Online Supply Of Goods
1.1 These terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other information.
1.3 If you think there is a mistake in these terms or require any changes, please contact us at [email@example.com] to discuss.
2.1 Goods means the goods advertised for sale on the Website;
2.2 Order means a request to purchase Goods submitted through the Website;
2.3 Purchase means the purchase of Goods made by you submitting an order and making payment for the Goods as detailed in Clause 5.1;
2.4 Website means the Website located at [https://www.awkwardstewations.com / https://awkwardstewations.co.uk] and any subsequent URL which may replace it.
Information about us
2.1 [https://www.awkwardstewations.com / https://awkwardstewations.co.uk] is a site operated by Awkward Stewations Limited (We). We are registered in Scotland under registered number SC555429 and have our registered office at 13 Melville Street, Edinburgh, Scotland, EH3 7PE. Our VAT number is [insert VAT number].
2.2 You can contact us by email, [firstname.lastname@example.org].
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4.1 We reserve the right to refuse Orders, or place restrictions on the extent to which we accept orders, from certain countries.
Our Contract With You
5.1 Goods can be purchased from the Website.
5.2 Once we have received your Order and payment for the Goods we will then send you a confirmation email, confirming among other things your Order, price for the Goods ordered, delivery details and your rights in respect of termination. When you receive this confirmatory email, a contract between you and us is formed.
5.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
5.3 We will assign you an order number to your order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
6.1 The images of the Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a devices display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
6.2 The packaging of the Goods may vary from that shown in images on our Website.
Price and Payment
7.1 The price of any Goods will be as quoted on the Website from time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs for Goods, which will be added to the total amount due as set out in our delivery guide [INSERT LINK].
7.3 Prices are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you a confirmatory e-mail in terms of Clauses 5.1
7.4 The Website contains a number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of any Goods is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the correct price of Goods is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your Order and notify you of such rejection.
7.5 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a confirmatory e-mail in terms of Clause 5.1 above, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payments via the Website can be made by credit or debit card. All card transactions are processed through a third party payment gateway, namely Secure Trading. We accept Visa, Visa Delta, Visa Electron, Master Card, American Express, Switch, Solo, Maestro, UK and GCB. Please note that your card details are never stored on our server.
7.7 All credit/debit card payments are subject to validation checks and authorisations 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 accept your Order in accordance with Clause 5.1.
Our Rights to Make Changes
8.1 we may change the Goods:
- to reflect changes in relevant laws or regulatory requirements; and
- to implement minor technical adjustments and improvements.
Providing the Goods
9.1 The cost of delivery will be as displayed to you on our Website.
- We will deliver the Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your Order, unless the Goods are available for pre-order, in which case the Website will state an estimated delivery date. The estimated delivery date is an estimate only and we will contact you when a delivery date is available.
9.3 We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.
9.4 If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, our delivery partner will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
9.5 The goods become your responsibility from the time we deliver the product to the address you gave us.
9.6 The Goods will be at your risk from the time of delivery to you. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
9.7 If you order Goods for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contract your local customs office for further information before placing your order.
9.7 We may have to suspend the supply of Goods to:
- deal with technical problems or make minor technical changes;
- update the Goods to reflect changes in the relevant laws and regulatory requirements.
9.8 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
Our Refunds Policy
10.1 Orders can be cancelled up to 14 working days after the day on which you received the Goods. If you wish to cancel an order you can do so by returning the Goods to the address [INSERT]. Notification that your Order has been cancelled will be sent to your email address.
10.2 Refunds will only be given where cancelled Goods are returned to us undamaged and unused within 14 working days of cancellation, along with the original packaging. Subject to paragraph 10.3 below, you will be liable for the costs of returning cancelled Goods. Refunds will be made within 14 working days after cancellation. Any Orders cancelled after the period referred to in Clause 10.1 above or in respect of which the Goods are not returned within 14 working days of cancellation in terms of this Clause 10.2, will not be eligible for a refund.
10.3 We will refund the costs of returning any Goods which are faulty or damaged, or any Goods which are offered as a substitute to that Order. The cost of returning any Goods will generally be refunded within 14 days of us receiving the Goods.
11.1 We will use the personal information you provide to us:
11.1.1 to supply the Goods to you;
11.1.2 if you agree to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
11.2 We will only give your personal information to third parties where the law either requires or allows us to do so, unless you have consented to such transfer at the time of our collection of your information.
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract with you that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:-
12.2.1 strikes, lock-outs or other industrial action;
12.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
12.2.5 impossibility of the use of public or private telecommunications networks;
12.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
- Descriptions and information posted on the site are not intended to amount to advice on which reliance should be placed. [INSERT WEBSITE] therefore disclaims all liability and responsibility arising from any reliance placed on the Website by any visitor to the Website or anyone who may be informed of any of its contents.
- Our Website may contain inaccuracies or typographical errors. We will not be liable for any such inaccuracies, or for any loss you may suffer as a result of any incorrect event, venue, club, item or group information or any content uploaded by other members of the site.
- We will not be liable for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of income, business, use, opportunity, data, goodwill or profits), whether in an action of contract, delict (including negligence) or otherwise, arising, directly or indirectly, out of or in connection with your use of the Website or our service.
- Our liability for any claims arising from your use of our Website and the purchase of Goods from our Website will be limited to the total value of the Goods purchased by you from our Website.
- Nothing in these Terms shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence or breach of statutory duty, or that of our employees or agents.
- If you have a dispute with another [INSERT WEBSITE] user, you release us (and all respective officers, directors, employees and agents) from claims, demands and damages (direct and indirect) of every kind and nature, known and unknown, arising out of or in connection with such dispute.
- You indemnify us in full (and all respective officers, directors, employees and agents) for any losses or costs, including reasonable legal fees, we incur arising out or in connection with any breach by you of these Terms, your improper use of our website and/or services, or your breach of any law or third party rights.
Other Important Terms
14.1 We may transfer our rights and obligations under these terms to another organisation. You need our consent to transfer your rights to someone else.
14.2 If a court finds part of this contract illegal, the rest will continue in force. 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.
14.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.5 These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts exclusively.