| 1. |
DEFINITIONS |
| 1.1 |
"Buyer" means the individual or organisation who buys or agrees
to buy the Goods from the Seller;
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| 1.2 |
"Consumer" shall have the meaning ascribed in section 12 of
the Unfair Contract Terms Act
1977; |
| 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 articles that the
Buyer agrees to buy from the
Seller; |
| 1.5 |
"Seller" means www.downtownscotland.com of Downtown (Scotland)
Limited, PO Box 5092, Glasgow,
G78 9AB, United Kingdom; |
| 1.6 |
"Terms and Conditions" means the terms and conditions of sale
set out in this document and any
special terms and conditions agreed
in writing by the Seller. |
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| 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 by the Seller
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 Seller. |
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| 3. |
ORDERING |
| 3.1 |
All orders for Goods shall be deemed to be an offer by the
Buyer to purchase Goods pursuant
to 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 within
30 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 Order Process section within
the website. |
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| 4. |
PRICE AND PAYMENT |
| 4.1 |
The Price of the Goods shall be that stipulated on the Seller's
Website. The Price is inclusive
of VAT. The Price does not include
delivery charges. Delivery charges
are added at the checkout. |
| 4.2 |
The total purchase price, including VAT and delivery charges,
will be displayed in the Buyer's
shopping cart prior to confirming
the order. |
| 4.3 |
After the order is received the Seller shall confirm by email
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. |
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| 5. |
RIGHTS OF SELLER |
| 5.1 |
The Seller reserves the right to adjust the price and specification
of any item on the Website at
its discretion. |
| 5.2 |
The Seller reserves the right to withdraw any goods from the
Website at any time. |
| 5.3 |
The Seller shall not be liable to anyone for withdrawing any
Goods from the Website or for
refusing to process an order. |
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| 6.1 |
AGE OF CONSENT |
| 6.1 |
Where Goods may only be purchased by persons of a certain age
the Buyer will be deemed to understand
and adhere to these age restrictions,
and therefore not attempt to buy
any that would compromise the
law. |
| 6.2 |
If the Seller discovers that the Buyer is not legally entitled
to order certain Goods, the Seller
shall be entitled to cancel the
order immediately, without notice. |
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| 7. |
WARRANTY
The Seller warrants that the
Goods will at the time of dispatch
correspond to the description
given by the Seller. 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, and the Buyer is
satisfied as to the suitability
of the Goods for the Buyer's purpose.
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| 8. |
DELIVERY |
| 8.1 |
Goods supplied within the UK will normally be delivered within
28 working days of receipt of
order. |
| 8.2 |
Goods supplied outside the UK will normally be delivered within
28 working days of receipt of
order. |
| 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 |
The Seller shall use its reasonable endeavours to meet any
date agreed for delivery. In any
event 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. |
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| 9. |
CANCELLATION AND RETURN |
| 9.1 |
The Buyer shall inspect the Goods immediately upon receipt
and shall notify the Seller by
emailing: enquiries@downtownscotland.com
within 7 working 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 |
Where a claim of defect or damage is made the Goods shall be
returned by the Buyer to the Seller.
The Buyer shall be entitled to
a full refund (including delivery
costs) plus any return postal
charges if the Goods are in fact
defective. |
| 9.3 |
If you are a consumer you have the right, in addition to your
other rights, to cancel the Contract
and receive a refund by informing
the Seller by emailing: enquiries@downtownscotland.com
within 7 working days of receipt
of the Goods. |
| 9.4 |
Goods must be returned by the Buyer at the Buyer's expense
and should be adequately insured
during the return journey. The
Buyer will receive a refund of
all monies paid for the Goods
(including delivery charges, if
any) except for return postal
charges within 30 days of cancellation.
If the Buyer fails to return the
Goods following cancellation,
the Seller shall be entitled to
deduct the cost of recovering
the Goods from the Buyer. |
| 9.5 |
Goods to be returned must clearly show the order number obtained
from the Seller on the package. |
| 9.6 |
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. |
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| 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. |
| 10.2 |
Nothing in these Terms and Conditions shall exclude or limit
the liability of the Seller for
death or personal injury resulting
from the negligence of the Seller
or that of the Seller's agents
or employees. |
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| 11. |
WAIVER
No waiver by the Seller (whether
express or implied) in enforcing
any of its rights under this contract
shall prejudice its rights to
do so in the future. |
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| 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.
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| 13. |
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. |
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| 14. |
CHANGES TO TERMS AND CONDITIONS
The Seller 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.
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| 15. |
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall
be governed by and construed in
accordance with the law of England
and the parties hereby submit
to the exclusive jurisdiction
of the English courts. |
