"the Company": means Tartan Online
"the Customer": means such individual, firm, partnership or company from whom the Company has accepted an Order.
"Goods": means the product sold by the Company to the Customer.
1. ORDER and CONTRACT
An Order for Goods received by the Company from the Customer will become contractual when it has been accepted by the Company who reserve the right to refuse to accept any Order without reason being given. All Orders are subject to availability. An Order can be given by telephone, fax, email or otherwise as may be agreed between the Company and the Customer.
The prices of Goods shall be shown on our web site and shall be subject to variation/alteration from time to time. Unless the Customer is otherwise advised, the price shown at the time an Order is received will be the invoice price and, unless otherwise stated, will be inclusive of VAT.
Prices quoted are exclusive of delivery charges (see below).
Where orders are to be delivered out with the European Union, the customer will be wholly responsible for the payment of any local taxes and import duties. These are not included in the prices quoted.
3. PAYMENT and DELIVERY RISK & CLAIMS
Payment for an Order can be made by any method acceptable to the Company and agreed with the Customer. At least 5 working days must be allowed for clearance if payment is made by cheque.
3.2. Delivery Risk & Claims
Delivery charges are the responsibility of, and payable by, the Customer. The charges are shown in the Ordering and Delivery Section of the web site. The Company will use its best endeavours to ensure timeous delivery of Goods but without any warranty being given and no liability will attach to the Company in the event of delay, failure to deliver or error in delivery. It is the responsibility of the Customer to ensure that, on delivery, the order is correct. Risk and responsibility for the Goods shall pass to the Customer on delivery. Intimation of any shortage, defect, loss or damage in respect of the Goods must be given by the Customer to the Company within 7 days of delivery failing which no claim will be available against the Company.
4. DESCRIPTION and SPECIFICATION of GOODS
Description of Goods on the web site is for purposes of illustration only. There is reserved to the Company the right to vary or alter specifications of Goods without notice to the Customer but without affecting materially the quality of same and in the event of samples having been exhibited to the Customer no guarantee can be given that .the goods ordered and supplied will correspond exactly with such samples. All information given by the Company with regard to Goods and use thereof will be given to the best of its knowledge and belief but without warranty, express or implied, and no liability shall attach to the Company in respect thereof. Further, no liability shall attach to the Company where the Goods supplied have been altered or modified by the Customer in any way or have been damaged by any material or substance added or treatment applied after delivery.
5. CANCELLATION of ORDER
The Customer shall have the right to cancel an Order without cause being shown within 7 days of the contract being concluded upon written notice to that effect being given by the Customer and received by the Company at its business address within said period.
Upon notice of cancellation being given as aforesaid, the Customer shall have the right to a full refund details of which are given in the Cancellation and Refund Section of the website.
Without prejudice to the foregoing, the Customer may also be permitted to return the Goods to the Company but only with their prior written agreement.
Where an Order has been cancelled and the Goods delivered they shall remain at the risk of the Customer as provided for in Clause 3.2 hereof until returned to the Company and the Customer will be obliged to take due care of the Goods until then. The Customer shall be responsible for any loss in value to the Goods, due to damage, while at the Customer's risk
6. INTELLECTUAL PROPERTY RIGHTS
Where applicable, all intellectual property rights in the Goods shall be owned by the Company.
In the event of any provision, or part thereof, of these Terms and Conditions being held to be invalid or otherwise unenforceable such provision or part thereof shall be removed but the remaining part of any such provision and the whole of the remaining provisions will remain.
The Company reserves the right to cancel an Order and to terminate any Contract if the Customer breaches any of these Terms and Conditions and fails to remedy any such breach within 21days of the receipt of written intimation of such breach from the Company and requiring such breach to be remedied.
These Terms and Conditions shall be governed by the Law of Scotland. The Company and the Customer agree to submit to the exclusive jurisdiction of the Scottish courts.