Terms & Conditions
1 INTRODUCTION
1.1 By opening an account with and/or ordering from Scotia Garden and
Landscaping Services, a trading name of Scotia Communications Ltd, registered
in Scotland No.SC243569 [hereafter both referred to as Scotia] you agree
to be legally bound by these Terms and Conditions.
1.2 The website and our catalogues are designed to assist you in your
ordering of Scotia products ("the Products"); including but
not limited to Plants, Materials, Labour, Services and Consultation.
Our website, quotations and either our or our manufacturer’s catalogues
describe the Products in more detail, but Scotia and manufacturers reserve
the right to make changes to the specification of the Products at any
time.
1.3 We make no warranty, express or implied that making the Products
available in any particular jurisdiction outside the UK is permitted
under any law or regulation. You accept that if you are resident outside
the UK, you must satisfy yourself that you are lawfully able to purchase
the Products. To the extent permitted by applicable law, we accept no
liability, for any costs, losses or damages resulting from or related
to the purchase or attempted purchase of the Products by persons in
jurisdictions outside the UK or who are nominees of or trustees for
citizens, residents or nationals of other countries
2 BUYING PRODUCTS
2.1 Subject to clause 7.8 hereof all orders for Products will be deemed
to be an offer by you to purchase a Product under these Terms and Conditions
which govern the Contract between us ("the Contract") to the
exclusion of all other terms and conditions and all Products are offered
subject to availability. Acknowledgement of receipt of order shall not
constitute acceptance of an order unless acceptance is expressly stated
in the acknowledgement.
2.2 No variation of these Terms and Conditions shall be binding unless
agreed in writing between our authorised representatives and you. Our
employees or agents are not authorised to make any representations concerning
the Products unless confirmed by us in writing.
2.3 Manufacturers recommended retail prices may be displayed in our
catalogues and on our website. Our pricing structure is as agreed with
and notified to you by our quotation, whether verbal or in writing.
The price of any Product is the price in force at the date and time
of your order. We may change the price of any Product before you place
an order. We will inform you if a Product's price is higher than that
stated in your order and you may cancel the order and decide whether
or not to order the Product at the current price. All prices are subject
to the addition of Value Added Tax at the rate prevailing on the date
of the invoice. The amount of any invoice becomes due at the time of
presentation, for non-credit trading accounts. If we have agreed, in
writing, to a 30 day trading credit account the invoice becomes payable
nett not later than the 30th day following the date of invoice.
2.4 We are entitled to refuse any order placed by you. If the Product
you ordered is unavailable, we may provide to you a substitute of an
equivalent quality and price without notice. ("Substitute Product").
2.5 You undertake that all details you provide to us for the purpose
of purchasing Products will be correct. We reserve the right to obtain
validation of your credit, debit or purchasing card details before providing
you with any Products. Time of payment shall be of the essence of the
Contract.
2.6 You are responsible for complying with any legislation or regulations
governing the import and export of the Products into the country of
destination and/or the payment of any applicable duties.
2.7 No order which has been accepted by Scotia may be changed or cancelled
by you except with Scotia’s written agreement and on terms that
you will indemnify Scotia in full against all loss (including loss of
profit), costs (including the cost of all labour and material used),
damages, charges and expenses incurred by Scotia as a result of the
cancellation.
3 RETURNS
3.1 Goods (stock items) supplied by Scotia cannot be accepted for return
without prior agreement and an authorised returns number attached with
the goods.
3.2 Returned goods (stock items) may be subject to a handling charge
at your expense.
3.3 Any goods (stock items) returned must be in original unmarked condition
and packaging. Packaging that has been defaced, written on, damaged
or marked in any way cannot be accepted for return.
3.4 Goods (non stock items) ordered specially on your behalf are strictly
non-returnable and non-refundable.
3.5 If the Product delivered is not a Substitute Product and is not
what you ordered we will, subject to availability, deliver to you a
replacement Product or refund to you the price paid.
3.6 Any claim by you which is based on any defect in the quality or
condition of the Products or their failure to correspond with specification
should be notified to us within 24 hours of delivery or (where the defect
or failure was not apparent on reasonable inspection) within a reasonable
time after discovery of the defect or failure. If delivery is not refused,
and you do not notify us accordingly, you will not be entitled to reject
the Products and we shall have no liability for such defect or failure,
and you will be bound to pay the price as if the Products had been delivered
in accordance with the Contract.
3.7 Where any valid claim in respect of any of the Products which is
based on any defect in the quality or condition of the Products or their
failure to meet specification is notified to us in accordance with these
conditions, we shall be entitled to replace the Products (or the part
in question) free of charge or, at our sole discretion, refund to you
the price of the Products (or a proportionate part of the price), but
we shall have no further liability to you.
3.8 In the event of a cancellation all products must be returned to
Scotia in “as new” condition which failing you will be responsible
for immediate replacement cost of any damaged or missing product or
item at full retail value.
3.9 If you have any complaints, you should direct them to us by email
at Complaints@scotia-group.co.uk or by post at Scotia Garden and Landscaping
Services, Scotia House, Carmyllie, Arbroath, DD11 3SB.
4 DELIVERY
4.1 Delivery of the Products shall be made by us delivering the Products
to your address for delivery in the United Kingdom. Risk of damage,
breakage or loss of the Products shall pass to you on delivery.
4.2 Any dates quoted for delivery of the Products are approximate only
and we shall not be liable for any delay in delivery of the Products
howsoever caused.
4.3 Delivery charges will be notified to you when your order is accepted.
4.4 Where the Products are to be delivered in instalments, each delivery
shall constitute a separate Contract and failure by us to deliver any
one or more of the instalments in accordance with these Terms and Conditions
or any claim by you in respect of any one or more instalments shall
not entitle you to treat the Contract as a whole as repudiated.
4.5 If we fail to deliver the Products for any reason other than any
cause beyond our reasonable control or your fault, and we are accordingly
liable to you, our liability shall be limited to the excess (if any)
of the cost to you (in the cheapest available market) of similar products
to replace those not delivered, over the price of the Products.
4.6 If you fail to take delivery of the Products or fail to give us
adequate delivery instructions at the time stated for delivery (otherwise
than by reason of any cause beyond your reasonable control or by reason
of our fault) then, without prejudice to any other right or remedy available
to us, we may:
4.6.1 store the Products until actual delivery and charge you for the
reasonable costs (including insurance) of storage; or
4.6.2 sell the Products at the best price readily obtainable and (after
deducting all reasonable storage and selling expenses) account to you
for the excess over the price under the Contract or charge you for any
shortfall below the price under the Contract.
4.7
Any notification of shortages or damaged Products must reach us within
one day from delivery.
5 INFORMATION YOU PROVIDE
5.1 The following applies for any information you provide to us, for
example during any account opening or ordering process:
5.1.1 You authorise us to use, store or otherwise process any personal
information which relates to and identifies you, including but not limited
to your name and address, to the extent reasonably necessary to provide
the services which are available through our website by us or our sub-contractors.
If you obtain or choose to buy Products through our website then we
may collect information about your buying behaviour and if you send
us personal correspondence such as e-mails or letters then we may collate
this information in a file specific to you. All such information collected
by us shall be referred to in these terms and conditions as "Personal
Information".
5.1.2 You must ensure that the Personal Information you provide is accurate
and complete and that all ordering or registration details (where applicable)
contain your correct name, address and other requested details.
5.2
By accepting these Terms and Conditions, you agree to the processing
and disclosure of the Personal Information. You also agree that the
purpose for collating and retaining such information may be amended
to include other uses or disclosures of Personal Information following
notification to you by means of a notice on our website, which you should
check regularly. If you would like to review or modify any part of your
Personal Information then you should e-mail us at Data@scotia-group.co.uk
6 WARRANTY AND LIABILITY
6.1 All descriptions, illustrations, sizes, weights and capacities within
the catalogues and website are given as a guide only and Products will
not necessarily conform in absolute detail.
6.2 Goods, Products and Services are sold subject to title not passing
until full payment has been received by us.
6.3 Under no circumstances will we be responsible for any damages or
financial or direct or indirect consequential losses incurred by you
in relation to any service provided by us or our nominees, howsoever
caused.
6.4 In circumstances where you suffer loss or damage arising out of
or in connection with the viewing, use or performance of our website
or its contents, we accept no liability for this loss or damage whether
due to inaccuracy, error, omission or any other cause and whether on
our part or on the part of our servants, agents or any other person.
6.5 If we are liable to you for any reason, our liability will be limited
to the amount paid by you for the Product concerned. This limit does
not apply to any liability we may have for death or personal injury
resulting from our negligence.
6.6 If you are ordering on-line, you are responsible for ensuring that
your computer system meets all relevant technical specifications necessary
to use our website and is compatible with our website. We do not guarantee
or warrant that any material available for downloading from our website
will be free from infection, viruses and or other code that has contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and virus checks (including anti-virus and other security
checks) to satisfy your particular requirements for the accuracy of
data input and output.
6.7 Subject as expressly provided in these Terms and Conditions, and
except where Products are sold to a person dealing as a consumer (within
the meaning of the Unfair Contract Terms Act 1977), all warranties,
representations, endorsements, conditions or other terms implied by
statute or common law are excluded to the fullest extent permitted by
law.
6.8 We shall not be liable to you or be deemed to be in breach of the
Contract by reason of any delay in performing, or any failure to perform,
any of our obligations in relation to the Products, if the delay or
failure was due to any cause beyond our reasonable control including
(but without limitation) strikes, lockouts or other industrial actions
or trade disputes.
6.9 We shall not be liable for and you shall indemnify and hold us harmless
against any claim by or loss or damage to any third party or third party's
property directly or indirectly occasioned by or arising from the use
or possession of the Products.
6.10 Your right to set off any sums due by you on whatever basis against
sums due by us is specifically excluded.
6.11 The limitations and exclusions in this Clause 6 only apply to the
extent permitted by applicable law.
7 GENERAL
7.1 We may assign, novate or sub-contract any or all of our rights and
obligations under these Terms and Conditions at any time.
7.2 We may alter these Terms and Conditions from time to time and make
the new version available on our website and or by other means.
7.3 These Terms and Conditions in isolation or together with any order
form and payment etc., method instructions, if any, are the whole agreement
between you and us. You acknowledge that you have not entered into this
Contract in reliance upon any warranty or representation made by us
or any other person and you waive any rights to damages/ rescission
you may have for misrepresentation (other than a fraudulent misrepresentation)
that is not contained in the Terms and Conditions, order form and payment
method instructions etc.
7.4 If any provision or term of these Terms and Conditions shall become
or be declared illegal, invalid or unenforceable for any reason whatsoever,
such term or provision shall be divisible from the other Terms and Conditions
and shall be deemed to be deleted from them.
7.5 These Terms and Conditions, your use of our website and any Contract
formed by us are governed by Scots law and you submit to the non-exclusive
jurisdiction of the Scottish court.
7.6 Neither of us will be held liable for any failure to perform any
obligation to the other due to causes beyond your or our respective
reasonable control.
7.7 Failure by either party to exercise any right or remedy under this
Contract does not constitute a waiver of that right or remedy.
7.8 In the event of your entering into a Contract with Scotia and Scotia
in turn organising that the Contract for your products should be contracted
directly with one of Scotia’s supplier or sub-contractor etcetera
then by your execution hereof you are understood to agree that in such
circumstances you will be bound both by the terms and conditions of
this Agreement and also the separate terms and conditions of one of
Scotia’s supplier or sub-contractor.
8 INTELLECTUAL PROPERTY
8.1
The names, images and logos identifying Scotia or third parties and
their products and services are subject to copyright, design rights
and trade marks of Scotia and/or third parties. Nothing contained in
these terms shall be construed as conferring by implication, estoppel
or otherwise any licence or right to use any trademark, patent, design
right or copyright of Scotia or any other third party.
9 USE OF scotia-group.co.uk
9.1. You may not copy, reproduce, republish, download, post, broadcast,
transmit, make available to the public, or otherwise use scotia-group.co.uk
content in any way except for your own personal, non-commercial use.
You also agree not to adapt, alter or create a derivative work from
any scotia-group.co.uk content except for your own personal, non-commercial
use. Any other use of scotia-group.co.uk content requires the prior
written permission of Scotia.
9.2.
You agree to use scotia-group.co.uk only for lawful purposes, and in
a way that does not infringe the rights of, restrict or inhibit anyone
else's use and enjoyment of scotia-group.co.uk. Prohibited behaviour
includes harassing or causing distress or inconvenience to any person,
transmitting obscene or offensive content or disrupting the normal flow
of dialogue within scotia-group.co.uk.
10 NOTICES
10.1 All notices shall be given:
10.1.1
to us by e-mail at Gardening@scotia-group.co.uk or by post at Scotia
Garden and Landscaping Services, Scotia House, Carmyllie, Arbroath,
DD11 3SB
10.1.2 to you at either the email or postal address you provide during
any ordering process.
Notices
will be deemed received when an e-mail is received in full (or else
on the next business day if it is received on a weekend or a public
holiday at the place of receipt) or 3 days after the date of posting.
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