TERMS AND CONDITIONS
General
This website is operated by Kinloch Lodge Limited (referred to as "Kinloch Lodge/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to these Terms and Conditions.
We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
All content included on this website, such as text, graphics, logos, images and software is the property of Kinloch Lodge or its content suppliers and is protected by United Kingdom and International copyright.
You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Kinloch Lodge will use reasonable endeavours to verify the accuracy of any information on this website but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of this website or that it will be timely or error-free, that defects will be corrected, or that this website or the server that makes it available is free of viruses or bugs or represents the full functionality, accuracy or reliability of the website.
Contract/Cancellation
When you submit an order to purchase a product from us, we will send you an e-mail confirming receipt of that order. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it and we have accepted your notice of cancellation prior to despatch.
Where we decline to accept your order, for whatever reason, we shall not be under any obligation to advise you of that reason.
These Terms and Conditions including the communications referred to supersede all prior representations, understandings and agreements between you and Kinloch Lodge relating to your use of this website (including the order of products) and set forth the entire agreement and understanding between you and Kinloch Lodge.
Risk
Risk of loss of or damage to products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
Price/Payment
We take payment from your credit card at the time we despatch your order. Products are subject to availability. In the event that we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
The price you pay is the price displayed on this website at the time we receive your order subject to the following qualification: while we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of products you have ordered we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.
All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.
Limitation of our liability to you
Kinloch Lodge will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this website and accepts no liability of any kind for any loss or damage from action taken in reliance on material or information contained on this website.
Kinloch Lodge will not be liable, in contract, tort, delict (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with your order or your use of this website for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect or consequential losses.
We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
We have selected our products on the basis that they will be used for domestic use only, but, if you are planning to use them for business purposes, please make sure that you are covered by appropriate insurance.
Kinloch Lodge shall not be liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond its reasonable control.
Returns and Refunds
Our 10-day returns guarantee means that, if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 10 days of the date you received it, unopened (with any seals and shrink-wrap intact) and we will issue a full refund for the price you paid. We can only accept the return of an opened product if it is faulty.
When you send a product back to us, we’ll process the return and notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within three weeks of our receiving your return.
Kinloch Lodge cannot generate refunds for products purchased from third-party sellers. Only your seller can generate a refund.
Links
To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use which others make of these websites or resources, nor are we responsible or liable for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Assignation
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by Kinloch Lodge.
Kinloch Lodge reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related order for products to any third party.
Export/Import
Where products are ordered from Kinloch Lodge for delivery outwith the UK:
- you may be subject to import taxes or duties, levied once the products reach the country of destination. Any such taxes and duties must be borne by you and you undertake to indemnify Kinloch Lodge accordingly;
- you are or may be considered the importer of the products and it is your responsibility to make yourself aware of and to comply with the laws and regulations of the country of destination and you undertake to indemnify Kinloch Lodge accordingly; and
- if in doubt about your legal responsibilities or liabilities, you should contact your local Customs Office prior to submitting your order to Kinloch Lodge.
Law and Jurisdiction
These Terms and Conditions and the order of products and any related contract are to be governed and construed according to the law of Scotland and we and you submit to the exclusive jurisdiction of the Scottish courts.
If any provision within these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions shall not be affected.
No delay or failure by Kinloch Lodge to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Kinloch Lodge.