Scott Inness

Our Terms & Conditions for on-line retail customers

Scott Inness
Scott Inness is the trading name of Scott Inness Limited. Registered Office: 5 Logiemill, Beaverbank Office Park, Logiegreen Road, Edinburgh EH7 4HH. Company is registered in Scotland No: 324779. Place of Registration: Companies House.

Contacting Scott Inness
Please select the best contact method for you from our postal, telephone or Email details. You can also use our on-line Enquiry Form for general and specific enquiries relating to an order.
Postal Address:
Woodbank Cottage
Kirk Brae
Shandon
Argyll & Bute
G84 8NP

Telephone: 0775 329 5073/0751 540 1763
(all phone calls to Scott Inness must be made between GMT 0900 – 1700 hours, Monday – Friday)

Ownership of Rights
All rights, including copyright, in this website are owned or licensed to Scott Inness Limited. Any use of this website or its contents and images, including copying and storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this website for any purpose.

Purchases
In order to make a purchase through the Scott Inness website or to use some of the services and features made available to you on our website, you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and email address, which is true, accurate, current and complete in all aspects. Should any of your registration information change in the future, you are required to amend your personal on-line account immediately. We may change registration requirements from time to time. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide when ordering, are both valid and correct and you confirm you are the person referred to in the billing information provided. You are able to correct errors on your order up to the point at which you click “Confirm Order” on the Shopping Bag page of our ordering process.

Accuracy of content
Every care has been taken in the preparation of the content of this website, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. While the colour reproduction is a close representation, every printed item is individual and variations in actual goods may occur.

Order confirmation & acceptance
All orders are confirmed by e-mail acknowledging your order and to provide you with an order number. This is your confirmation so please print out a copy for your own information. When confirmation order is received, this is to indicate that we have received your order but it does not indicate that a contract exists between us. If we are unable to fulfill your order following this acknowledgement, we will contact you by e-mail advising you of this. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing or we have inadvertently under-priced items. In the case of a change of price, we will always contact you first to ensure the price is acceptable. The contract between us should be governed and interpreted in accordance with Scottish Law and the Scottish courts shall have exclusive jurisdiction to resolve any disputes between us. Your statutory rights are not affected.

Prices
All prices are in pounds sterling (£). Value Added Tax (VAT) is included. Our VAT Registration Number is 972810996. Orders to countries outside of the European Union do not attract UK tax.

Payment & availability
We accept all major credit and debit cards including: Visa, Mastercard, Maestro, Delta and American Express. Payment will be debited and cleared from your account at the point at which your order is dispatched. You confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorization by the issuer of the card. If the issuer of the payment card refuses to pay or does not for any reason authorize payment to Scott Inness, we will not be liable for delay or non-delivery of goods. Orders will not be processed until payment is made in full. We retain the legal ownership of all goods until full payment has been made by you and received by us and legal ownership of the goods will immediately transfer back to us if we refund a payment of the goods to you. Risk in the goods transfers to you upon delivery. All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available or discontinued.

Delivery Charges
Delivery can be made to the UK and Channel Islands, Europe and the Rest of The World by postal services. Full details of our charges can be viewed in our Shipping and Returns section. Whenever referred to working days exclude Saturday, Sunday and Bank Holidays. Any timescales are indicative only. Delivery charges may be viewed in full as part of your order process and will be levied automatically to your invoice as you click “Confirm Order”.

Returns & Cancellations
Our return policy is simple. If your product is faulty and you return it to us in its original packaging with invoice within 15 days we will refund the full cost of the product. We will refund the cost of carriage if the return is a result of error on our behalf otherwise delivery charges will not be refunded. If you are not satisfied with your goods for whatever reason, you may cancel your order up to 7 days upon receipt of the goods. We will refund your payment within 30 days of receiving the goods returned to us in the original packaging and condition, as sold by us.

Our Terms & Conditions for On-line Wholesale Customers

1. INTERPRETATION:
In these Terms and Conditions the following expressions will have the following meanings unless inconsistent with the context -
The Buyer means the person(s), firm or company (including a consumer) who agrees to buy the Goods from the Seller (and whose order for the Goods has been accepted;
The Consumer means an individual or entity who enters into a Contract to obtain Goods from the Seller for purposes which are outside its trade, business or profession;

2. FORMATION AND INCORPORATION:

2.1 All contracts of Sale made by the Seller shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communication, oral or written, from the Buyer.

2.2 The Contract is formed when the order is accepted by the Seller. No contract will come into existence until acceptance , either orally or in writing, of an order by the Seller.

2.3 Any amendments to these Terms and Conditions shall require to be in writing.

2.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.

2.5 Subject to condition 8.1 in relation to Buyers dealing as Consumers, the Seller may cancel the Contract at any time prior to delivery or performance

3. DESCRIPTION:
The quantity and description of Goods will be as set out in the order form. All samples, drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Sellers catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods represented or described by them. They will not form part of the Contract and this is not a sale by sample.

4. PRICE AND PAYMENT:

4.1. All contracts of Sale made by the Seller shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communication, oral or written, from the Buyer.

4.2. Should the price of the Goods change between receipt of order and despatch the Buyer will be notified and given the opportunity to cancel the order and receive a full refund

4.3. Subject to condition 8.2 in relation to Buyers dealing as Consumers, all payments to be made by the Buyer under the Contract will be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim

4.4. Unless credit terms have been agreed between the Buyer and the Seller, payment by the Buyer under the Contract shall be proforma and Goods will not be despatched until all payments to be made under the Contract have been made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim

4.5. Subject to clause 8.4 in respect of Buyers dealing as Consumers, the Seller may invoice the Buyer for the Goods on or at any time after delivery, and payment is due within 30 days of service of that invoice, or upon termination of the Contract, whichever occurs first. The Seller may, in its absolute discretion, require payment to be made before the provision of any Goods by the Seller

4.6. The Seller may at any time suspend provision of the Goods if the Buyer is late in making any payment due to the Seller

4.7. If any sum payable under the Contract is not paid when due, without prejudice to the Seller’s other rights under this Contract, that sum will bear interest from the due date until payment is made in full, both before and after judgement, at a rate of 4% per annum over The Bank of Scotland’s base rate from time to time and the Seller will be entitled to suspend deliveries of Goods until the outstanding amount has been received.

5. DELIVERY:

5.1. The Goods shall be delivered to the Buyer’s premises and the Buyer shall make the necessary arrangements to take delivery at any time of day. If the Buyer fails to take delivery, the Goods will be deemed to have been delivered and the Seller, without prejudice to its other rights, may at its option;
5.1.2: store or arrange for storage of the Goods until actual delivery or sale and charge the Buyer for all related costs and expenses ( including, without limitation, storage and insurance) and/ or;
5.1.3: use reasonable endeavours to rearrange to re- deliver of the Goods and charge the Buyer for all related costs and expenses relating to such re-delivery, but if unable to re-arrange delivery, following written notice to the Buyer, sell any of the Goods at the best price reasonably obtainable in the circumstances and charge the Buyer for any shortfall below the price under the Contract or account to the Buyer for any excess achieved over the price under the Contract, in both cases having taken into account any charges in relation to the sale.
5.2.The Seller will use reasonable endeavours to deliver the Goods within the time agreed when the Buyer places an order and, if no time is agreed, then within a reasonable time, but time is not of the essence. Subject to condition 8.1 where the Buyer is dealing as a Consumer, any delay in delivery or performance will not entitle the Buyer to cancel the Contract unless and until the Buyer has given 30 day’s written notice to the Seller requiring the delivery to be made and the Seller has not fulfilled the delivery within that period. If the Buyer cancels the order in accordance with this condition 5.2 then:
5.2.1. the Seller will refund to the Buyer any sums which the Buyer has paid to the Seller in respect of that order or part of the order which has been cancelled;
5.2.2. the Buyer will be under no liability to make any further payments under Condition 4 in respect of that order or part of that order which has been cancelled; and
5.2.3. The Seller will have no other liability to the Buyer in respect of the delay or failure of the Seller

6. RISK/TITLE:

6.1. All Goods will remain the property of the Seller until payment is received in full (in cash or cleared funds).

6.2. Risk in the goods will pass to the Buyer from delivery of the Goods unless the Buyer is dealing as a Consumer, in which case the Goods will remain at the Seller’s risk until they are delivered to the Consumer or deemed to have been delivered in accordance with condition 5.1

6.3. The Buyer’s right to possession will terminate immediately upon the occurrence of an event which would allow the Seller to terminate the Contract under clause 12.1

6.4. The Buyer grants the Seller, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored where the Buyer’s right to possession has terminated, to recover them

7. SELLERS LIABILITY:

7.1. This condition 7 is in addition to and does not affect a Consumer’s rights in relation to defective Goods given to consumers by law

7.2.T he Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing within 7 days from delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to so notify the Seller then the Buyer shall be deemed to have accepted the Goods

7.3. Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packaging at the Buyer’s risk and either;
7.3.1. retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the Goods; or
7.3.2. at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packaging to the Buyer if the Goods are in fact defective.

7.4. The Seller will, free of charge within a reasonable period from the date of delivery of Goods which are proved to the reasonable satisfaction of the Seller to be damaged or defective due to defects in material, workmanship or design (other than a design made or furnished by the Buyer) replace such Goods.

7.5. Seller will deliver any replaced Goods to the Buyer at the Seller’s own expense

7.6. Any Goods which have been replaced will belong to the Seller

7.7. The Seller does not exclude its liability (if any) to the Buyer for any matter for which it would be illegal for the Seller to exclude (or to attempt to exclude) its liability including those matters referred to in Condition 8.4 where the Buyer is dealing as a Consumer

7.8. Except as provided in Conditions 7.1 to 7.6 and 8.4 the Seller will be under no liability to the Buyer whatsoever (whether in contract, Tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with any Contract including the provision of any Goods

7.9. Except as set out on Conditions 7.1 to 7.6 and 8.4 the Seller hereby excludes to the fullest extent permissible in law, all conditions , warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, c customary or otherwise which, but for such exclusion, would or might subsist in favour of the Buyer

7.10. Save where the Buyer is dealing as a Consumer, the buyer agrees to indemnify and hold harmless the Seller from and against all costs (including the costs of enforcement) expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), damages, claims, demands, proceedings or legal costs (on a full indemnity basis) and judgements which the Seller incurs or suffers as a consequenceof a direct or indirect breach or negligent performance or failure or delay in performance by the Buyer of the terms of the Contract

8. ADDITIONAL TERMS ONLY RELATING TO BUYERS DEALING AS CONSUMERS:

8.1. Once a Contract has come into existence between the Seller and a Consumer, the Seller shall only be entitled to cancel the Contract in accordance with condition 12. If the Seller has not delivered Goods to a Buyer dealing as a Consumer within 30 days of the Consumer’s order the Consumer may cancel the Contract and the Seller will refund any money paid

8.2. Following delivery, Buyers dealing as Consumers have the right to cancel a Contract (other than for personalised or perishable products, or other products which the Seller has specified as non-returnable) and receive a refund. The Consumer must inform the Seller within 7 working days, commencing on the day after the Goods are delivered to the Consumer. If the Consumer chooses to cancel, the Goods must be returned at the Consumer’s cost and risk and Consumers must take reasonable care of the Goods. If the Consumer does not return the Goods within 14 days of cancellation or when requested to do so by the Seller, whichever occurs first, the Seller can collect the goods at the Consumer’s cost

8.3. Buyers dealing as Consumers are required to inspect the Goods for the purpose of ascertaining whether or not at the time of delivery they are damaged or defective. Buyers acting as Consumers are required to notify the Seller as soon as reasonably practical in the event that Goods are found on inspection to be defective or damaged. The Seller will then arrange for the return of the Goods to the Seller at no cost to the Consumer. If the Goods are found to be damaged prior to delivery to the Consumer, or defective, the Seller will repair or replace the Goods or refund the price paid by the Consumer.

8.4. Buyers dealing as Consumers have other rights granted by law in addition to those set out in these Terms and Conditions which the Seller cannot exclude. These Terms and Conditions do not affect those other rights granted by law

9. FORCE MAJEURE:
The Seller will not be liable to the Buyer for any failure or delay or for the consequences of any failure or delay in performance of the Contract, if it is due to any event beyond the reasonable control and contemplation of the Seller, including, without limitation, acts of God, war, industrial disputes, protests, fire, flood , lock-outs, failure of third parties to deliver goods, tempest, explosion, an act of terrorism and national emergencies and the Seller will be entitled to a reasonable extension of time for performing such obligations and in any event for as long as such performance of such obligations is prevented

10. NO WAIVER:
The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions

11. INTELLECTUAL PROPERTY:

11.1. All intellectual property rights in the Goods belong to the Seller [or to its licensors] absolutely. All intellectual property rights created, developed or discovered by the Seller (whether alone or with any other person including the Buyer) in the provision of the Goods shall belong to the Seller absolutely

11.2. The Buyer may not make or distribute copies of the Goods;
11.2.1.sell, sub-licence or transfer the Goods to any third party;
11.2.2. make any public presentation using the Goods or any printed copy of the same without the prior written consent of the Seller

11.3. The Buyer shall notify the Seller immediately if the Buyer becomes aware of any claim made against the Buyer that normal use or possession of the Goods infringes or is alleged to infringe the intellectual property right of any third party.

11.4. If at any time in connection with any Contract the Buyer (whether alone or with any other person) creates any intellectual property related to the subject matter of the Contract, the Buyer shall treat such intellectual property and all information relating to it as confidential to the Seller and shall promptly disclose to the Seller full details of such work. The property, including all intellectual property shall vest in the Seller absolutely and the Buyer agrees to assign the same to the Seller and the provisions of Condition 11.6 shall apply

11.5. The Buyer hereby irrevocably and unconditionally waives in favour of the Seller any and all moral rights conferred on the Buyer by virtue of the Copyright Designs and Patents Act 1988 (and any amendments or supplements thereto) for any design or copyright work referred to in Condition 11.4.

11.6. Notwithstanding any prior termination of a Contract, at the request of the Seller, the Buyer shall do all things necessary or desirable to enable the Seller or its nominee to confer absolute title to and ownership of and to obtain the benefit of the rights including the intellectual property referred to in Condition 11.4 and to secure patent, design or other appropriate forms of protection for it throughout the world.

12. TERMINATION:

12.1. The Seller may by written notice terminate the Contract immediately if the Buyer is in material breach of the Contract or enters into insolvency, bankruptcy, any arrangement with its creditors or any other arrangement or situation which has like effect. Failure to pay any sums due in accordance with Condition 4.5 is a material breach of the terms of the Contract which is not capable of remedy

12.2. The termination of the Contract howsoever arising is without prejudice to the rights, duties and liability of either the Buyer or the Seller accrued prior to termination. The conditions which expressly or impliedly have effect after termination will continue to be in force notwithstanding termination

13. GENERAL:

13.1. Save as set out in the Contract, these Terms and Conditions may only be varied or amended in writing and signed by a director of the Seller

13.2. The Contract is personal to the Buyer who may not assign, delegate, license, hold on trust or sub-contract all or any of the rights and obligations under the Contract without the Seller’s prior written consent

13.3. The Contract contains all the terms which the Seller and the Buyer have agreed in relation to the Goods and supersedes any prior written or oral agreements, representations or understandings between the parties relating to such Goods. The Buyer acknowledges that it has not relied on any promise, statement or representation made by or given by or on behalf of the Seller which is not set out in the Contract. Nothing in this Condition 13.3 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently

13.4. The parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it

13.5. For the avoidance of doubt should there be any conflict between the terms and conditions of sale set out in this document and any special terms attached to them then the special terms shall prevail

13.6. If any part of these terms and conditions that is not fundamental is found to be illegal, or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions

13.7. The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or any term of the Contract will be governed by the laws of Scotland. The Scottish courts will have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the Contract. The parties agree to submit to that jurisdiction