STAUNCH INDUSTRIES TERMS & CONDITIONSOnline Shop - Effective Date 2015
WWW.Staunchindustries.com is a site operated by Staunch Industries Ltd (“we”). We are registered in Scotland (Company No SC396516) and our registered office is 19 Rutland Square, Edinburgh, EH1 2BB. The trading address for our online shop and any queries or enquiries should be addressed to “Online Sales” to 46 A Constitution street Leith Edinburgh EH6 6RS Alternatively you may e-mail email@example.com. Our VAT number is 183 5923 81 These terms and conditions apply to all sales made to you via this website. By placing an order you are deemed to have accepted these terms and conditions. Please read and familiarise yourself with them. For all other terms and conditions of sale please refer to the Standard Terms and Conditions of Staunch Industries as published here.
By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts;
b) You are at least 18 years old and can provide proof of age upon request;
c) You are resident within the European Economic Area (EEA).
d) You are accessing our site from within the EEA.
2. Representation of products
We reserve the right to alter, without notice, the range of products, prices of products and terms and conditions of sale before you place an order. Please note product shades and shapes may vary. All measurements are approximate. Should a particular product (or part of a product such as items comprising a hamper) be unavailable we reserve the right to substitute a similar item. For wines, if a particular vintage is unavailable an alternative may be supplied. We reserve the right to withdraw any item from sale without notice.
3. Our contract with you
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or products as advertised by us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product(s) has/have been despatched (the “Shipping Confirmation”). The contract between you and us (the “Contract”) is only formed when we send you the Shipping Confirmation. The Contract will relate only to those products whose despatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order.If we decide not to accept all or part of your order, we will not be obliged to supply any (other) products which may have been part of your order and will instead arrange a full refund for that element of your order.
4. Consumer Rights
If you are contracting as a consumer, you may, subject to the terms of our Returns Policy set out below, cancel a Contract at any time within 14 working days, beginning on the day after you received the products. In this case you will receive a full refund of the price paid for the products in accordance with our Refunds Policy set out below.To cancel a Contract you must inform us in writing. You must also return the products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation we may have right of action against you for compensation. This provision does not affect your statutory rights.
5. Returns Policy
You may, within 7 working days of receipt of your order, return any item in unused, original condition for a full refund. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy set out below.Some of our products are fragile. Whilst every care will be taken to deliver the goods safely, inevitably some breakages may occur. In this event we will replace the damaged goods. If you wish to return items, you must inform us in writing. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.The return package, including written details of the reason for return, must be sent to the following address: Online Sales” to 46A Constitution street Leith Edinburgh EH6 6RS Alternatively, please email firstname.lastname@example.org. Gift certificates and any item for which you request the inclusion of a personalised message may not be returned.
6. Refund Policy
If you return items within the period mentioned above and in accordance with the terms of our Returns Policy, we will process the refund due to you as soon as possible and, in any case, within 30 days of receiving the returned items. In this case, we will refund the price of the product in full, including a refund of the original delivery charges charged to you. However, you will be responsible for returning the item to us in its original condition and all postal costs or other costs incurred when returning the product(s).If you return the product because you are claiming that it is defective we will examine the returned product and will notify you of our findings and confirm whether you are entitled to a refund on the grounds that the product was defective. Defective products returned by you will be refunded in full, including a refund of the original delivery charges charged to you and the postal cost incurred by you in returning the item to us provided that a receipt for or evidence of such costs is provided.Some of our products are fragile. Whilst every care will be taken to deliver the goods safely, inevitably some breakages may occur. In this event we will replace the damaged goods.
7. Prices and Payment
Prices are valid at the time of order.
Full payment must be made prior to despatch of the products, by credit or debit card. We accept all major debit/credit cards, but unfortunately we cannot accept Diners Club. In the event of non-authorisation of payment by your card issuer you will receive an on screen notification and your order will not be processed. We cannot accept liability for any losses or costs incurred or sustained by customers who transmit credit or debit card information. (See our Security Policy below) All prices are inclusive of VAT (where applicable) at the current rate and are correct at the time of entering the information onto the system. We reserve the right to amend prices without notice from time to time. The total cost of your order is the price of the products ordered plus delivery charges.By completing the process for an on-line order you are confirming that the credit/debit card being used for the transaction(s) is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Delivery will be by post or courier within 14 days of the Shipping Confirmation (subject to any events that are beyond our reasonable control).When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. Delivery charges shown on the site are for addresses in mainland UK. For deliveries to certain areas including, but not limited to, the Highlands of Scotland, Isle of Man, Northern Ireland and the rest of the world an additional charge may be required – if this is the case we will contact you by telephone or e-mail and the additional charge must be paid prior to the despatch of your order. Delivery charges will be dependant on the weight of the products ordered.
This Site may be accessed from countries other than the UK. This Site may contain products or references to products that are not available outside of the UK. Any such references do not imply that such products will be made available outside the UK. If you access and use this Site outside the UK you are responsible for complying with your local laws and regulations.
9. Risk and title
The products will be at your risk from the time of delivery to you.
10. Intellectual property
No permission is given by us in respect of the reproduction or use for commercial or detrimental purposes of any brand names, product names, designs and other material shown on or connected with our website in which intellectual property rights subsist. The Web Site design and all text, graphics, information, designs, logos, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Staunch Industries Limited and are protected by UK. and International copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owners of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. All software used on this site is the property of Staunch Industries and/or Sinewave Design and our software suppliers and is protected by UK. and International copyright laws. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with Scottish Law and all parties shall submit to the exclusive jurisdiction of the Scottish Courts. If you have any queries or complaints please contact us at the following address: Staunch Industries Online Sales” to 46A Constitution street Leith Edinburgh EH6 6RS Alternatively, please email email@example.com.
12. Limitation of liability
We shall not be liable to pay any compensation to you, other than any refund as provided above. In particular, but without limitation, we shall not be liable to you for loss of profit, damage to goodwill, any indirect or consequential loss or damage arising out of any damage, defect, negligence or other failing on our part unless:
(i) you have expressly made us aware in writing of the nature and extent of the loss or damage which you may suffer in such situation; and (ii) we have expressly confirmed in writing that we accept liability for such matters.Our liability for losses you suffer as a result of us breaking this agreement or any other duty owed to you (if any) is strictly limited to the purchase price of the product. Nothing in these terms shall limit any rights you may have as a customer which are not capable of being lawfully excluded or limited, nor shall it exclude or restrict our liability to you for any death or personal injury resulting from our negligence.
13. Security Policy
We take your online security very seriously. When you place your order, you are offered the use of an advanced secure server, which encrypts all the information you input before it is sent to us. Credit card numbers are encrypted both before an order is processed and when stored on our database. We will comply with the requirements of the UK Data Protection Act 1998 to ensure that your personal information is processed fairly and lawfully and we will take appropriate precautions to keep your personal data secure.To check the security of our website, simply look in the lower bar of your browser when you fill in your payment details. You will see an unbroken key or closed lock, showing that encryption is active and your information is secure. For security reasons, we strongly recommend that you do not send credit card numbers by standard email but use the secure facility provided on this website.
Indemnity You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the terms and conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or personal information.
Our rights We reserve the right to: modify or withdraw, temporarily or permanently, this website (or part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to the website; and/or change the terms and conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the website.
Orders We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order secure, but in the absence of negligence on our part or our non-compliance with the Data Protection Act 1998 we cannot beheld liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
Refusal of transaction We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content of this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTOR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, AND IMPROPER PRODUCT SELECTION.
Limitations of Liability
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms and Conditions We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
Indemnification You agree to defend, indemnify and hold STAUNCH INDUSTRIES harmless from and against any and all claims, damages, costs and expenses, including Lawyer's fees, arising from or related to your use of the Site.
Termination You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
Additional Assistance If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department.