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Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which Little Thistle Ltd supply any of the products listed on our website to you. Please read these terms and conditions carefully before ordering. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
1. INFORMATION ABOUT US
1. This site is operated by Little Thistle Ltd. We are registered in Scotland under company number SC485785 and our registered office is Little Thistle, 30 Unicorn Way, Glenrothes, Fife, Scotland, KY7 5NU. Our VAT number is 219292793.
2. YOUR STATUS
By placing an order through our site, you warrant that:
1. You are legally capable of entering into binding contracts; and
2. You are of appropriate legal age in your country to undertake transactions.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched.
2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. AVAILABILITY AND DELIVERY
1. We aim to have all orders dispatched in line with the manufacturing time specified on our website i.e. some of our products are hand made to order and not held in stock. If an order is for one of our products held in stock then they will be dispatched within 1 working day, stock permitting. A mixed order will always ship depending on the longest lead time product. If an item is temporarily out of stock, we will notify you of the delay and dispatch it as soon as it arrives.
UK delivery may be made in one or more installments using a variety of carriers within 14 days of order being placed. We usually dispatch within 1 working day. This excludes Saturdays, Sundays or UK public holidays. We cannot dispatch by carrier or by Royal Mail Special Delivery on a Friday for guaranteed Next Day delivery. Delivery dates are approximate and no liability whatsoever is accepted in respect of late deliveries.
Without prejudice to your statutory rights we accept no liability for any failure to ship products where this results from acts of God, civil commotion, riots, flood, draught, fire, legislation or other factors outside our control, or our decision on reasonable grounds not to do so for reasons of suspicion of credit card fraud or similar, provided that we take all reasonable steps to notify you within fourteen (14) days of order placement that products will not be shipped as ordered. In such cases we will not process any payment or will refund any payment made, in full.
It is your responsibility to ensure that you order from us with sufficient lead-time to prevent any loss or disappointment resulting from non-shipment.
You are able to correct errors on your order only up to the point at which you complete the final page of our ordering process.
We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable us to evaluate and/or process the order.
Most orders are processed within 1 working day, excluding some handmade and personalised items. If for any reason your order cannot be fulfilled you will be notified in a timely manner, usually within 48 hours. See section 4. Availability and Delivery for further information.
6. PRICE AND PAYMENT
1. The prices listed on this Site are our prices prevailing at the time you submit your order. However, you accept that mistakes can be made when uploading prices onto the Site, or that; prices may vary between when we display a price and when goods are purchased. Accordingly, we may validate your order before we accept it. Where the correct price is higher than the price displayed on your order we may contact you by e-mail or telephone to let you know the correct price and provide you with the opportunity to cancel your order.
2. Any offers or discount code we make are designed to be used independently and are not available in conjunction with any other offer.
3. These prices include VAT but exclude delivery costs, which will be added to the total amount depending on shipping address, weight of the total order and delivery service chosen.
4. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and un-mistakeable and could have reasonably been recognised by you as a mis-pricing.
7. Payment for all Products must be by credit or debit card (we accept payment with most major credit debit and maestro cards) or Paypal. Our web-based payment providers (Shopify Payments & Paypal) offer the highest level of security features certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.
1. If you are contracting as a consumer in the UK, you may cancel a Contract at any time within fourteen working days, beginning on the day you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in Clause 8 below).
2. To cancel a Contract, you must inform us in writing within a reasonable timeframe, relevant to the stage of your order. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary. The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.
3. For distance or off-premises sales;
Your Right to Cancel
- You will be fully responsible for any cost incurred returning anything to us unless we agree to cover the cost due to a manufacturing fault prior to you sending the goods. See Clause 8 for further information.
- We will also provide our email address, firstname.lastname@example.org, to make cancelling easy (although you are not under any obligation to use it). Alternatively, you can write to us at Little Thistle, 30 Unicorn Way, Glenrothes, Fife, Scotland, KY7 5NU. Remember to include enough details for us to be able to identify you and your order correctly.
- Your right to cancel an order for goods made at a distance starts from the moment you place your order and ends 14 days from the day you receive your goods
- Your right to cancel a service made at a distance starts the moment you enter into the contract and lasts 14 days.
- You will not have any right to cancel a Contract for the supply of any Product which is personalised.
- If you want to download digital content within the 14 day cancellation period you must agree to waive your cancellation rights.
- If your order consists of multiple goods, the 14 day period runs from when you get the last of the batch.
- This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.
Your right to a refund
- You should get a refund within 14 days of us getting the goods back. You must obtain proof of posting (free from your Post Office) when returning goods, as we cannot provide a refund or exchange if we do not receive the original goods back. Unfortunately, we do not offer a free returns service (unless the Products are defective due to a manufacturing fault).
- A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary. The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.
Refunding the cost of delivery
- We will refund the basic delivery cost of getting the goods to you in the first place, so if you opted for enhanced service eg guaranteed next day, we only have to refund the basic cost which in most cases will be the equivalent of 2nd class posting with Royal Mail.
- There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel.
8. OUR REFUNDS POLICY
When you return a Product to us:
1. Because you have cancelled the Contract between us within the fourteen-day cooling-off period (see Consumer Rights), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the minimum potential cost of sending the item to you.
2. For any other reason (for instance, because you have notified us in accordance with the Consumer Rights Act 2015 and any subsequent updates that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
3. If you receive a damaged or faulty item, please contact us at email@example.com so that we can arrange for your item to be returned and replaced. Returns must be unused and returned along with the original packaging (this does not apply to damaged or faulty items). To cancel your online order please return your complete order packaged carefully in the original packaging to 30 Unicorn Way, Glenrothes, Fife, Scotland, KY7 5NU.
Refunds will be processed on receipt of returned goods. You will be fully responsible for any cost incurred returning anything to us unless we agree to cover the cost due to a manufacturing fault prior to you sending the product.
4. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges incurred by you for sending the item to you and returning it to us. We will process returned Products as quickly as possible and send you a refund or replacement. We will refund any money received from you using the same method originally used by you to pay for your purchase.
5. Please obtain proof of posting (free from your Post Office) when returning goods, as we cannot provide a refund or exchange if we do not receive the original goods back. Unfortunately, we do not offer a free returns service (unless the Products are defective in accordance with clause 8.3).
1. Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
1. This does not include or limit in any way our liability:
2. For death or personal injury caused by our negligence;
3. Under Consumer Rights Act 2015 (a) section 31 (exclusion of liability: goods contracts), (b)section 47 (exclusion of liability: digital content contracts), (c)section 57 (exclusion of liability: services contracts), or (d)section 65 (exclusion of negligence liability). As well as The Distance Selling Regulations under The Consumer Contracts Regulations; or
4. For fraud or fraudulent misrepresentation; or
5. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
2. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
1. loss of income or revenue
2. loss of business
3. loss of profits or contracts
4. loss of anticipated savings
5. loss of data, or
6. waste of management or office time however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable; provided that Clause 8.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Clause 9.1 or any other claims for direct financial loss that are not excluded by any of categories inclusive of this Clause 9.2.
Little Thistle has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. The weights, dimensions, style and capacities given are approximate only and are intended only to provide a general description of the goods. To the extent permitted by applicable law, Little Thistle disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Little Thistle shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
10. IMPORT DUTY
1. If you order Products from Our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be fully responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 11 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. ENTIRE AGREEMENT
1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
4. Provision of information to third parties for order fulfilment; When you purchase products or other services through our website, we provide information about you to the courier company, bank/credit card company or other involved third party to ensure the successful fulfilment of your order. Each receives only information they require in order to effectively provide their services to you.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
17. LAW, JURISDICTION AND DATA
Contracts for the purchase of Products through Our Site will be governed by Scots law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
All rights in the site design, text, graphics and other content, interfaces, and the selection and arrangements thereof belong to Little Thistle Ltd. All rights are reserved save as set out below. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Little Thistle or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication is strictly prohibited.
Without prejudice to statutory rights afforded to purchasers of products, the information and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an “as is” basis with no warranty, and in particular, Little Thistle Ltd does not represent or warrant that the information accessible via this site is accurate, complete or current, or that use of the site is free of risk of viruses or other damage. Price and availability information is subject to change without notice.
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “external sites”) Little Thistle Ltd is not responsible for the availability of, or the content located on or through, any external site, nor for any transactions between you and such sites (including as to ‘cookies’, personal data, confidential information, or purchases of goods or services). You should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links, content or transactions. These Terms and Conditions do not affect your statutory rights. Cookies may be used on the site to help provide you with appropriate information during your visit. These cookies may be placed on your computer’s hard drive. If you wish to switch off cookies your access to the site will not be affected. No cookie created by our website stores personal details about you.
Membership of our mailing list;
- We maintain a general mail update to keep our customers and others who have expressed an interest informed about news, special offers, new products and other important information.
- We hope you will find these updates interesting and informative. If you would rather not receive them please unsubscribe from any e-mailing list at any time by clicking the Unsubscribe link within the email or by writing to us at Little Thistle, 30 Unicorn Way, Glenrothes, Fife, Scotland, KY7 5NU. To help ensure we correctly remove your details from the database please remember to include in your letter or e-mail the contact details we are using to send the mailing to you.
- We reserve the right to limit certain special offers to those who subscribe to their e-mail services.
- We ensure that our customer information, mailing address information and all data submitted to us is stored on secure databases and protected (both on the webservers used and at our offices) by hardware, software and passwords, from access by anyone but authorised staff.
- We and our Internet Design Service frequently analyse our website logs to constantly improve the value of the materials available on our website. Our website logs are not personally identifiable, and we make no attempt to link them with the individuals that use the site.