Definitions
Definitions & Interpretations.
In these Terms the following words shall (unless the context otherwise requires) have the following meanings:
Contract - these Terms and the Order;
Goods - the items advertised on this website which you buy from me;
Intellectual Property Rights - all patents, database rights, copyright, design rights, trade marks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same;
Liability - of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses or liabilities;
Order - the order for Goods placed by you and accepted, subject to these Terms;
Us, Our, We, I, Me, My - Iseabal Hendry
User - any person who browses the Website;
Website - My website at URL www.iseabalhendry.com or such other URL that I may use in connection with the Goods from time to time;
Working Day - Monday to Friday between the hours of 9am and 5pm.
1.2 Headings are for convenience only and shall not affect the interpretation of these Terms.
Terms
2.1 If you are submitting an Order, you agree to be bound by these Terms. If you are a User, your use of the Website constitutes your agreement to be bound by these Terms insofar as they are relevant to use of the Website only.
2.2 These Terms (as amended by myself from time to time in accordance with clause 2.3 below) shall apply to the exclusion of any other terms or conditions and you agree to abide by them.
2.3 I reserve the right to vary these Terms at any time. If so, the updated version will be posted on the Website and you will bound by the updated version if you continue to use the Website thereafter.
Use of the Website
3. Website Content
The content of this website is © Iseabal Hendry 2021. All rights are reserved. You are permitted to download a single hard copy of website content and print extracts from the Website for own personal and non-commercial use only. Unless otherwise stated, the Intellectual Property Rights for all material on this website (including without limitation photographs and graphical images) are owned by me. Except as expressly stated nothing contained herein shall be construed as creating any license/right under Intellectual Property Rights.
4. Links
This website may include links to other websites. These websites and the content, products and services available through them are not under my control and should not be considered to be endorsed or approved by me. I do not accept any liability in connection with any third party websites that may be accessed through this website.
Users may only link to this website on the basis that they link to, but do not replicate, the home page of this Website, and subject to the following conditions:
4.1 The size or appearance of Iseabal Hendry logo is not removed, distorted or otherwise altered;
4.2 A frame or any other browser or border environment is not created around this Website;
4.3 No implication is in any way made that the I endorse any products or services other than my own;
4.4 You do not misrepresent your relationship with me nor present any other false information about me;
4.5 You do not otherwise use any of the trademarks displayed on this website without my express written permission;
4.6 You do not link from a website that is not owned by you; and
4.7 The website 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.
5. Privacy Policy
I recognise and respect your need for privacy and security as you visit my website. While I do not collect identifying information about visitors to my website, I do use standard software to collect information for the strict purpose of tracking activity on the site. There are instances where you may elect to provide me with personal information. If you order through the online shop, fill out one of the feedback forms or send me an email, you are transmitting the information that appears to you in the form or the message. This will typically include information like your name, mailing address, email address, the kind of request you are making, and any other information necessary to fulfill your request. You never transmit personally identifying information that you do not enter yourself. This information is used internally for the purpose of fulfilling the request or for contacting you directly and is not given or sold to any other organisation.
6. Service Access
While I endeavour to ensure that this website is available 24 hours a day, I shall not be liable if for any reason this website is unavailable at any time or for any period.
I give no warranties as to the availability, performance or accessibility of the website. Access to the website may be suspended temporarily without notice at my discretion including without limit in the case of system failure, maintenance, repair or for reasons beyond my control.
7. Disclaimer
7.1 While I endeavour to ensure that the information on this website is correct, I do not warrant the accuracy and completeness of the material on this website. I may make changes to the material on this website at any time without notice. The material on this website may be out of date, and I make no commitment to update such material.
7.2 The material on this website is provided 'as is', without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, I provide you with this website on the basis that I 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 and conditions might have effect in relation to this website.
7.3 I 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 any way or in connection with this website; the use, inability to use or the results of use of this website; any websites linked to this website or the material on such websites; your downloading of any material from this website or any websites linked to this website; or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website.
Goods
General
8. Product Information
8.1 I have made all reasonable efforts to accurately display (where relevant) the colours, designs and sizes of the Goods for sale on My Website. You acknowledge and accept that designs, colours, shapes and patterns shown on the Website are approximate only. Colours in particular may differ due to your own computer’s visual settings and hardware.
8.2 If the Goods you have Ordered are not available in the colour, design or size you have requested I will notify you of the colours, designs or sizes currently available. Your Order will not be accepted and you may then resubmit your Order for the Goods in an available colour.
8.3 You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with these Terms.
9. Formation of the Contract
Please follow directions given on the Website to place an Order. Once you have placed an Order and I have received payment in accordance with clause 11 I will confirm receipt of your Order.
10. Price and Payment
10.1 The price payable for the Goods shall be as shown on the website. Prices advertised on the website include VAT but exclude postage, packing, insurance and any applicable export duties. Delivery charges are shown separately when ordering and must be paid in advance.
10.2 Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until I have received cleared funds in respect of the full amount stated in the Order.
10.3 Prices are subject to change without notice but changes will not affect Orders which I have already accepted.
11. Right for you to Cancel
Consumers
11.1 You may cancel your Order at any time up to the end of the seventh (7) Working Day from the date you receive the Goods PROVIDED THAT the Goods remain unopened and sealed in their original packaging in a condition suitable for re-sale.
11.2 To cancel your Order you must notify Me in writing (which includes letter or email). The sum debited to Me from your credit or debit card will be re-credited to the same card within 30 days of your cancellation notice.
11.3 The Goods in question must be returned to Me within 14 days of your cancellation notice and must be received by Me in the condition they were in when delivered to you, unopened and sealed in their original packaging in a condition suitable for re-sale. Unless the Goods are faulty, I shall be entitled to recover any direct costs of having to recover the Goods from you and may set such costs off against the amount to be re-credited to you.
Business Customers
11.4 If you are a business customer you cannot cancel or vary in whole or any part any Order accepted by Me, except where expressly agreed in writing by a person authorised to sign on My behalf.
11.5 My consent to cancel or vary the Order shall not in any way prejudice My right to recover from you full compensation for any loss or expense arising from such cancellation or variation on an indemnity basis.
12. Cancellation by Me
12.1 I reserve the right to cancel the Contract if:
12.1.1 I have insufficient stock to deliver the Goods you have ordered;
12.1.2 I do not deliver to your area or country;
12.1.3 One or more of the Goods you ordered was listed with incorrect product information, price, and/or description for whatever reason;
12.1.4 I have reason to believe that you will fail to pay for the Goods or that you will not comply with these Terms (or any of them).
13. Delivery of Goods to you
Unless I notify you otherwise, once your Order has been accepted, We will deliver the Goods ordered by you within 30 days to the billing address you give Us at the time you make your Order.
14. Intellectual Property Rights
All and any Intellectual Property Rights in connection with the Goods shall be owned by Me absolutely.
15. Liability and Limitation
15.1 If I do not deliver or if the Goods I deliver are not what you ordered or are damaged or defective on delivery or during the Warranty Period or the delivery is of an incorrect quantity, My only obligation will be, at my option to:
15.1.1 make good any shortage or non-delivery or incorrect delivery; or
15.1.2 replace or repair any Goods that are damaged or defective; or
15.1.3 refund to you the amount paid by you for the Goods in question.
The above obligations shall not apply when such damage or defect has arisen as a consequence of any negligence by you or your failure to comply with any reasonable instructions issued by us in respect of maintenance and/or safe handling.
15.2 I shall have no Liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
15.3 Without prejudice to the foregoing, My total aggregate Liability to you under and/or arising in relation to this Contract shall not exceed the amount paid by you for the Goods.
15.4 Nothing in this Contract shall exclude or limit My Liability for death or personal injury due to My negligence or any Liability which is due to my fraud or any other Liability which I am not permitted to exclude or limit as a matter of law.
15.5 Nothing in this Contract shall exclude or limit your statutory rights.
16. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to me must be in writing and sent to me by email at hello@iseabalhendry.com or by letter, in which case please contact my via this website for an address.
17. Events beyond My control
I shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond my reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
18. Miscellaneous
18.1 If any part of these Terms is unenforceable (including any provision in which I exclude My liability to you) the enforceability of any other part of these Terms will not be affected.
18.2 This Contract shall be governed by and interpreted in accordance with Scottish law and both parties irrevocably submit to the exclusive jurisdiction of the Scottish courts.
18.3 These Terms, together with the Order, set out the whole of My agreement relating to the supply of the Goods by Me to you.