Refund policy

TERMS OF SALE

1 About us

1.1 Company details:

MACSCOTT BOND LIMITED (company number SC054745) (we and us) is a company registered in Scotland and our registered office is at PO BOX 1, Hunter Avenue, Loanhead, Midlothian, EH20 9SP. Our VAT number is GB 271 2904 69. We operate the website www.macscottbond.co.uk.

1.2 Contacting us.

To contact us telephone our customer service team at 0131 448 2950 or email enquiries@macscott.com. How to give us formal notice of any matter under the Contract is set out in clause 15.2.

2 Our contract with you

2.1 Our contract.

These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2 Entire agreement.

The Contract together with the website Terms of Service are the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3 Language.

These Terms and the Contract are made only in the English language.

2.4 Your copy.

You should print a copy of these Terms or save them to your computer for future reference.

3 Placing an order and its acceptance

3.1 Placing your order.

Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

3.2 Correcting input errors.

Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

3.3 Acknowledging receipt of your order.

After you place an order, you will receive an automated message from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4. It there is an error in the order we may be prepared to allow you to cancel the order, but you must contact us before we issue the Order Acceptance. If we permit you to cancel the order you must pay any card payment fee and other transaction costs incurred prior to cancellation.

3.4 Accepting your order.

Our acceptance of your order takes place when we send an email to you to accept it, at which point the Contract between you and us will come into existence. (Order Acceptance). The Contract between you and us will only be formed when we send you the Order Acceptance.]

3.5 If we cannot accept your order.

If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

4 Our goods

4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to represent the Good fairly, we cannot guarantee that your computer's display of the Goods accurately reflects the Goods. The Goods may vary slightly from those images.

4.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site in relation to any Goods are subject to any tolerances normally applied by the manufacturers of the relevant Goods.

4.3 The packaging of your Goods may vary from that shown on images on our site.

4.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

4.5 We only supply the Goods for use by your business, and you warrant and represent to us that the Goods are being purchased by you in the course of your business.

5 Delivery and transfer of risk

5.1 We will contact you with an estimated delivery date and the arrangements for delivery will be confirmed in the Order Acceptance.

5.2 Whilst we will use our reasonable endeavours to meet any delivery date estimate provided by the website time for delivery shall not be of the essence of this contract and we will not be liable under any circumstances for failure to meet a specified delivery date or to deliver within a reasonable time.

5.3 Delivery of the Goods shall be deemed to take place: (a) when the Goods are collected by you or your agents or by an independent carrier or by your carrier from our works or warehouse; or (b) if the Goods are transported by us or our agent, when the Goods are physically delivered to your place of business or such other place as you may reasonably nominate.

5.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

5.5 If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.

5.6 Risk in the Goods shall pass to you on delivery.

6 Property and title

6.1 Property in the Goods shall remain with us (and we reserve the right to dispose of the Goods) until payment in full for all of the Goods has been received by us. Accordingly without prejudice to your obligations to purchase the Goods, we shall be entitled on default in payment to repossess the Goods and for such purposes to enter any premises owned or occupied by you or on your behalf and you shall do all in your power to enable us to do so.

6.2 You shall not part with possession or title of any Goods for which it has not paid unless such parting with possession is upon a sale in the normal course of your business to a customer of yours at full market value, whether or not the Goods have been converted into other products or mixed with other items to make a new product. In the event of any such sale then you shall account to us out of such proceeds of sale for all sums due to us in respect of the Goods and must not mingle the proceeds of sale of the Goods with other monies or pay them into an overdrawn account and shall at all time keep the said proceeds of sale of the Goods identifiable as our money and at all times the relationship between you and us in respect of monies arising from the sale of any of the Goods which have not been paid for shall be a fiduciary relationship and we shall be entitled to trace the proceeds of any such sale into whosoever hands they may come.

6.3 Until they have been paid for in full or sold pursuant to the preceding sub-conditions, you shall take proper care of the Goods and take all reasonable steps to prevent any damage thereto or deterioration thereof and shall allow us to inspect them whenever we so require and you shall keep the Goods free from any charge, lien or other encumbrance and store the Goods in such a way as to show clearly that they belong to us and shall provide to us such information as to the Goods or their whereabouts as we may from time to time require.

7 No international delivery

7.1 Unfortunately, we do not deliver to addresses outside the UK in relation to orders placed through the website.

7.2 You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.

7.3 If you wish to place an order for delivery outside the UK please contact our customer service team by telephone or email to discuss an order.

8 Price of goods and handling and delivery charges

8.1 The prices of the Goods will be ex our premises at Hunter Avenue, Loanhead, Midlothian UK. Where indicated a handling charge will be levied and is payable by you. Carriage and packing are chargeable as additional costs and are as advised to you during the check-out process. . Sub-sections (2) and (3) of Section 32 of the Sale of Goods Act 1979 (delivery to carrier) shall not apply. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.4 for what happens if we discover an error in the price of Goods you ordered.

8.2 Prices for our Goods may change from time to time, but changes will not affect any order which is the subject of an Order Acceptance.

8.3 The price of Goods excludes 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 Goods in full before the change in VAT takes effect. The VAT applicable will be advised to you during the check-out process.

8.4 We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods 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. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

9 How to pay

9.1 You can only pay for Goods using a debit card or credit card. We accept the following forms of payment: Visa; Mastercard; American Express; China UnionPay; JCB; Diners; CartesBancaires; Discover; Electron; Maestro and Apple Pay and such other forms of payment as is intimated on the website from time to time.

9.2 Payment for the Goods and all applicable delivery charges is in advance. We will charge your debit card or credit card when the order is placed.

10 Acceptance

The Goods shall be deemed to be accepted by you unless they are rejected within seven days of delivery. This acceptance of the Goods shall be treated as conclusive evidence that they are in all respects fit for the intended and contemplated use by you and in every other way satisfactory to it.

11 Manufacturer's guarantee

Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.

12 Our warranty for the goods

12.1 The Goods are placed on the market for use in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.

12.2 If and to the extent permitted by law:-

12.2.1 no warranty, condition or other term, express or implied, statutory or otherwise, shall apply unless and except to the extent expressly contained in these conditions;

12.2.2 we shall have no liability for any consequential loss or damage including (but without limitation) business interruption or loss of profits and you acknowledge that it should maintain a suitable insurance policy in respect of those risks;

12.2.3 any liability to which we might otherwise become subject shall be limited to the price paid by you for such of the Goods as give rise to the claim; and

12.2.4 you shall be solely responsible for deciding whether the Goods are suitable for the particular purpose for which they are required.

12.3 Nothing in these Terms limits or excludes our liability for:-

12.3.1 death or personal injury caused by our negligence;

12.3.2 fraud or fraudulent misrepresentation; or

12.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

12.4 We undertake to remedy, subject to clause 12.5 any defect resulting from faulty design, materials or workmanship where such materials have been supplied by us or the design or workmanship is our responsibility

12.5 We shall at our option replace or repair any defective part of the Goods if details of the defect are given to us in writing within twelve months from the date of delivery.

12.6 You shall be responsible for arranging transport for the return of any defective Goods to us.

12.7 Risk in the Goods shall only pass back to us on delivery to us.

12.8 The foregoing warranty shall not apply to: (a) damage or defects resulting from improper or inadequate care or maintenance of the Goods. or (b) damage or defects resulting from attempts other than us to install, repair or service the Goods. or (c) damage or defects resulting from improper use of Goods or from use of the Goods with incompatible equipment or supplies.

13 Termination

13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

13.1.1 you commit a material breach of any term of the Contract or our website Terms of Use and (if such a breach is remediable) fail to remedy that breach within two days of you being notified in writing to do so;

13.1.2 you fail to pay any amount due under the Contract on the due date for payment;

13.1.3 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

13.1.4 your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

14 Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

14.2.1 we will contact you as soon as reasonably possible to notify you; and

14.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

15 Communications between us

15.1 When we refer to "in writing" in these Terms, this includes email and messages generated and/or transmitted by the website.

15.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.

15.3 A notice or other communication is deemed to have been received:

15.3.1 if delivered by hand, at the time the notice is left at the proper address;

15.3.2 if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

15.3.3 if sent by email, at 9.00 am the next working day after transmission.

15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16 General

16.1 Assignation and transfer.

16.1.1 We may assign or transfer our rights and obligations under the Contract to another entity.

16.1.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

16.6 Governing law and jurisdiction. This Contract is governed by Scots law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Scottish courts.