Our Terms and Conditions
1. USE OF THE WEBSITE
www.shop.hopetoun.co.uk is a site operated by Hopetoun Retail Limited, a company registered in Scotland under company number SC385791 and with our registered office at 5 Atholl Crescent, Edinburgh, EH3 8EJ (“we”, “us”, “our”). Our main trading address is Hopetoun Farm Shop, Hopetoun Woods, Newton EH52 6QZ.
1.2. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
1.3. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
1.4. These Terms will apply to any contract between us for the sale of Products to you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please tick the box at the end of these Terms to confirm that you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
1.5. You should print or save these Terms for your records.
1.6. We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.7. Please contact us if you would like further information about these Terms. Our working hours are Monday to Sunday 10 a.m. to 5 p.m. all year round, with the exception of public holidays: Hopetoun Retail Limited, Hopetoun Farm Shop, Hopetoun Woods, Newton, Broxburn EH52 6QZ. Tel: 01506 830716 Email: email@example.com
2. CONTRACT CREATION
2.1. All orders received are subject to acceptance by us and we reserve the right to reject any order without giving reasons.
2.2. Subject to clause 2.1, the technical steps required to form the Contract are as follows:
2.2.1. you place the order for your Products on our site by pressing the complete checkout button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions our site;
2.2.2. we will send to you an order acknowledgement e-mail detailing the Products you have ordered. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take placed as described in clause 2.2.4;
2.2.3. order acceptance and the completion of the Contract will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order.
2.3. Non-acceptance of an order may be a result of one of the following:
2.3.1. the product you ordered is not available from stock;
2.3.2. we are unable to obtain authorisation for your payment;
2.3.3. a price or product description error is identified; and
2.3.4. you do not meet the eligibility to order criteria set out in the main Terms and Conditions.
3. OUR PRODUCTS
3.1. The images, descriptive matter and/or any advertising of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2. A full list of contents is given with each order. Photographic props are not included, unless otherwise stated in the list of contents.
3.3. Certain Products on our site contain alcohol. Such Products can only be purchased if you are at least 18 years old and you, therefore, satisfy the legal age requirement for those Products. We are not allowed by law to supply these Products to you if you do not satisfy the age requirements. In addition the recipient of such product, if buying for a gift must also be over the age of 18. If you are underage or recipient is underage, please do not attempt to order these Products through our site.
3.4. Whilst we make every effort to supply items described in our detailed listings, in the event of supply difficulty, it may be necessary to substitute items of an equal or higher value. In the event you do not want to keep a particular substitute item and you decide to cancel the Contract (as per the terms of clause 5) then we will meet any reasonable costs you incur in returning the item to us.
4. DELIVERY INFORMATION AND COSTS
4.1. Your order will incur the delivery charge quoted at the time you place your order.
4.2. Your Products will be delivered via a suitable carrier.
4.3. A signature may be required on receipt. If you are not around to take delivery of your Products, the carrier will leave a calling card telling you how you can pick it up.
4.4. If you do not contact the courier, one further delivery attempt will be made.
4.5. If the courier is still unable to deliver after this point the Products will be returned to us.
4.6. For Products to be delivered by us or our carriers to a place specified by you, delivery to you occurs when the Products are unloaded and the Products will then be your responsibility.
4.7. Any dates specified by us for delivery of the Products are estimates only and time of delivery shall not be of the essence of the Contract or made of the essence by notice. If no dates are so specified, or a specified date is missed, delivery shall be within a reasonable time.
4.8. We shall not be liable for any loss incurred by you occasioned by delay in delivery arising out of any cause beyond our control.
4.9. Ownership of the Products shall not pass to you until we have received (in cleared funds) all sums due to us in respect of the Products and all applicable delivery charges.
5. CONSUMER CANCELLATIONS
5.1. If you are a consumer, you have a period of 7 (seven) working days in which you may cancel a Contract, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays and public holidays are not included in this period
5.2. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible.
5.3. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
5.4. However, this cancellation right does not apply in the case of:
5.4.1. goods which are liable to deteriorate or expire rapidly, for example perishable food or drink, or fresh flowers; and
5.4.2. audio or video recordings if they are unsealed by you.
5.5. To cancel a Contract, you must contact us in writing by sending an e-mail or by sending a letter to the addresses listed at clause 1.5 above. You may wish to keep a copy of your cancellation notification for your own records.
5.6. If you wish to exercise your right of cancellation:
5.6.1. you are obliged to return the Products as soon as reasonably practicable;
5.6.2. you are responsible for the cost of returning the Products to us; and
5.6.3. you must retain possession of the goods and take reasonable care of them while they are in your possession.
6.1. The prices of the Products will be as quoted on our site from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of any Product you ordered, please see clause 6.4 for what happens in this event.
6.2. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
6.3. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time, as per clause 4 above.
6.4. Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
6.4.1. where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
6.4.2. if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
6.5. You can only pay for Products online by PayPal or Sage Pay.
7. OUR LIABILITY IF YOU ARE A CONSUMER
7.1. This clause 7 only applies if you are a consumer.
7.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3. We do not in any way exclude or limit our liability for:
7.3.1. death or personal injury caused by our negligence;
7.3.2. fraud or fraudulent misrepresentation;
7.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
7.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
7.3.5. defective products under the Consumer Protection Act 1987.
8. OUR LIABILITY IF YOU ARE A BUSINESS
8.1. This clause 8 only applies if you are a business customer.
8.2. We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
8.3. Nothing in these Terms limit or exclude our liability for:
8.3.1. death or personal injury caused by our negligence;
8.3.2. fraud or fraudulent misrepresentation;
8.3.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
8.3.4. defective products under the Consumer Protection Act 1987.
8.4. Subject to clause 8.3 we will under no circumstances whatsoever be liable to you, whether in contract, delict, breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
8.4.1. any loss of profits, sales, business, or revenue;
8.4.2. loss or corruption of data or information;
8.4.3. loss of business opportunity;
8.4.4. loss of anticipated savings;
8.4.5. loss of goodwill; or
8.4.6. any indirect or consequential loss.
8.5. Subject to clause 8.3 and clause 8.4, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, delict, breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
8.6. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
9. FORCE MAJEURE
9.1. The following definition will apply in this clause 9:“Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.9.2. Whilst every effort will be made to meet our customers’ demands, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
9.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
9.3.1. we will contact you as soon as reasonably possible to notify you;
9.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control;
9.3.3. where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the event outside our control is over. If, however, the new delivery is not acceptable, then the customer may cancel the order.
11. OTHER IMPORTANT TERMS
11.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
11.2. This contract is between you and us. No other person shall have any rights to enforce any of its terms
11.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.4. Scots law will apply to these Terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the Scottish courts will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms, and for these purposes irrevocably submit all such disputes to the jurisdiction of the Scottish courts. The place of performance of any Contract created by your use of our site, subject to these Terms, will be Scotland.