Terms and Conditions of Sale
A & G Cairncross Ltd: TERMS & CONDITIONS OF SALE
SECTION 1 – THESE TERMS
We are A & G Cairncross Ltd, trading as “Cairncross of Perth”, a private limited company registered in Scotland with company number SC055460 and registered office at 10 Abbey Park Place, Dunfermline, Fife, KY12 7NZ. References to “we”, “us” and “our” are references to A & G Cairncross Ltd.
These Terms and Conditions (“Terms”) apply when you purchase something from us. 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 important information.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Please also consult our Cancellations, Returns and Refunds Policy here https://a-g-cairncross-limited.myshopify.com/pages/returns.
SECTION 2 – OUR CONTRACT WITH YOU
Our acceptance of your order will take place when we email you or call you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this 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.
SECTION 3 – YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
For more information please consult our Cancellations, Returns and Refunds Policy here https://a-g-cairncross-limited.myshopify.com/pages/returns.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices for our products (which include VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see section 5 for what happens if we discover an error in the price of the product you order.
Our prices displayed on our website are subject to change without notice. The total cost of your order will include the cost of delivery.
We take great care to ensure everything on carincrossofperth.co.uk is in stock, ready for delivery and correctly priced and described. On a rare occasion that product sells in the shop at the same time as online, or a price had been miss keyed, we will notify you as soon as possible, apologise for any error and refund your money by the quickest means possible.
SECTION 5 – PRICE AND PAYMENT
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
We accept payment through PayPal and Google Pay. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. Our accepted payment methods may change from time-to-time so please check our website for up-to-date information.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
SECTION 6 – DELIVERY
The costs of delivery will be as displayed to you on our website.
We will deliver the products to you as soon as reasonably possible and in any event within 28 days after the day on which we accept your order or alternatively on the date agreed with us. We usually use Royal Mail to deliver our products. All orders with a value of £50.00 and over shall be shipped by Royal Mail Special Delivery which requires a signature upon delivery to you, however all customers shall have this option at the checkout should the value of the order be lower. Costs for UK deliveries using Royal Mail Special Delivery Guaranteed start at £4.00 however this may increase depending on weight and value of the goods being send to you. On occasion we may use an alternative delivery partner such as Hermes or DHL however if this is required you will be informed prior to your order being confirmed. Please contact us if after 28 days you have not received your order and we have not been in touch to intimate a delay. Should your order include additional bespoke services such as re-sizing or any other special request, your delivery may take longer to be delivered and delivery of longer than 28 days shall not constitute breach of contract.
We can deliver anywhere in the world; however charges increase and vary dramatically for insurance depending on the destination country. For this reason, our website will not allow automatic purchases for overseas shipments. Please call us on 01738 624367 to make a purchase and arrange delivery outside the UK.
If our supply of the products 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 products you have paid for but not received.
If you have asked to collect the products from our premises, you can collect them from us at any time during our usual working hours of 9:30am – 5:00pm Monday-Saturday (excluding public holidays).
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract under section 7.
Goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us. If you report that your order has not arrived with you as expected, we will immediately launch an investigation. This will involve opening a case with the delivery company, conducting our own checks and taking any necessary steps to track down the missing item(s) which may involve informing the Police if deemed appropriate.
We may need certain information from you so that we can supply the products to you, for example, delivery address. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and section 7 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. We will not dispatch any goods for delivery until payment has been received by us.
SECTION 7 – OUR RIGHTS TO END THE CONTRACT
We may end the contract for a product at any time by writing to you if:
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
- you do not, within a reasonable time, allow us access to your premises to supply the services.
If we end the contract in the situations set out in (a) to (e) above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
SECTION 8 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively on line through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Cancellations, Returns and Refunds Policy available here https://a-g-cairncross-limited.myshopify.com/pages/returns.
The images of the products on our website are for illustrative purposes only. We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate. Your product may vary slightly from those images.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
The packaging of the product may vary from that shown in images on our website.
If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure by contacting us.
SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Cancellations, Returns and Refunds Policy available here https://a-g-cairncross-limited.myshopify.com/pages/returns.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 – OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable direct result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
Our total liability to you under this section is limited to the value of the goods that you purchase from us at the time giving rise to the claim.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
SECTION 12 – ASSIGNMENT
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
SECTION 13 – THIRD PARTY RIGHTS
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – WAIVER
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 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.
SECTION 16 - ENTIRE AGREEMENT
These Terms constitute the entire understanding between you and us. These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
SECTION 17 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you with goods and services shall be governed by and construed in accordance with the laws of Scotland. If you live in England you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Scottish or the Northern Irish courts.
SECTION 18 – CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page.
SECTION 19 – CONTACT INFORMATION
If you have any questions or complaints about these Terms please contact us firstname.lastname@example.org or please speak to one of our staff in-store.