1.1 These Terms and Conditions apply to all transactions between Macnaughton Holdings Limited (Company Number SC101334) of Tower House, Ruthvenfield Road, Inveralmond, Perth PH1 3UN or any of its subsidiaries (“Macnaughton”) and any party or parties purchasing Goods (“the Customer”) from the tartankilts.com website (“the Website”) or from Macnaughton directly. These Terms and Conditions take precedence over and exclude any terms and conditions the Customer may introduce.
1.2 The Website is owned and maintained by Macnaughton.
1.3 No waiver, alteration or modification of or addition to any of the provisions of these Terms and Conditions shall be binding on Macnaughton unless in writing and signed by a director of Macnaughton.
1.4 The statutory rights of the Customer are not affected by these Terms and Conditions.
1.5 In these Terms and Conditions “Order” shall mean the Customer’s order for Goods received by telephone, fax or letter to Macnaughton directly or made on the Website and “Goods” shall mean the product manufactured and/or supplied by Macnaughton to the Customer as specified on the Order. “Full Cost” shall mean the total sum due for the Goods under a contract, including delivery.
2.1 The description and specification of Goods on the Website are only approximate and Macnaughton reserve the right to make changes which do not materially affect the quality or performance of those Goods. Macnaughton will endeavour to alert customers to any changes. Full details of how to order goods are contained in the Ordering and Delivery section of the website.
3.1 No Order shall be binding upon Macnaughton unless specifically confirmed by e-mail or letter to the Customer at the address given and the sending of this e-mail or letter (whether or not it is received) makes the contract between the parties. Full details of how to order are contained in the Ordering and Delivery section of the Website.
4.1 All sums quoted by Macnaughton are exclusive of standard rate Value Added Tax (VAT). VAT will be payable on all sums due in terms of contracts under which Goods are delivered with the United Kingdom. VAT will be payable on contracts where Goods are delivered within the remainder of the European Union unless a Customer advises Macnaughton in writing of its VAT number when submitting a Order.
4.2 The Price to be paid by the Customer is the price displayed on the Website at the time Macnaughton receive the Order. Macnaughton will try to ensure that all Prices on the Website are accurate but errors may occur. If Macnaughton discover an error in the Price of the Goods ordered by the Customer, Macnaughton will make reasonable endeavours to inform the Customer as soon as possible and give the Customer the option to reconfirm the Order or cancel it. If Macnaughton are unable to contact the Customer the Order will be treated as cancelled. If the Customer cancels the Order but has already paid for the Goods a full refund will be made.
5.1 Payment can be made by any method specified in the Payment section of the Website. Macnaughton will take all reasonable precautions to keep the details of your order and payment secure, but, unless they are negligent, Macnaughton cannot be held responsible for any losses incurred by the Customer as a result of unauthorised access to the information provided by the Customer.
5.2 Goods sent outwith the European Union may be liable to duty on arrival at their destination country. The customer will always be responsible for paying any such duty.
6.1 Delivery charges are specified in the Ordering and Delivery section of the Website. Macnaughton will make all reasonable efforts to deliver the goods on time, however any delivery date is an estimate only and time of delivery is not essential to the contract between the parties.
7. Risk and Title
7.1 The risk in the Goods shall pass to the Customer on delivery or attempted delivery of the Goods.
7.2 Until the Customer has paid Macnaughton the Full Cost, ownership of Goods shall not pass to the Customer.
7.3 If the Customer is entitled to sell on the Goods in the course of their business, the proceeds of the sale will remain the property of Macnaughton until the Full Costs for the Goods have been paid. If Macnaughton terminate the Customer’s power of sale the Customer shall immediately make the goods available for collection by Macnaughton.
8. Returns and Refunds
8.1 The Customer is entitled to cancel the Order without reason within 7 days of delivery of the Goods, except where the items have been personalised, manufactured to the Customer’s specification, used or tampered with in any way.
8.2 The Customer must also notify Macnaughton in writing of any shortage, damage or defect in the Goods within 7 days of delivery or the Customer will have been deemed to accept the Goods.
8.3 The Customer may also return the Goods to Macnaughton where the prior written consent of Macnaughton is obtained. Full details are contained in the Returns and Refunds section of the Website.
9. Warranties and Liabilities
9.1 Macnaughton shall use reasonable endeavours to ensure that Goods are of satisfactory quality, comply with the descriptions given and are fit for the purpose for which the Goods are reasonably intended.
9.2 Macnaughton will not be liable to the Customer for any loss of profit, indirect or consequential loss or injury due to defects in the Goods and their maximum liability shall not exceed the price paid for the Goods by the Customer, except in the case of death or personal injury caused by Macnaughton’s negligence.
9.3 Macnaughton shall not be liable for any change in appearance, defect or damage caused to the Goods by any treatment applied after delivery.
9.4 It is the Customer’s sole responsibility to ensure that Goods ordered are suitable for the purpose intended. While Macnaughton takes all reasonable care when making recommendations on usage for the products on sale, it provides no warranties or assurances in relation thereto and all conditions and warranties, whether expressed or implied, statutory or otherwise, and whether as to quantity, condition, performance, merchantability or fitness of purpose are expressly excluded
10. Intellectual Property Rights
10.1 Macnaughton shall own all intellectual property rights in the Goods unless otherwise agreed in writing between the parties.
10.2 The Customer shall indemnify Macnaughton on demand against all claims, damages and expenses arising out of any breach or alleged breach of third party intellectual property rights resulting from Macnaughton’s compliance with the Customer’s instructions, including but not limited to the design of the Goods.
11. Contact Details
Any communication with Macnaughton should be directed to:
Macnaughton Holdings Limited
Inveralmond Industrial Estate
Perth PH1 3UN
Telephone Number: 01738 609090
Fax Number: 01738 604010
12.1 Nothing in these Conditions shall limit or restrict the ability of Macnaughton to subcontract and/or assign all or any of its obligations under the Contract.
12.2 No waiver by Macnaughton of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3 If any provision of these Terms and Conditions are held to be invalid or unenforceable, the other provisions and the remainder of the provision in question shall remain as valid.
12.4 Without prejudice to any other rights which Macnaughton may have, Macnaughton reserves the right to suspend further deliveries of Goods and/or by notice in writing to the Customer terminate the Contract if :-
(a) The Customer breaches any of these Terms and Conditions and fails to remedy the breach within 30 days of receipt of a written notice, giving full particulars of the breach and requiring it to be remedied;
(b) The Customer shall commit any act of bankruptcy, become insolvent or compound with its creditors, enter into liquidation, have a receiver or administrator appointed, enter into a trust deed for the benefit of its creditors, cease to trade or take or suffer an analogous action or proceedings under the law of any other jurisdiction.
12.5 If the Customer has any complaints they should contact Macnaughton on firstname.lastname@example.org or at the contact details above.
The contract shall be governed by and construed in accordance with the law of Scotland and the parties hereby agree to submit to the exclusive jurisdiction of the Scottish courts, notwithstanding Macnaughton’s right to take proceedings in any other court of competent jurisdiction.