TERMS AND CONDITIONS FOR THE SALE AND SUPPLY OF GOODS
Your use of our website means that you accept, and agree to abide by, all the policies in the terms and conditions for the sale and supply of goods, which supplement our terms of website use. Please read them carefully as they contain important information.
GENERAL TERMS AND CONDITIONS
This website is owned and operated by Naysmith Ltd and registered in Scotland, Registration No. SC321669, with registered address at Unit 5/6 Polbeth Industrial Estate, West Calder, West Lothian, EH55 8TJ. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at [email protected], call us on 01506 870 220 or write to our companies registered address.
1. THE CONTRACT BETWEEN US
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched and we send you an invoice. Only at this point is a legally binding contract created between us. Please ensure you provide us with a valid email address as we will email your invoice to you. If you do not have an email address, please give us a call to place your order and we will post a hardcopy out to you.
PROOF OF TRANSACTION
The records stored in our computer systems, under reasonable safety conditions, are considered proof of communications, orders and payments made between the parties. Purchase orders, invoices and proof of deliveries are stored on a reliable and durable system and can be produced as evidence.
2. ACKNOWLEDGEMENT OF YOUR ORDER
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. OWNERSHIP OF RIGHTS
All rights, including copyright, in this website are owned by or licensed to Naysmith Limited. Any use of this website or its contents, including copying or 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, distribute or repost anything on this website for any purpose.
4. ACCURACY OF CONTENT
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. In the event of a transmission error we will contact you ASAP in the morning to resolve the issue so we can despatch your order on time.
We reserve the right to alter specifications without prior notice. All weights, sizes, dimensions and capacities given are as a guide only and are approximate. Representations of colour are approximate due to the limitations of photographic and calibrations of different output devices.
There may also be slight occasional differences such as handle finishes or slight length or span differences, where the manufactures have changed the specifications and have failed to inform us of the changes.
Although we do our best to ensure stock levels are correct, human error and product popularity may affect the true availability at the time of your order.
5. DAMAGE TO YOUR COMPUTER
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the correct equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will try our best to get in touch with you by email or phone before the despatch time. You will either have the option either to wait until the item is available from stock or to cancel your order. If we are unable to contact you in time, we will place the item on back order and send out the remainder of your order. If the item is not coming back into stock within 10 working days, we will refund the item and you will be notified by email.
If you wish to order an out of stock item, please call us or send an email request, if we know that the item is due to come back into stock, we can place a back order for you. It will be despatched as soon as it arrives back into stock. Payment will normally only be taken when the order is ready for despatch.
7. ORDERING ERRORS
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process. If other amendments to your order details are necessary after this, please contact us immediately.
The prices payable for goods that you order are as set out on our website. All prices shown are inclusive of VAT at the current rates and are correct at the time of entering information.
Currently for orders made from the UK or the European Union, 20% VAT is added. All other orders are VAT free and prices are amended at checkout or once you have logged in with your address.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated on our website, we will advise you by email, and offer to sell you an alternative of a specification and description at the price stated in the email, and we will furthermore state in the email the period for which the offer or the price remains valid.
9. PAYMENT TERMS
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
We accept Visa, MasterCard, Maestro, American Express, Electron. All debit and credit card payments are in GBP. If you are shopping from North America or anywhere else, place your order and your credit card company will convert the transaction to US Dollars or your own currency and the conversion will show on your card statement. Exchange rates are controlled by your card issuer.
We can still accept cheques that are in GBP Sterling and drawn on a UK BANK ONLY. Please make payable to Naysmith Ltd and cross A/C Payee. Goods will be despatched once your cheque has been cleared. If payment is not received within 10 working days of the order being placed the order will be cancelled and the goods returned to stock.
10. DELIVERY CHARGES
Delivery charges vary according to the type of goods ordered.
11.1 Our delivery charges are set our despatch & delivery policy.
11.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations on a next day delivery service.
11.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
11.4 The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
11.5 As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse Naysmith Ltd, and we will deliver a new, identical package to the customer free of charge.
11.6 We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
11.7 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
11.8 Naysmith Ltd will not accept liability for non-delivery, where this is caused by circumstances beyond our control. But if your order has not been delivered after 10 working days from the date of despatch, and cannot be traced then we will replace the item at no extra cost.
12. RISK AND OWNERSHIP
Risk of damage to or loss of the goods passes to you at the time of delivery to you. You will only own the goods once they have been successfully delivered.
13. CANCELLATION RIGHTS
13.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
13.2 Should you wish to cancel your order, please phone or e-mail our customer service department quoting the order reference number and we will issue you with a returns number. If you cancel your order before despatch a full refund will be given. All goods must be returned to our Polbeth Address in West Calder.
13.3 You cannot cancel your contract if the goods you have ordered are bespoke (i.e. custom made to order or changed to your specification) or on proforma contracts, (where we send you a proforma invoice before payment)
13.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
13.5 Once you have notified us that you are cancelling your contract, and we have received the goods back we will refund any sum debited by us from your credit or debit card within 14 calendar days.
13.6 Only complete and unused goods in perfect condition for resale will be accepted, you must not use or open the items or remove the labels or plastic/cellophane pouches. No refunds or exchanges will be made for incomplete, damaged or unsealed goods. We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using the goods prior to cancellation)
14. CANCELLATION BY US
14.1 We reserve the right not to process your order if:
14.1.1 We have insufficient stock to deliver the goods you have ordered;
14.1.2 We do not deliver to your area; or
14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
15. IF THERE IS A PROBLEM WITH THE GOODS, LOSS, MISSING OR DAMAGE IN TRANSIT
15.1 If you have any questions or complaints about the goods please contact us. You can do so by emailing us at [email protected]
15.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
15.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them or post them back to us. We will pay the cost of postage for their return using a service of our choice.
15.4 Naysmith Ltd will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to Naysmith Ltd and the carrier within three (3) business days of delivery.
15.5 In the event of damage of goods or part thereof in transit, the customer must hold the goods and box and make them available for inspection or collection by Naysmith Ltd or its representatives on request. We may ask you to take photograph of the damage and email it to us as proof, so that we can then send out a replacement faster.
15.6 Generally we will despatch everything on your order in the one parcel. If an item is placed on back order we would have contacted you via phone or email to let you know that this is what we have done. So for any discrepancy between the goods delivered and the goods ordered, we will investigate the issue ASAP and if an item has been missed in packing we will despatch the missing item ASAP.
16.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund. The total liability for any claim however arising shall not exceed the price of the goods supplied by Naysmith Limited.
16.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
16.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
16.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
16.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
17.1 We guarantee your satisfaction. All our products come with a 7 day no quibble guarantee. If an item arrives faulty then inform us within 7 days and we will replace or refund.
17.2 Our product guarantee period is twelve months from the date of purchase, if repair is not possible we will replace the faulty item, the original date of purchase will still apply to the replacement.
17.3 Proof of purchase must be provided and the guarantee does not cover goods used inappropriately (e.g. for stage props). Everyday wear and tear is not covered by our guarantee.
Please note: that we cannot credit for wind damage, this is a natural phenomenon and damages caused by the wind do not constitute a manufacturing fault. Also, we are not responsible if it does not rain on your special day, we are very pleased that the sun shone for you, but we cannot refund the umbrellas you did not need to use.
18.1 The provisions hereof cannot deprive the customer of their right to legal warranty requiring Naysmith Ltd to protect the customer against latent defects of goods sold.
18.2 The customer is expressly informed that Naysmith Ltd is not the manufacturer of the goods presented on Brolliesgalore and that Naysmith Ltd shall not be held liable for defective goods.
18.3 In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
18.4 All products sold on Brolliesgalore are under a one (1) year warranty. All products that have been modified or repaired by the customer or any other party not chosen by Naysmith Ltd are not covered by this warranty.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Naysmith Limited, Unit 5/6 Polbeth Industrial Estate, West Calder, West Lothian, EH55 8TJ and all notices from us to you will be displayed on our website from time to time.
20. CHANGES TO LEGAL NOTICES
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
21. LAW, JURISDICTION AND LANGUAGE
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Scots law. In case of dispute or claim, the customer agrees to seek an amicable solution with Naysmith Ltd before proceeding with any legal action. In the event where such a solution cannot be found, any disputes will be subject to the exclusive jurisdiction of the Scottish courts. All contracts are concluded in English.
All orders placed on Brolliesgalore strictly imply the acceptance of Naysmith Limited's terms and conditions.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
24. THIRD PARTY RIGHTS
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
25. FORCE MAJEURE
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
27. OTHER IMPORTANT TERMS
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.