Gillies

Terms of Sale

Published 27-11-2014

About our Terms and Conditions of Sale (“Sale Terms”)

These terms and conditions explain how you may buy products displayed for sale (the “Product(s)”) from the Website.  You should read these terms and conditions carefully before buying any Product(s).  By clicking to buy a Product, you agree to be bound by these Sale Terms, our Conditions of Use (applying to use of our Website) and any documents referred to in either the Sale Terms or Conditions of Use.

If you do not agree with or accept any of these Sale Terms, you will not be allowed to purchase any Product(s) unless we agree otherwise (in our sole discretion). 

Accuracy of Content

All images of Product(s) on our Website are for illustrative purposes only.  Although we have made every effort to display the Product(s) accurately, we cannot guarantee that your computer’s display of the products accurately reflects the Product(s).  Your Product(s) may vary slightly from those images shown on our Website.

All Product(s) shown on our Website are subject to availability.  We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.

Before Placing an Order

You are solely responsible for ensuring that the Product(s) are fit for your purpose and that the dimensions are suitable to enable delivery.

Minimum Age to Purchase Knives

There is several pieces of legislation (including the Criminal Justice Act 1988) in place that deal with the sale and purchase of knives and other products with blades.  Accordingly, you may only purchase knives from our Website if you are 18 years old or over.

Your Order

When you place an order with use by pressing the “Place Order” button on the purchasing page, you are making an offer to purchase the Product(s) from us.  No contract exists between us and you at this point.  A contract is only created when we accept your order and send you an email confirming your order and our acceptance of it. 

Our order process allows you to check and amend any errors before submitting your order to us.  Please take the time to read and check your order at each page of the order process.  You should notify us immediately if you notice any error in your order after pressing the “Place Order” button.

Prices and Payment

Price

The price of each Product will be as quoted on our Website from time to time.  We take all reasonably care to ensure that the price for each Product is correct at the time when the relevant information is entered onto the system. 

The price of a Product includes VAT (where applicable) at the current rate chargeable in the UK.  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 Product(s) in full before the change in VAT takes effect.  The price of each Product does not include delivery charges, which are set out in the “Delivery” section on the Website.

Error in Price

If we discover an error in any price, we will update the Website as soon as reasonably practicable.  If you have placed an order and we notice an error in the price of the Product(s) ordered, we will notify you of this error and give you the option of continuing to purchase the Product(s) at the correct price or cancelling your purchase of the relevant Product(s).  We will not process your order until we have your instructions.

If we are unable to contact you using the contact details provided when you placed the order, we will treat the order as cancelled and notify you in writing.

Payment

Payment can be made by any of the methods specified in the payment section of this Website and payment will be debited and cleared from your account when your order is confirmed.

You confirm that any credit and/or debit card details being used are your own.  All credit and/or debit cardholders are subject to validation checks and authorisation by the card issuer.  If the card issuer refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay to or non-delivery of your order or any failure to process your order.

Track Your Order

To check the status of your order, you can contact us by telephone on 01382 477 281 at any time between 9am and 5pm, Monday to Saturday.  Please have your order number and the date the order was placed to hand.

“Order Received” means your order has been received by us but has not yet been processed;

“Order Processing” means your order has been accepted and means your order can be at any stage between being processed, Product(s) being manufactured and Product(s) being prepared for dispatch;

“Order Awaiting Dispatch” means your order is ready for dispatch and you will be contacted to arrange a mutually convenient date for delivery;

“Order Cancelled” means your order has been cancelled either by you or by us.

Changes and Cancellations

You have a legal right to cancel your order (subject to the provisions below) at any time between receipt of the confirmation email and fourteen days after receipt of the Product(s).  This means that if during that period you change your mind or for any other reason decide you do not want a Product, you can notify us of your decision and receive a refund.

To notify us of any changes or cancellation, please contact us:

  1. by post at 180 Brook Street, Broughty Ferry, Dundee, DD5 2AJ; or
  2. by telephone on 01382 477 281 at any time between 9am and 5pm, Monday to Saturday. 

For all changes or cancellations, please have your order number and the date the order was placed to hand.

If you have already received the Product(s), you must (i) return them to us as soon as possible following our returns procedure and (ii) not use the Product(s) and must take care of them prior to returning and keep the original packaging (where possible).

Made-to-order Product(s)

The right to cancel does not apply to any Product(s) which are (i) custom made to your specification and/or clearly personalised, (ii) ordered via our Website by you as a business or individual acting for the purposes of your trade or business, or (iii) any order placed by you in person at any of our stores. 

Mattresses/Pillows/Linens

All mattresses, pillows and linens will be delivered to you in plastic wrapping to allow for inspection.  Any mattresses, pillows and/or linens which have been removed from their original sealed packing will be deemed to have been used and cannot be returned for any reason other than they are not as described or are not of satisfactory quality.

Cancellation by Us

We reserve the right to cancel/refuse to accept an order placed if (i) we do not have sufficient stock to fulfil an order, (ii) we do not deliver to your area, (iii) one or more Product(s) ordered was incorrectly described or priced on our Website, (iv) the payment transaction was not authorised, or (v) we have reasonable grounds to believe you have not provided us with your real name, payment details (including billing address), delivery address (if different from your billing address), email address and/or telephone number.

Delivery

Any dates given by us to you for delivery are intended to be an estimate and time shall not be of the essence unless previously agreed in writing by us.  Where there are events beyond our reasonable control (for example adverse weather conditions), you accept that delivery may be delayed or postponed.  In such circumstances, we will notify you as soon as we can and we shall not be liable for any losses or claims arising out of any such delay or postponement.

If you fail to accept delivery of the Product(s) when they are ready for delivery, or if we are unable to deliver the Product(s) because you have failed to provide appropriate instructions, documents or authorisations, then, without prejudice to any other rights or remedies available to us, we may:

  1. store the Product(s) until actual delivery and charge you for the reasonable costs of storage (including insurance); or
  2. sell the goods at the best price reasonably obtainable and charge you for the shortfall between the price obtained and the price in your order confirmation email.

Where the Product(s) have been specifically ordered at your request, and we have incurred expense in fulfilling our contractual obligations, the full price in your order confirmation email is payable.

We are not responsible for any damage to property or damage arising by reason of inadequate delivery instructions and/or difficulties in obtaining access.  We are only responsible for delivery of Product(s) to your entrance door, unless otherwise agreed with us prior to delivery.

We will store goods for a maximum of four (4) weeks, commencing on the date when we notify you that the Product(s) are available for delivery.  Thereafter, storage charges will be payable by you monthly in advance at a rate equivalent to £10 per week.

Refund/Return Policy

For small Product(s), please package the return securely (in the original packaging if possible) and return pre-paid to us at 180 Brook Street, Broughty Ferry, Dundee, DD5 2AJ.  We recommend for your own protection that any such returns are sent using recorded delivery service (or similar).

For large Product(s), we will arrange for a courier to collect on a specific date and time.  You will ensure that the Product(s) are made available to us (or the courier on our behalf) at the agreed date and time for collection.

You shall be responsible for the costs of returning any Product(s) to us, including any courier costs for large Product(s) (except where the Product(s) are faulty or not as described

Providing the Product(s) are returned in the condition they were delivered to you in, we will refund the price paid, along with the original delivery charge (and the costs of returning the Product(s) to us for the Product(s) returned due to a fault or being not as described only).  Such refund will be made to the credit and/or debit card used to make payment and processed as soon as reasonably practicable and, in any case, within five (5) days of receipt of the Product(s) back at our distribution centre.

If any Product(s) are returned to us and is not in fully re-saleable condition or the packaging is damage, we reserve the right to refuse a refund on the item, or deduct up to 50% of the original price from the refund amount.  This does not affect your statutory rights.

As a consumer, you have additional rights in relation to Product(s) that are faulty/not fit for purpose or are not as described.  These legal rights are not affected by the returns policy or these Sales Terms.  Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office.

Damaged, Incomplete or Defective Goods

Nothing under this heading affects your statutory rights.

Every effort will be made to ensure that the Product(s) you have ordered arrive undamaged, complete and without defect.  We will ask you to examine the Product(s) in the presence of our delivery crew and if you find the Product(s) to be defective in any way, this should be noted on the delivery documentation and our delivery crew will pass this to our customer services department who will contact you within 48 hours.

You can return damaged/defective goods with our delivery crew or alternatively you can contact us to arrange repair or a replacement Product.  Where you select a repair, one of our service technicians can visit you at a convenient date and time to carry out an inspection and (if possible) repair the Product or order necessary replacement parts to carry out the repair.  Where you select a replacement Product, you can use the original Product as delivered until we can deliver the replacement.

You can contact us regarding repair or replacement of Product(s) delivered by telephone on 01382 477 281 at any time between 9am and 5pm, Monday to Saturday.  Please have your order number and the date the order was placed to hand.

Where you discover your order is damaged, incomplete or defective after delivery, please contact us as soon as possible and within three (3) days of delivery of the Product(s).

Complaints

We aim to deal with any complaints as effectively and quickly as possible.  You can notify us of any complaints:

  1. by post at 180 Brook Street, Broughty Ferry, Dundee, DD5 2AJ; or
  2. by telephone on 01382 477 281 at any time between 9am and 5pm, Monday to Saturday. 

A likely timescale of resolution will be provided on request, but this timescale will be dependent on the specific nature of the complaint.  If we need to contact you, or give you any notice in writing, we will do so by email or pre-paid post to the email/address you provided us in your order.

Limitation of Liability

Except for (i) death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents), (ii) fraud or fraudulent misrepresentation, or (iii) breach of any provisions implied into these Conditions of Use under law (including Consumer Rights Act 2015), we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of these Conditions of Use.  Losses are foreseeable where they could be contemplated by you and us at the time these Conditions of Use are entered into.  We are not responsible for any indirect losses that happen as a side effect of the main loss or damage.

Disputes

These Conditions of Use shall be governed by and construed in accordance with the laws of Scotland. Any dispute arising under these Conditions of Use shall be subject to the exclusive jurisdiction of the courts of Scotland.