Ts & Cs

 

TERMS AND CONDITIONS OF SALE OF WWW.ABERDEENSHIRELOGS.CO.UK

 

1          DEFINITIONS

1.1       “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;

1.2       “Consumer” shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;

1.3       “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

1.4       “Goods” means the articles (including any digital content) that the Buyer agrees to buy from the Supplier;

1.5       “Services” means the services that the Buyer agrees to buy from the Supplier;

1.6       “Supplier” means Mr Nicholas Underhill of Boddam Cottage, Insch, Aberdeenshire AB52 6LF that owns and operates www.aberdeenshirelogs.co.uk;

1.7       “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

1.8       “Website” means www.aberdeenshirelogs.co.uk.

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 and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3       Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4       Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.5       Any special conditions applying to the provision of the Services are set out in Schedule 1 to this agreement.

2.6       Any complaints should be addressed to the Supplier’s address stated in clause 1.6.

3          ORDERING

3.1       All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier.  The Supplier 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 within 14 days.

3.3       When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the “Paying Online or In-Person” section of the Website.

4          PRICE AND PAYMENT

4.1       The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT.

4.2       The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. 

4.3       After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer. 

4.4       Payment of the price plus VAT, delivery and other charges, if applicable, must be made in full before dispatch or delivery of goods unless mutually agreed otherwise.

4.5       Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.

4.6       Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

5          PERFORMANCE OF SERVICES

             Not applicable

6          RIGHTS OF SUPPLIER

6.1       The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.  The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

6.2       The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.

6.3       The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.

7          AGE OF CONSENT

7.1       Where Goods may only be purchased by persons of a certain age, the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods. In the case of this website, the age restricted product is the Long-Nose Gas Lighter.

7.2       If, before delivery, the Supplier discovers that the Buyer is not legally entitled to order/purchase Long-Nose Gas Lighters, the Supplier shall be entitled to cancel the order, or that part of the order to which the age restriction applies, immediately, without notice. 

7.3   Any Long-Nose Gas Lighter/s ordered will be handed to the Buyer in person at delivery. If the Buyer is not available to receive the goods in person, the Long-Nose Gas Lighter/s shall remain with the Supplier and:

(i) In the case of the Long-Nose Gas Lighter/s forming part of the Fire-Starter Value Pack; a product of equal value shall be left in place of the Long-Nose Gas Lighter

(ii) In the case of the Long-Nose Gas Lighter being an item ordered in addition to other products and not forming part of a Fire-Starter Value Pack, the price of the Long-Nose Gas Lighter will be refunded. 

Should either situation arise, it will be communicated to the Buyer at the Supplier’s earliest available opportunity. 

7.4   If, at delivery, the Supplier suspects that the Buyer is not legally entitled to order/purchase Long-Nose Gas Lighters, the Supplier must be shown proof of age of the Buyer. If the Buyer cannot prove that he/she is of appropriate legal age to buy a Long-Nose Gas Lighter, 7.3(i) or 7.3(ii) above will apply; whichever is the more appropriate.

 8         DELIVERY 

8.1       Goods supplied within the UK will normally be delivered within seven working days of acceptance of order but in any event, within 30 days after the Contract is entered into.

8.2       Goods supplied outside the UK

             Not applicable

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       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. The Supplier is under a legal obligation to supply Goods in conformity with the Contract.

8.5       Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.

8.6       Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

8.7  The Supplier shall not be held responsible for damaged or unusable goods due to inclement weather after delivery at the delivery address.

8.8  The Supplier shall not be held responsible for delivered goods that are later missing providing that proof can be given that the goods were delivered. Photographic evidence provided by the Supplier that the goods were delivered to the correct delivery address will be satisfactory proof and evidence of delivery.

9          CANCELLATION 

The Buyer, if a Consumer, has the right to cancel the Contract within 14 days without giving any reason. The conditions, time limits and procedures for exercising the Buyer’s right to cancel are laid out in Schedule 2 to these Terms and Conditions together with a cancellation form, in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

10        GIFT VOUCHERS

        Not applicable

11        REMEDY FOR BREACH

11.1     All Goods (including digital content) supplied by the Supplier must be as described, fit for purpose and of satisfactory quality. If the Goods are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.

12        LIMITATION OF LIABILITY

12.1     The Supplier shall not be responsible for:

12.1.1  losses that were not caused by any breach on the part of the Supplier; or 

12.1.2  any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or 

12.1.3  any indirect or consequential losses that were not foreseeable to both the Buyer and the Supplier.

12.2     The Supplier shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent or Services provided within a reasonable time or to receive a refund if Goods or Services ordered cannot be supplied within a reasonable time owing to a cause beyond the Supplier’s reasonable control.

12.3     Nothing in these Terms and Conditions limits or excludes the Supplier’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Supplier’s negligence or wilful misconduct.

13        WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

14        FORCE MAJEURE

The Supplier 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, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

15        SEVERANCE

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.

16        CHANGES TO TERMS AND CONDITIONS

The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

17        GOVERNING LAW AND JURISDICTION

17.1     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.

17.2     As a consumer, the Buyer will benefit from any mandatory provisions of the law of the country in which the Buyer is resident.  Nothing in these terms and conditions, including clause 17.1, affects the Buyer’s rights as a consumer to rely on such mandatory provisions of local law.

SCHEDULE 2

RIGHT TO CANCEL

1          You have the right to cancel this contract within 14 days without giving any reason.

2          The cancellation period will expire after 14 days from the day:       

a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, in the case of a sales contract;

b) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;

c) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;

d) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.

 

3          To exercise the right to cancel, you must inform Mr Nicholas Underhill of Boddam Cottage, Insch, Aberdeenshire AB52 6LF (telephone number 07927 057585, email address: info@aberdeenshirelogs.co.uk ) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, e-mail or the Contact Form on the Website) of your intent to cancel. You must also include the following details:

             Ordered on/received on (date)

             Name of consumer(s)

             Address of consumer(s)

If you electronically submit your cancellation using the contact form we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.

4          To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

EFFECTS OF CANCELLATION

5          If you cancel this contract, we will reimburse to you payments received from you for the goods received only. We reserve the right to not reimburse the costs of delivery to You or the place of delivery specified by You, or the cost incurred by returning the goods to us, the Supplier, to the original storage location of the goods.

6          We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

7          We will make the reimbursement without undue delay, and not later than:

14 days after the day we receive back from you any goods supplied, or

 

(if earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c)        if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

8          We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. 

9          In the event of cancellation we may withhold reimbursement until we have received the goods back (where we have not agreed to collect the goods) or you have supplied evidence of having sent back the goods, whichever is the earliest.

RETURN OF GOODS

10        The Supplier will decide whether to collect the goods or have the goods sent back by You.

If the Supplier decides that the goods are to be sent back, You shall send back the goods or hand them over at Boddam Cottage, Insch Aberdeenshire AB52 6LF or, in the case of items delivered by haulier, to their local depot without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

COST OF RETURNING GOODS

11        You will bear the cost of returning the goods to the Supplier’s original storage location of those goods.

12        You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.