing the Services and/or the Products;
1.4 “Services” means the services as described in the Proposal and includes any materials required to complete the work;
1.5 “Products” means any products supplied by the Supplier to the Customer;
1.6 “Terms and Conditions” means the terms and conditions of supply of Services and/or Products set out in this document and any subsequent terms and conditions agreed in writing by the Supplier;
1.7 “Order” means the formal acceptance by the Customer of the Proposal;
1.8 “Agreement” means the contract between the Supplier and the Customer for the provision of the Services and/or Products incorporating these Terms and Conditions;
1.9 “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for;
1.10 “Adjudicator” is the party nominated to resolve a dispute between the Customer and the Supplier.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services and/or Products by the Supplier to the Customer and shall supersede any other documentation or communication between the Supplier and the Customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services and/or Products, by virtue of any statute, law or regulation.
3.1 The Proposal for Services and/or Products is attached to these Terms and Conditions.
3.2 The Proposal for Services and/or Products shall remain valid for a period of 30 Days.
3.3 The Proposal must be accepted by the Customer in its entirety.
3.4 The Customer shall be deemed to have accepted the Proposal by placing an Order with the Supplier.
3.5 The Agreement between the Supplier and the Customer, incorporating these Terms and Conditions, shall only come into force when the Supplier confirms an Order in writing to the Customer. Prior to any confirmation the Supplier has the right to refuse any Order.
4 SERVICES, PRODUCTS AND DELIVERY
4.1 The Services and/or Products are as described in the Proposal.
4.2 Any variation to the Services and/or Products must be agreed by the Supplier in writing.
4.3 Any drawings, descriptions or specifications contained in advertising material, brochures or catalogues issued by the Supplier are for the sole purpose of giving an approximate idea of the Products and/or Services and will not form part of any Agreement unless otherwise agreed in writing by the Supplier.
4.4 Dates given for the delivery of Services and/or Products are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the Supplier shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.
5 PRICE AND PAYMENT
5.1 The price for Services and/or Products is as specified in the Proposal and is inclusive of VAT any other charges as outlined in the Proposal. Carriage charges will be invoiced if not outlined in the proposal.
5.2 The price for any materials required to complete the Services is as specified in the Proposal.
5.3 The terms for payment are as specified in the Proposal.
5.4 The Customer must settle all payments for Services and/or Products 7 days from the invoice date.
5.5 The Supplier is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to the Supplier is late.
5.6 The Customer is not entitled to withhold any monies due to the Supplier unless appropriate notice of not less than 7 days prior to the payment date is given. The amount to be withheld and the reasons must be clearly specified.
5.7 The Supplier is entitled to vary the price to take account of:
5.7.1 any additional Services and/or Products requested by the Customer which were not included in the original Proposal;
5.7.2 any increase in the cost of materials;
5.7.3 any additional work required to complete the Services which was not anticipated at the time of the Proposal;
and any variation must be intimated to the Customer in writing by the Supplier.
6 CUSTOMER OBLIGATIONS
6.1 Inform us as soon as possible if there is possibility of weight gain or loss. If at mid fitting and final fitting the Customers measurements have a variation from initial measurement of greater or less than 1.5 inches, a charge will be made for the extra time to amend the kilt construction
6.2 The Customer shall be liable for any expenses incurred by the Supplier as a result of the Customers failure to comply with the obligations as defined by these Terms and Conditions.
6.3 The accuracy of any measurements provided by the Customer without being checked by the Supplier for the supply of Products only shall be the responsibility of the Customer and any expenses incurred by the Supplier as a result of inaccurate sizes shall be met by the Customer.
7 SUPPLIER OBLIGATIONS
7.1 The Supplier shall supply the Services and/or Products as specified in the Proposal.
7.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.
7.3 The Supplier shall comply with all relevant health and safety regulations.
7.4 The Supplier shall ensure that all necessary permissions required to provide the Services and/or Products are current.
7.5 The Supplier shall hold valid employer and public liability insurance policies.
8.1 The Customer may cancel an Order for Services and/or Products by notifying the Supplier in writing within 7 days of placing the Order and any monies paid by the Customer will be refunded in full.
8.2 If the Customer does not notify any cancellation within the time specified in Clause 8.1 any monies paid will not be refundable.
9 INSPECTION OF PRODUCTS AND SERVICES
The Customer shall inspect the Products and/or the Services on delivery and notify the Supplier of any damaged, missing or defective items or work within 7 days from the date of delivery.
10 DEFECTIVE PRODUCTS AND SERVICES
10.1 The Supplier guarantees that the Services and/or Products will be free from defects in materials and/or workmanship for a period of 1 year from the date that the Services and/or Products were supplied.
10.2 Clause 10.1 does not apply:
10.2.1 if a fault arises due to any subsequent mechanical, chemical, electrolytic or other damage not due to a defect in the Services and/or Products after risk has passed to the Customer;
10.2.2 if a fault arises due to willful damage, abnormal working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, improper maintenance or negligence on the part of the Customer or a third party.
10.3 If the Services and/or Products are found to be defective in accordance with these Terms and Conditions then the Supplier shall, at their sole discretion, either repair, re-perform or replace the Services and/or Products or refund any monies paid for the defective Services and/or Products.
10.4 If the Customer has not paid for the Services and/or Products in full by the date the defect in Services and/or Products is notified to the Supplier then the Supplier has no obligation to remedy the defect in terms of this Clause10.
11 PROPERTY AND RISK
11.1 Risk in the Products or in any property or materials used to provide the Services shall pass from the Supplier to the Customer when the Products or property or materials leave the premises of the Supplier or on delivery if the Supplier is transporting the items.
11.2 Adequate insurance should be held by both parties to protect the Products or any property or materials that are within their care.
11.3 Title or ownership of any property or materials belonging to the Supplier remains with the Supplier until payment is received from the Customer in full.
12.1 The Agreement shall continue until the Services and/or Products have been provided in terms of the Proposal or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
12.2 The Customer may terminate the Agreement if the Supplier fails to comply with any aspect of these Terms and Conditions and this failure continues for a period 1 month after notification of non-compliance is given.
12.3 The Supplier may terminate the Agreement if the Customer has failed to make over any payment due within 1 month of the sum being requested.
12.4 Either party may terminate the Agreement by notice in writing to the other if:
12.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
12.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances.
12.5 In the event of termination the Customer must make over to the Supplier any payment for work done and expenses incurred up to the date of termination.
12.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
13 INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights, know-how text, photographs, logos, illustrations and videos remain the property of the Supplier and cannot be used by the Customer without the written permission of the Supplier. You may not copy, repost, modify or distribute any of the aforementioned items or any part of this website for any reason without our consent.
14 FORCE MAJEURE
Neither party shall 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 party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Askival of Strathearn
Kirkton of Mailer
HOW WE USE YOUR PERSONAL DATA
16.1 Askival of Strathearn Website (“Site”) on the World Wide Web.
By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these terms.
16.2 Ownership of rights and trademarks
All rights to this website are owned by Askival of Strathearn. All materials on this website, including text, photographs, logos, designs, illustrations and videos are copyrights, trade marks and/or other intellectual property which are either owned by us or used with the permission of their owners. You may not copy, repost, modify or distribute any of the aforementioned items or any part of this website for any reason without our consent.
16.3 Accuracy of Content
Askivalof Strathearn has taken every care to ensure that all photographs and descriptions on this site are a fair representation of the products for sale. Where possible, actual sizes are detailed with each item however some products may display larger or smaller than their actual size.
Colours may vary slightly both due to minor errors from reproduction and variability of displays of computer monitors. Tartans in particular can vary significantly. The same tartan may be woven by more than one mill using differing dyes and thread counts (patterns) and shades may vary between different bales of cloth woven in the same tartan by the same mill.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
You will notify us immediately of any changes to the Personal Information by using our contact page.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
16.7 Our rights
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website
16.8 Limitation of Liability
While we will try to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The Website is presented on an “as is” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on our through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealings or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract
16.9 Cancellation Rights
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
Any loss of goodwill or reputation
Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Although we accept that we are obliged to take every reasonable step to ensure authenticity of your credit/debit card transactions, we are not held liable for any damage or loss due to any misuse by any other person of your credit or debit card details.
16.10 Law and jurisdiction
This website and any content therein along with and contract brought into being as a result of usage of this website are governed by Scottish Law.
16.12 Availability and Pricing
All items are subject to availability. We will endeavour to inform you as soon as possible if any items within your order are not available.
We take considerable care to ensure our prices and descriptions throughout are site are accurately displayed. However we recognise that mistakes can occur and we reserve the right to correct these when they happen. Additionally prices of items are subject to change without notice.
All orders are charged in UK Pounds Sterling. prices displayed in other currencies are for guidance only and are converted at current exchange rates. The actual charge in your local currency will be calculated by your bank when the order is processed.
16.13 Taxes and Duties
Sales to addresses within the European Union are subject to Value Added Tax (VAT) although certain goods such as children’s clothing may be exempt. Shipments to addresses out with the European Union (including North America) are not charged VAT.
Please note similar to all international retailers, we can take no responsibility for such taxes and can accept no responsibility for duties and other import taxes which certain countries (or states) may apply to your order. By placing your order with us you are assuming all responsibility for the legality of personally importing the products in question.
Furthermore if you prevent delivery of the goods by, (for example) failing to supply the courier or your local customs, tax office with necessary information or documentation, or failing to pay local customs, taxes or courier’s administration fees so your package is returned to us, any resulting return postage or courier’s administration fees incurred will be deducted from the amount refunded to you in respect of that order.
16.14 Ordering Errors
We request that you check orders prior to submission. Changes can be made to orders up to the point of ‘submitting’ the order.
16.15 Returns Policy
Please note that the following Cancellation & Returns Policy does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
16.16 28-DAY RETURNS GUARANTEE
We want you to be totally satisfied with anything that you purchase from the Askival of Strathearn website. Therefore, if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 28 days of the date of despatch.
The exception to this is goods made to your personal requirements or specifications (e.g. a kilt made to your own specific measurements in a particular tartan). In these circumstances we can accept no returns unless we have not supplied the goods to the specifications given to us by you the customer.
Please note that you will be responsible for the costs of returning an item under this 28-Day Returns Guarantee including any re-importation taxes unless the goods supplied are faulty.
Should you wish to return an item please contact us before doing so to ensure this can be done in a timely and effective manner. Returned items must be sent back to us in their original packaging with any related accessories and the relevant receipt.
We recommend goods are returned using a secure and traceable shipping method as they remain your responsibilty until they are received back to us. You can then either exchange the item for something else or receive a full refund of the price paid (excluding any delivery charges and card processing charges). The refund will be made to the card used when placing your order.
Askival of Strathearn
Kirkton of Mailer