TERMS AND CONDITIONS OF SALE OF
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.
2.1 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.
3.1 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
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.
8.1 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
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.
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
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.
Continued in Ts & Cs (cont.)