TERMS AND CONDITIONS
Terms and conditions always sound formal, however, they are fairly standard and designed to enhance your online shopping experience and make it as straight forward and secure as possible
The terms and conditions apply to the use of the Scotch Tweed website. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions)
Please note, these terms and conditions can potentially change at any time, and it is up to you to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access these websites
If you have any queries relating to our terms and conditions, please contact the Customer Service team before placing an order
Scotch Tweed Ltdis registered at 24 Thornfield Avenue, Selkirk, TD7 4DT. Company Registration Number: SC461404. The following terms and conditions will apply between you and Scotch Tweed, when you buy an item from www.scotchtweed.co.uk. The terms do not affect your statutory rights
Your contract for purchases made through scotch tweed.co.uk is with Scotch Tweed Ltd
You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site
You warrant that all details you provide to Scotch Tweed for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card, Paypal account or bank account you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered
You agree that e-mail can be used as a long-distance means of communication
It is a crime to use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law
Scotch Tweed reserve the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:-
you fail to make payment to us when due
you breach any of our terms and conditions
when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on Scotch Tweed
YOUR RESPONSIBILITIES IF YOU BREAK THESE CONDITIONS
You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent
When placing an order, you agree that any and all information given is accurate and complete. All orders are subject to acceptance and product availability. Every care has been taken to describe items as accurately as possible, however slight variations may occur due to the individual nature of some goods. Availability information for products is listed on each individual product description. If Scotch Tweed does not have enough stock to deliver the goods we will advise you of alternative options or the delay in re-stocking by email. The delivery timescales on made to order items are approximate and are provided on each individual product description. All prices listed on Scotchtweed.co.uk are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. Prices listed in alternative currencies are subject to fluctuations in currency and may change on a daily basis. All prices shown include vat/sales tax at the current UK rate. Where applicable (ie for customers with an invoice address outwith the UK & Europe) vat will be deducted at the Checkout stage and detailed on your order confirmation. Payment will be taken in GB pounds sterling. Pricing shown in Euros and US Dollars is for guidance only and subject to fluctuations in currency. Scotch Tweed is not liable for any charges your credit card company or bank may make for overseas transactions. The purchaser will pay all ancillary costs over and above the price including delivery and local and regional customs duties and tariffs. No contract for the sale of any product will exist between you and Scotch Tweed until we accept your order. We will confirm the acceptance by sending you an email. This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P) and usual delivery times. You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect. If your order has not been accepted, you will receive an email from us telling you the reasons why. We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login
The delivery period stated within which you will receive your order is approximate. For custom made items the make-up time is listed on the individual product pages. Goods will be sent to the address given by you in your order. During busy periods made to order items may take slightly longer than stated. If you have any concerns please contact our Customer Service Team
If your delivery address is outside of the UK, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information
Please note international shipments may be subject to cross-border inspections by customs authorities
We accept most major credit/debit card and you can also pay via Paypal
All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. Payment will be taken in GB pounds sterling. Pricing shown in Euros and US Dollars is for guidance only and subject to fluctuations in currency. Scotch Tweed is not liable for any charges your credit card company or bank may make for overseas transactions
All credit card payments are securely processed by Paypal
Scotch Tweed does not store any credit card information when you purchase through our platform
CANCELLING AN ORDER/RETURNS PROCEDURE
If you haven’t submitted an order, you may clear the items in your shopping basket at any time by clicking the ‘Remove’ button next to the product you do not wish to purchase in you shopping basket. If you have placed an order but then wish to change or cancel it, please contact us as soon as you can, as orders move rapidly through to our warehouse. We will try our best to make any changes but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures. You will find more information about this in our Help pages and Returns & Exchanges pages. Once we've heard from you that you wish to cancel an order, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 30 days of your order, provided the goods you return are in the same condition that they were when delivered to you. You will be liable to any charges incurred when returning the goods to Scotch Tweed, unless the return is as a result of an error on our side. If you are in the European Union and you cancel your order within 14 days after the day you get your goods, and you cancel the whole order, we will refund the standard postage and packing costs you paid as part of that order (if any), in accordance with the Distance Selling Regulations. If you paid for premium or express delivery, we will only refund the cost of standard delivery. You will have to pay the costs of sending the order back to us. We will not refund any postage and packing charges if you cancel after the 14 working days allowed under the Distance Selling Regulations or if you only cancel part of your order (although you still have 30 days to return your goods and receive a refund for the cost of the goods)
You can cancel this contract if you so wish, provided that you exercise your right to do so within 14 working days after the day on which you receive the products. If you wish to cancel your order, please email us or provide your cancellation request in writing. It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us
You may return items from stock sold by Scotch Tweed within 30 days from the date of despatch for a full refund. Custom made items are non-returnable. For more information, please refer to our Returns policy
Scotch Tweed will be happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped through any circumstance that is in our error within 30 days from the date of despatch, provided stock is available. For more information and information on our policy for made to order items, please refer to our Returns & Exchanges policy
We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights
We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product. The products sold on the Scotch Tweed websites are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Scotch Tweed. We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for: Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or Any loss of goodwill or reputation; or Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees
All rights, including copyright, in the content of the Scotch Tweed web pages are owned or controlled by Scotch Tweed Ltd. In accessing Scotch Tweed web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Scotch Tweed web pages for any other purpose whatsoever without the prior written permission of Scotch Tweed
If you wish to request permission to use photography or other content from our website for Press purposes please contact our Marketing team
THIRD PARTY INFORMATION
We can not be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Scotch Tweed products are those stated on the Scotch Tweed websites. We can not vouch for the reliability of prices stated on shopping directories or through any other third party
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. Entire agreement
By placing an order with us you will be deemed to have read, understood, accepted and agreed to being bound by the foregoing terms and conditions of access. Governing Law & Jurisdiction Scottish Law applies to this contract. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable
We protect our customers against unsolicited mail and will not make your name or details available to any other companies without your permission. At any stage you also have the right to ask us to stop using your personal data for direct marketing purposes. You can opt-out or request that we delete your personal data at any time by emailing us or by using the privacy controls within your account. See below for your rights in regard to personal information and data.
THE DATA WE COLLECT
IDENTITY AND CONTACT DATA
When you use our services and submit any forms (for orders, information requests, Livechat, newsletter sign-ups, competitions, surveys and reviews) we collect and use this information to make your shopping experience as easy and enjoyable as possible. We use this data to process your order, inform you of any delays or problems and if you have asked us to do so to send you special offers and promotions, or information about our products and services. We will also use this data to improve our products and services and grow our business
PAYMENT AND TRANSACTIONAL DATA
We will retain records of your orders and delivery details to allow you to keep track of sizes and tartans previously ordered and make reordering quick and easy. Payments made via our website are processed securely by Paypal Merchant Services. Full details of their security policy can be found here. We do not store or retain payment details such as credit card numbers. Any account details entered for direct bank payments are not available to us but are retained by our bank Clydesdale and their security policy can be found here
GENERAL CORRESPONDENCE DATA
Conversations we have with you by phone, Livechat and email may be maintained by us so we can better answer your questions and sort out your orders in the future. We may also collect information from conversations with us or about us on other platforms such as reviews and social media. We use this data to enable us to offer you a personalised customer service you would expect from us
TECHNICAL AND WEBSITE USAGE DATA
MARKETING AND COMMUNICATIONS
We will use your data to send you transactional information such as order confirmations and updates, and to let you know about services and any changes to our policies and terms. We will also send you newsletters, product and special offers from time to time by post or email if you have opted in to receive these. You may request that we unsubscribe you at any time by email or by changing your settings in your account. Please include your postal address as well as your full name and email address so we can ensure we have the correct customer. Please note while email unsubscribes are relatively immediate printed mailers are prepared in advance and may take up to 4 weeks to take effect
SHARING YOUR DATA
We protect our customers against unsolicited mail and will certainly not sell your name or details to any other companies without your permission.
Scotch Tweed is a registered data user under the Data Protection Act and we comply with the recent GDPR updates. We will never pass on your details on to a third party for marketing purposes
Agents (including credit card clearing agencies that we use to process the orders you place with us or who assist us in the service we provide to you. In these instances, we provide them with only the information they need to perform their function
Delivery agents - we use Royal Mail, DPD, UPS, Fedex and Parcelforce to deliver our parcels and we will share your delivery information with them so you can receive your parcel
Service providers - your information may be available to a greater or lesser extent to the following companies who support our business. We will always provide the minimum amount of information or access necessary to allow them to do their jobs, and we lay down strict restrictions on how partners can use and disclose this data wherever possible.
- Service providers such as our web developers, our digital marketing agency and our data hosts
- Livechat and email providers
- Professional advisers including lawyers, bankers, accountants, auditors and insurers
- Outside research companies whom we may ask to contact you directly for your opinions on our products and services (in which case we provide them with only the information they need to perform their function)
Change of ownership: In the very unlikely event that our business assets are ever sold to or purchased by another company. (Our data records are part of our business)
THE LAWFUL BASIS FOR PROCESSING YOUR DATA
YOUR LEGAL RIGHTS
You can opt out or ask us to stop using your personal data for direct marketing purposes at any time by emailing us or by using the privacy controls within your account. See below for your rights in regard to personal information and data
- You can request access to your personal data
- You can request correction or changes to your personal data
- You can request at any time that we do not process your personal information for marketing purposes
- You can also request that we delete all information we hold about you and any previous orders. Please note that this does mean we cannot look back and confirm sizes or tartans from your order history if you wish to order with us again.
- You may request details of any personal information we hold about you and how we use this information. Data requested deemed as excessive or repeated may be subject to a fee. We will require proof of identity before we can supply any personal data.
To see all the information we have about you, and to correct any inaccuracies, please write to:
The Data Protection Officer
24 Thornfield Avenue
The Scotch Tweed website (www.scotchtweed.co.uk) places cookies, which are small data files, on your computer or handheld device. This is standard practice for all websites.
By using and browsing the Scotch Tweed website, you consent to cookies being used in accordance with our policy. If you do not consent, you must disable cookies or refrain from using the site. For further information about managing and disabling cookies on your computer see www.allaboutcookies.org/manage-cookies
Cookies are small text files that websites send to your computer. A cookie can be thought of as an Internet user's identification card. They let the website know when the user has returned. This lets the site bring up information relevant to that user, for example your name, past orders etc
Cookies are not computer programs, and can't read other information saved on your hard drive. They cannot be used to disseminate viruses, or get a user's email address etc. They only contain and transfer to the website as much information as the users themselves have disclosed to that website
These are the different types of cookies that we use:
Essential Cookies - to allow you to use the basic functions such as browsing our products, placing orders and making payments, accessing your account if you have one and viewing your current and previous orders.
Performance Cookies - these allow us to look at usage of our website, how many visitors we have and how you are finding us. We use this information to improve your browsing experience better, improve our website and show you the products and information you want to see.
Functionality Cookies - these allow us to provide extra functionality such as pricing in alternative currencies and retain this information for your next visit. These cookies are not essential to the operation our website but they do really improve your user experience.
We use encryption to safeguard your credit card information and only accept orders from web browsers that permit communication through Secure Socket Layer (SSL) technology - this means you cannot inadvertently place an order through an unsecured connection. Most web browsers above version three support this security.
This encryption makes it virtually impossible for unauthorised parties to read any information that you send us. The encryption technique we use is the highest standard available for e-commerce and certified by VeriSign, the world's most respected certification body for Internet firms.