Terms and Conditions

Welcome to the Mortimers of Speyside site Terms & Conditions for use. These terms & conditions apply to the use of this site www.mortimersofspeyside.co.uk and by accessing this site and/or placing an order, you agree to be bound by these terms & conditions.

The www.mortimersofspeyside.co.uk site is operated by:

Mortimers of Speyside

Our contact details are as follows:

3 High Street
Grantown on Spey
Morayshire
PH26 3HB
Email: [email protected]

1. INTRODUCTION

1.1 You will be able to access all areas of this site.

1.2 We may revise these terms & conditions at any time by updating this posting. You should check this site from time to time to review the current terms & conditions, because they are binding on you. Certain provisions of these terms & conditions may be superseded by expressly designated legal notices or terms located on particular pages of this site. If you do not wish to accept any new terms & conditions after we have given notice, you should not continue to use this site.

2. ORDERING FROM US

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors.

2.2 Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 We may refuse to accept an order:

1. where goods are not available;
2. where we cannot obtain authorisation for your payment;
3. if you do not provide sufficient identification required when ordering certain items;
4. if there has been a pricing or product description error; or
5. if you do not meet any eligibility criteria set out in our terms and conditions.

3. PRICING

3.1 All prices include VAT (where applicable) at the current rate. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this site.

3.3 Our prices are reviewed periodically.

4. CANCELLATION AND RETURNS POLICY

4.1 If you wish to cancel your order:

1. you can notify us by email to [email protected] before we have dispatched the goods to you; or
2. where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.

4.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.

4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.

4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances:

1. in the event that the product has been used
2. in the case of software, audio or visual products, where the packaging has been unsealed
3. to any products that we have made or customised specifically for you

The provisions of this clause 4.4 do not affect your statutory rights.

5. LICENCE

5.1 You are permitted to print and download extracts from this site for your own use on the following basis:

1. no documents or related graphics on this site are modified in any way;
2. no graphics on this site are used separately from accompanying text; and
3. any of our copyright and trade mark notices and this permission notice appear in all copies.

5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this site (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this site other than in accordance with clause

5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this site automatically terminates and you must immediately destroy any downloaded or printed extracts from this site.

5.3 Subject to clause 5.1, no part of this site may be reproduced or stored in any other site or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS

6.1 While we endeavour to ensure that this site is normally available 24 hours a day, we will not be liable if for any reason this site is unavailable at any time or for any period.

6.2 Access to this site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. LINKS TO AND FROM OTHER SITES

7.1 Links to third party sites on this site are provided solely for your convenience. If you use these links, you leave this site. We have not reviewed all of these third party sites and do not control and are not responsible for these sites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.

7.2 If you would like to link to this site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:

1. you do not remove, distort or otherwise alter the size or appearance of the Mortimers of Speyside logo;
2. you do not create a frame or any other browser or border environment around this site;
3. you do not in any way imply that we are endorsing any products or services other than our own;
4. you do not misrepresent your relationship with us nor present any other false information about us;
5. you do not otherwise use any Mortimers of Speyside trade marks displayed on this site without our express written permission;
6. you do not link from a site that is not owned by you; and
7. your site does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause 7.2 for breach of these terms and to take any action we deem appropriate.

7.3 You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of clause 7.2.

8. DISCLAIMER

8.1 While we endeavour to ensure that the information on this site is correct, we do not warrant the accuracy and completeness of the material on this site. We may make changes to the material on this site, or to the products and prices described in it, at any time without notice. The material on this site may be out of date, and we make no commitment to update such material.

8.2 The material on this site is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms & conditions might have effect in relation to this site.

9. LIABILITY

9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this site in any way or in connection with the use, inability to use or the results of use of this site, any sites linked to this site or the material on such sites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this site or your downloading of any material from this site or any sites linked to this site.

9.2 Nothing in these terms & conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on this site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms & conditions by you, or your use of this site, or the use by any other person using your registration details.

10. GOVERNING LAW AND JURISDICTION

10.1 These terms & conditions shall be governed by and construed in accordance with Scottish law. Disputes arising in connection with these terms & conditions shall be subject to the exclusive jurisdiction of the Scottish courts.
10.2 We do not warrant that materials/items for sale on the site are appropriate or available for use outside the United Kingdom. It is prohibited to access the site from territories where its contents are illegal or unlawful. If you access this site from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

11. MISCELLANEOUS

11.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
11.2 If any provision of these terms & conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.