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Terms & Conditions
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 – ( Please refer to 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 i.e. 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 goods made
to customers specification.
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