Terms & Conditions
These terms and conditions are the contract between you and Galloway & MacLeod Limited (“us”, “we”, etc). By visiting or using our website, you agree to be bound by them.
They protect your rights as well as ours.
We are Galloway & MacLeod Limited a company registered in Scotland (Company Number SC011719). Our address is King Street, Stonehouse, ML9 3EH.
You are: Anyone who uses our website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave our website immediately.
In this agreement:
means any person or business contracted by us to carry Goods from us to you.
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means any content in any form published on Our Website by us or any third party with our consent.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
means any website of ours, and includes all web pages controlled by us.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated at £50 per hour.
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. OUR CONTRACT WITH YOU
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. ACCEPTANCE OF YOUR ORDER
4.1. Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase. When your item(s) has been produced/shipped we will send you an email.
4.2. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.2.1 accept the alternatives we offer;
4.2.2 cancel all or part of your order.
5. PRICE AND PAYMENT
5.1. The Price is as set out in the order.
5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
5.3. If Value Added Tax (“VAT”) is payable on your order the VAT will be shown separately on your invoice.
5.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.5. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.6. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
5.7. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6. SECURITY OF YOUR CREDIT CARD
We take care to make Our Website safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. CANCELLATION AND REFUNDS
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
7.1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
7.2. The following rules apply to cancellation of your order:
7.2.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
7.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
7.2.3 We will return your money subject to the following conditions:
18.104.22.168 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact. For example, animal feed is freshly made to order and deteriorates quickly. Orders for animal feed cannot be cancelled.
22.214.171.124 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
7.3. The option to cancel your order is not available:
7.3.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
7.3.2 if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
7.3.3 If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
7.4. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
7.5. In any of the above scenarios, we will return your money within 14 days.
8. LIABILITY FOR SUBSEQUENT DEFECTS
8.1 You shall provide safe and proper access and safe and proper unloading and storage facilities.
8.2 On delivery, you or your representative will examine all Goods delivered and will sign our delivery note. If Goods show any sign of damage, defect or shortage you or your representative will note this on the delivery note (or, in the case of cash sales where no delivery note is issued you will give us written notice at time of sale) and we shall receive from you within seven days of delivery written notice identifying each item claimed to be damaged, defective or short by product description or code and quantity, and specifying the nature of the alleged damage, de or shortage. Any person present at time of delivery and willing to sign the delivery note on your behalf shall be deemed to be representative.
8.3 If neither you nor any representative is present, we shall have the option in our discretion either to deliver, or to return subsequently. In the absence of manifest carelessness, we shall have no liability for loss of or damage to Goods delivered in the absence of you or any representative. One copy of our Delivery Note, signed by the person delivering, will be left with the Goods or in another suitable location at your premises, and we shall retain a duplicate thereof, which shall be conclusive evidence of delivery. If Goods show any sign of damage, defect or shortage, you or your representative will notify us verbally within 48 hours of delivery, and we shall receive from you within seven days of delivery written notice as provided in Condition 8.2.
8.4 In the event of non-arrival of the Goods or if you learn they have been lost or destroyed in transit written notice from you of this must be received by us within seven days of advice note or invoice.
8.5 Any alleged defect which could not be detected upon careful examination at or following delivery shall be notified to us verbally within hours of it being detected, and written notice identifying each item claimed to be defective by product description or code and quantity, specifying the nature of the alleged defect, must be received by us within seven days of detection of the alleged defect.
8.6 Notice in all cases must be given in writing to us at our Registered Office address.
8.7 We may deliver against any order an excess or deficiency of up to l per cent (or in the case of grain 5 per cent) of weight or volume with incurring any liability to you. You shall pay for the actual quantity delivered.
8.8 Goods shall be deemed to be in all respects conform to contract and free from damage or defect unless (a) in the case of alleged defect which could not be detected upon careful examination at or following delivery, notices in accordance with the foregoing Condition 8.5 have been timeously received by us or (b) in all other cases, notices have been timeously received by us in accordance with the relevant other provisions of this Condition 8.
8.9 In the application of these Conditions to cash sales, the place and time of delivery shall be where and when the cash sale takes place, any person conducting the sale for you shall be deemed to be your representative, and (in the case of a cash sale on our premises) you shall be responsible for safe and proper removal of the Goods from our premises.
9.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
9.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
9.3. We make no representation or warranty for:
9.3.1 the quality of the Goods;
9.3.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
9.3.3 the correspondence of the Goods with any description;
9.3.4 the adequacy or appropriateness of the Goods for your purpose.
9.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
9.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
9.6. We make no representation or warranty and accept no responsibility in law for:
9.6.1 accuracy of any Content or the impression or effect it gives;
9.6.2 delivery of Content, material or any message;
9.6.3 privacy of any transmission;
9.6.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
9.6.5 any aspect or characteristic of any goods or services advertised on Our Website;
9.7. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
9.8. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
9.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
9.10. Our total liability under this agreement, however it arises, shall not exceed the sum of £10,000. This applies whether your case is based on contract, tort or any other basis in law.
9.11. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, gents and affiliated companies, as well as to us.
9.12. If you become aware of any breach of any term of this agreement by any person, please tell us within fourteen days of when you become aware of it. We welcome your input but do not guarantee to agree with your judgement.
9.13 Nothing in this agreement excludes liability for a party's fraud.
10. YOUR ACCOUNT WITH US
10.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
10.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
10.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
RESTRICTIONS ON WHAT YOU MAY POST TO OUR WEBSITE
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
11.1. be malicious or defamatory;
11.2. consist in commercial audio, video or music files;
11.3. be illegal, obscene, offensive, threatening or violent;
11.4. be sexually explicit or pornographic;
11.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
11.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
11.7. solicit passwords or personal information from anyone;
11.8. be used to sell any goods or services or for any other commercial use;
11.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
11.10. link to any of the material specified above, in this paragraph.
11.11. send age-inappropriate communications or Content to anyone.
12. YOUR POSTING: RESTRICTED CONTENT
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
12.1. hyperlinks, other than those specifically authorised by us;
12.2. keywords or words repeated, which are irrelevant to the Content Posted.
12.3. the name, logo or trademark of any organisation other than yours.
12.4. inaccurate, false, or misleading information.
13. HOW WE HANDLE YOUR CONTENT
13.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
13.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
13.4. We need the freedom to be able to publicise our Goods and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
13.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
13.6. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 s80.
13.7. [You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical].
13.8. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
13.9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
13.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
13.11. Please notify us of any security breach or unauthorised use of your account.
13.12. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph 13.5.
14. REMOVAL OF OFFENSIVE CONTENT
14.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
14.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
14.3. If you are offended by any Content, the following procedure applies:
14.3.1 Your claim or complaint must be submitted to us.
14.3.2 we shall remove the offending Content as soon as we are reasonably able;
14.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
14.4. We may re-instate the Content about which you have complained or not.
14.5. In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
14.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
15. SECURITY OF OUR WEBSITE
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
15.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
15.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
15.3. download any part of Our Website, without our express written consent;
15.4. collect or use any product listings, descriptions, or prices;
15.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
15.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
15.7. share with a third party any login credentials to Our Website.
15.8. Despite the above terms, we now grant a licence to you to:
15.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
15.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
16.1. your failure to comply with the law of any country;
16.2. your breach of this agreement;
16.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
16.4. a contractual claim arising from your use of the Goods;
16.5. a breach of the intellectual property rights of any person.
17. INTELLECTUAL PROPERTY
17.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
17.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
17.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
17.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
18. DISPUTE RESOLUTION
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
18.1. If you are not happy with our services or have any complaint then you must tell us by email message to our email address or an updated address which you will find on Our Website.
18.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
18.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
19. MISCELLANEOUS MATTERS
19.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
19.2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
19.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
19.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
19.7. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
19.8. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
19.9. The validity, construction and performance of this agreement shall be governed by the laws of Scotland.
YOUR NOTICE OF CANCELLATION
Notice of right of cancellation: Right to Cancel and Model Cancellation Form
Information about your statutory right to cancel
Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.