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.
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.
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: email@example.com ) 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.