TERMS AND CONDITIONS OF SALES
1.1. “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
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 Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4. “Goods” means the articles that the Buyer agrees to buy from the Supplier;
1.5. “Services” means the services that the Buyer agrees to buy from the Supplier;
1.6. “Supplier” means JAC Grierson LTD that owns and operates www.hughgrierson.co.uk
1.7. “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8. “Website” means www.hughgrierson.co.uk
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 and/or Services by the Supplier 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 Supplier.
2.5. Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6. Any complaints should be addressed to the Supplier’s address stated in clause 1.6.
3.1. All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier 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 wait until the Goods are available from stock, either take an alternative substitution product suggested by JAC Grierson LTD which will be of equal or greater value at no additional cost or, in or cancel the order and receive a full refund within 28 days
3.3. Promotional and discount codes are to be used only once and where applicable and may not be combined with any other offers. Should an offer code be used more than once or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold, or cancel the promotional code at any time.
3.4. Existing customers (Buyers who have placed one or more orders with the Supplier) are subject to a minimum order value of £160, when making use of free delivery or other promotional codes. This does not affect the Buyer’s right to place an order below this value if delivery is charged or if no promotional code is being used.
4. PRICE AND PAYMENT
4.1. The price of the Goods and/or Services shall be that stipulated in our marketing communications including on the Website. The price is inclusive of VAT. The shown price excludes delivery charges.
4.2. When ordering online, the total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. When placing an order by telephone the total purchase price, including VAT and delivery charges will be confirmed by one of our telephone advisors before the order is placed for you.
4.3. After an online order is received the Supplier shall confirm by email the details, description, and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
4.4. In the event that prices are changed during the period between an order being placed for Goods and JAC Grierson Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
4.5 Consumers ordering by telephone will be offered an email to confirm the details, description and price of the Goods / Service purchased together with information on the right to cancel.
4.6. Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering.
4.7. Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
5. PERFORMANCE OF SERVICES
5.1. The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance, or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
5.2. The Supplier reserves the right not to publish any reviews containing content with the potential to offend.
6. RIGHTS OF SUPPLIER
6.1. The Supplier reserves the right to periodically update prices in marketing communications and on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2. The Supplier reserves the right to withdraw any Goods and/or Services from marketing materials or the Website at any time.
6.3. The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
6.4. The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the marketing communications or the Website or for refusing to process an order.
7. AGE OF CONSENT
7.1. Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
7.2. If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.1 JAC Grierson Ltd will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
8.2 If JAC Grierson Ltd receives no communication from you, within 3 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems
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 Supplier 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 Supplier 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 If Goods are damaged in transit and the damage is apparent on delivery, you should report such damage to JAC Grierson Ltd within 2 days and your options will be presented (replacement or refund). If refund is selected, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
8.7. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted
8.8. Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
9. CANCELLATION AND RETURN
9.1. The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9.2. Where a claim of defect or damage is made, the buyer must inform the supplier within 2 days from delivery. Goods may have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund.
9.3. If Goods are to be returned, they must clearly show the consumer name or order number obtained from the Supplier. Goods must be returned in their original condition with all packaging and documentation.
9.4 If you wish to return goods to JAC Grierson Ltd for any of the above reasons, please contact us on firstname.lastname@example.org to make the appropriate arrangements.
9.5 JAC Grierson Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
9.5.1 Any use or enjoyment that you may have already had out of the Goods;
9.5.2 Any characteristics of the goods which may cause them to deteriorate or expire rapidly;
9.5.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
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 Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
10.3. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
11. USE OF COMMUNICATIONS FACILITIES
11.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
11.1.1 You must not use obscene or vulgar language;
11.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
11.1.3 You must not submit Content that is intended to promote or incite violence;
11.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
11.1.6 You must not impersonate other people, particularly employees and representatives of JAC Grierson Ltd or our affiliates; and
11.1.7 You must not use our System for unauthorised mass-communication such as spam or junk mail.
11.2 You acknowledge that JAC Grierson Ltd reserves the right to monitor any and all communications made to us or using our System.
12.1 In order to purchase Goods on this Web Site you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
12.1.1 all information you submit is accurate and truthful;
12.1.2 you have permission to submit Payment Information where permission may be required; and
12.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
12.2 It is recommended that you do not share your Account details, particularly your username and password. JAC Grierson Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
12.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact JAC Grierson Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled before they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, JAC Grierson Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
12.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
14. FORCE MAJEURE
The Supplier 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, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
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.
16. CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any point in time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
17. 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 exclusive jurisdiction of the Scottish courts