SHORTBREAD HOUSE OF EDINBURGH
TERMS AND CONDITIONS
These terms and conditions of sale (the "Terms") govern the relationship between you and Shortbread House of Edinburgh Limited ("we"/"us") relating to use of our website and the sale of goods from our website. Please read these Terms carefully and make sure that you understand them before you start to use our website and before placing an order. If you do not agree to these terms, please refrain from using our website.
Before you place an order you will be asked to agree to these Terms. By placing your order, you agree to be bound by these terms.
You should print a copy of these Terms or save them to your computer for future reference.
ACCESSING OUR SITE
Our website is made available free of charge.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our website.
Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate or available in other locations. We may limit the availability of our website or any service or product described on our website to any person or geographic area at any time. If you choose to access our website from outside the United Kingdom, you do so at your own risk.
When the following words with capital letters are used in these Terms, this is what they will mean:
"Contract" means a contract between us and you for the delivery of Goods, comprised of an Order from you, an Order Confirmation from us and these Terms;
"Event Outside Our Control" is defined in clause 9.2;
"Goods" means the products that we are selling to you as set out in the Order;
"Order" means your order for the Goods on our online order form;
"Order Confirmation" means the email we send to you confirming our acceptance of your Order, containing the Order number; and
"Terms" means the terms and conditions set out in this document (as amended from time to time).
When we use the words "writing" or "written" in these Terms, this will include email unless we say otherwise.
INFORMATION ABOUT US AND HOW TO CONTACT US
We operate the website https://www.shortbreadhouse.co.uk. We are Shortbread House of Edinburgh, a company registered in Scotland. Our company registration number is SC115377 and our registered office is at 14 Saxe Coburg Place, Edinburgh, EH3 5BR. Our main trading address is 25 Tennant Street, Edinburgh, EH6 5NA. Our registered VAT number is 634783123.
If you wish to contact us, you can do so by telephoning us at +44 (0)131 555 5212 or by emailing us at firstname.lastname@example.org.
If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your Order.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
1. Our products
1.1. Although we have made every effort to display the Goods accurately on our website, because our Goods are handmade, your Goods and their packaging may vary slightly from those images.
2. If you are a consumer
This clause 2 only applies if you are a consumer.
2.1. If you are a consumer, you may only purchase Goods from our website if you are at least 18 years old.
3. If you are a business customer
This clause 3 only applies if you are a business.
3.1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase Goods.
3.2. The Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
3.3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
3.4. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
4. Our contract with you
4.1. Our website pages will guide you through the steps you need to take to place an Order with us. Our order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each stage of the order process. It is your responsibility to make sure all the details in your Order are correct. If you think that there is a mistake or require any changes, please contact us to discuss.
4.2. When you submit your Order to us, this does not mean we have accepted your Order for Goods. Our acceptance of the Order will take place, and these Terms will become binding on you and us, when we issue you with an Order Confirmation, at which point the Contract will come into existence between you and us.
4.3. If we are unable to supply you with the Goods or otherwise cannot accept your Order, we will inform you of this and we will not process the Order.
4.4. We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to your Order.
5. Changes to order or terms
5.1. We may revise these Terms at any time but this right shall not affect the existing Terms accepted by you upon placing an Order. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
5.2. We may withdraw any Goods from the website at any time but this will not affect any existing Orders you have placed with us.
5.3. If you wish to make a change to your Order at any time before we dispatch the Goods, you should contact us. If any change means a change in the total price of the Goods, we will notify you of the amended price in writing.
5.4. If you wish to cancel an Order before it has been dispatched, please see your right to do so in clause 9.
6. Price and payment
6.1. The price of the Goods will be as quoted on our website at the time you submit your Order. These prices include VAT (where applicable) at the prevailing rate at the time of purchase. The price excludes delivery charges, which, if the value of the Order is under the stipulated minimum amount as set out on our website, will be added to the total amount due. Order totals (exclusive of delivery) in excess of the stipulated minimum will be dispatched free of any delivery charges. The total purchase price, including VAT and delivery charges, if any, will be displayed in your shopping cart before you place your Order. If you change your Order in accordance with these Terms thereafter, we will advise you of the amended price in writing.
6.2. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
6.3. You must make payment for Goods when you place your Order by credit or debit card.
6.4. It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced on our website. We will normally check prices as part of our dispatch procedures so that:
6.4.1. where the correct price for the Goods is less than the price stated on our website, we will charge the lower amount and will refund the difference to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price; and
6.4.2. if the correct price for the Goods is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your Order. We will not dispatch your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing.
7.1. You will be provided with an estimated delivery date on placing your Order. Goods will normally be dispatched within 48 hours of the Order being accepted, and at the latest within 21 days of the Order being accepted, and you will receive a dispatch confirmation by email when this happens. While we shall use all reasonable commercial endeavours to deliver on the estimated delivery date, we cannot guarantee this. If we cannot deliver the Goods to you on the estimated delivery date, we will contact you by email as soon as possible to advise you of this and provide you with a revised estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 8 for our responsibilities when this happens.
7.2. The Goods will be delivered to the delivery address provided by you and set out in the Order, provided that delivery can only be made within mainland Great Britain. For the avoidance of doubt, deliveries cannot be made in Northern Ireland. Deliveries shall be made by a reputable national carrier or, alternatively, may be made by us for addresses within Edinburgh and the Lothians. Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.
7.3. If no one is available at your address to take delivery, we will leave you a note that the Goods have been returned to our premises, in which case, please contact us to rearrange delivery. We reserve the right to charge you for any additional delivery costs if this happens. If the carrier leaves a calling card, it is your responsibility to contact them directly to rearrange delivery.
Clauses 7.4, 7.5 and 7.6 only apply if you are a consumer.
7.4. If we miss the 21-day delivery deadline for any Goods then you may cancel your Order straightaway if any of the following apply:
7.4.1. we have refused to deliver the Goods;
7.4.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.4.3. you told us before we accepted your Order that delivery within the delivery deadline was essential.
7.5. If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 7.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
7.6. If you do choose to cancel your Order for late delivery under clause 7.4 or clause 7.5, you can do so for just some of the Goods or all of them (unless splitting them up would significantly reduce their value). After you cancel your Order we will refund any sums you have paid to us for the cancelled Goods and their delivery.
7.7. Delivery of an Order shall be completed, and you will own the Goods, when we successfully deliver the Goods to the address you gave us and the Goods will be your responsibility from that time.
8. Events outside our control
8.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
8.2. An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation acts of God, governmental actions, strikes, acts of terrorism, war or national emergency, fire, explosion, flood, epidemic, and extreme weather conditions.
8.3. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will notify you as soon as reasonably possible. If this means we are unable to deliver the Goods to you on the estimated delivery date, we will use all reasonable endeavours to offer you an alternative date. If the date we offer to you is more than 7 days after the previous delivery date, you will be entitled to cancel the Order provided you notify us of cancellation before we dispatch the Goods to you. Please see your cancellation rights under clause 10. If you do so cancel, we will provide you with a full refund. We shall not, however, be liable for any costs, losses or damages you suffer as a result of cancellation of your Order in these circumstances.
9. Your rights to cancel and applicable refund
9.1. If you need to cancel or amend your Order, you should contact us via email at email@example.com as soon as possible. You may cancel your Order provided you do so before we dispatch the Goods. As all of our products are perishable, we unfortunately cannot accept cancellations after we have dispatched the Goods to you. You will have no right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
9.2. Where you cancel your Order under clause 9.1, we will provide you with a full refund (including delivery costs) within 28 days of the date on which you cancel your Order. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Goods we may refund you in vouchers.
9.3. To cancel your Order, you just need to let us know that you have decided to cancel by emailing us at firstname.lastname@example.org or by contacting us by telephone on +44 (0)131 555 5212 or by post at 25 Tennant Street, Edinburgh, EH6 5NA. If you are emailing us or writing to us, please include your Order number and details of your Order to help us identify it.
9.4. We will confirm your cancellation to you in writing by email.
9.5. If you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract and you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by anything in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.6. If we supply you with Goods that are faulty or not as described, you should notify us in writing as soon as possible. If you would like us to provide you with replacement Goods or a refund, you must return the Goods to us, in the original packaging and clearly showing the Order number. We will issue you with replacement Goods or a full refund (including delivery costs and postage costs incurred by you in returning the Goods to us) within 28 days of the date on which we receive the returned Goods. If you are returning the Goods to us, we strongly recommend you obtain a (free) proof of postage receipt from the Post Office as we cannot be held responsible for packages which do not arrive.
10. Our rights to cancel and applicable refund
10.1. We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or if we are unable to contact you using the contact details you provided during the order process. If this happens:
10.1.1. we will promptly contact you to let you know; and
10.1.2. you will receive a full refund.
11. Our liability if you are a business
This clause 11 only applies if you are a business.
11.1. We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
11.2. Nothing in these Terms limits or excludes our liability for:
11.2.1. death or personal injury caused by our negligence;
11.2.2. fraud or fraudulent misrepresentation;
11.2.3. breach of the terms implied by section 12 and section 14 of the Sale of Goods Act 1979 (title and quiet possession, and quality or fitness, respectively); or
11.2.4. defective products under the Consumer Protection Act 1987.
11.3. Subject to clause 11.2, we will under no circumstances whatever be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
11.3.1. any loss of profits, sales, business, or revenue;
11.3.2. loss or corruption of data, information or software;
11.3.3. loss of business opportunity;
11.3.4. loss of anticipated savings;
11.3.5. loss of goodwill; or
11.3.6. any indirect or consequential loss.
11.4. Subject to clause 11.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 125% of the price of the Goods.
11.5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
12. Our liability if you are a consumer
This clause 12 only applies if you are a consumer.
12.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
12.2. We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3. We do not in any way exclude or limit our liability for:
12.3.1. death or personal injury caused by our negligence;
12.3.2. fraud or fraudulent misrepresentation;
12.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
12.3.5. defective products under the Consumer Protection Act 1987.
13. How we may use your personal information
14. Other important terms
14.1. We may transfer our rights and obligations under these Terms to another organisation, and we will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the Contract.
14.2. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
CHANGES TO OUR WEBSITE
We may update our website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our website, or any content on it, will be free from errors or omissions.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
NO RELIANCE ON INFORMATION
Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, our website; or
· use of or reliance on any content displayed on our website.
If you are a business user, please note that in particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our website and should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.
LINKS FROM OUR WEBSITE
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If you are a consumer, please note that these terms and conditions, their subject matter and their formation are governed by Scots law. You and we both agree to that the Scottish courts will have non-exclusive jurisdiction. This means that if you are a resident of England or Wales, you may also bring proceedings in England and Wales.
To contact us, please telephone +44 (0)131 555 5212 or email email@example.com.
Thank you for visiting our website.