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1.1. In these Term and Conditions, the following definitions shall apply: Business Day: means a day (other than a Saturday, Sunday or public holiday) when banks in Scotland are open for business; Contract: means the contract between PMCAR Aberdeen and the Customer for the sale and purchase of the Goods and/or Services in accordance with these Terms and Conditions; Customer: means the person who purchases the Goods and/or Services from PMCAR Aberdeen; Default language: means English language; Event Outside Our Control: means any act or event beyond our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Goods: means the goods (or any part of them) set out in the Order; Order: means the Customer's order for the Goods and/or Services submitted via the Website; Order Number: means a reference number allocated to Customer’s Order during the Ordering Process; Ordering Process: means the process of placing the Order via Website; Services: means the services (or any part of them) set out in the Order; Supplier: means PMCAR Aberdeen, a company incorporated in Scotland and having its registered office at 46 Lintmill Terrace, Aberdeen, AB16 7SQ, Scotland, United Kingdom; Terms and Conditions: means the terms and conditions set out in this document as amended from time to time in accordance with clause 15; Website: means PMCAR Aberdeen.com. 1.2. In these Terms and Conditions, the following rules apply: 1.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 1.2.2. A reference to a party includes its personal representatives, successors or permitted assigns. 1.2.3. Any phrase introduced by the Terms & Conditions including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those Terms & Conditions. 1.2.4. A reference to writing or written includes e-mails.
2. ORDERS & CONTRACT
2.1 The Order you place via Website constitutes an offer to purchase the Goods in accordance with these Term and Conditions. Please read and check your Order carefully before placing it, as you are responsible for ensuring that the terms of the Order and any specification submitted to us is correct and accurate. You are able to correct errors on your Order up to the point on which you click on “submit” during the Ordering Process. Any purchases of Goods from us via other platforms (Amazon, eBay) are subject to these Term and Conditions. 2.2 You may only purchase the Goods from us if you meet legal age requirement necessary for purchase of the same. 2.3 Any email, order confirmation or other electronic acknowledgement by us of receipt of an Order does not constitute legal acceptance. The Order shall only be deemed accepted by us, and a Contract formed when you have paid for the Goods and monies have been received by us. If we are unable to accept your Order, we will inform you of this as soon as practicable and will not charge you for the Goods. 2.4 We will assign an Order Number to your Order when we accept your Order. Please remember always use the Order Number whenever you contact us about your Order. We will retain details of your Order in our database and these details can be made available to you on request from our Customer Services Team. 2.5 All Orders placed via the Website are subject to acceptance and stock availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail or phone (from the details you have submitted when ordering). You will have the option either to wait until the item is available from stock or to cancel your Order. 2.6 We only accept Orders originating from and for delivery to UK addresses. We do not accept Orders from addresses outside the UK. 2.7 The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract. 2.8 These Terms and Conditions are made only in the English language. However, our Website is translated into multiple languages for the convenience of our Customers. Where any conflicts or discrepancies in translation occur or terminology that which is not included in a translated version, the Default Language shall always prevail.
3.1 Goods are as described on our Website. We reserve the right to amend the description and specification of the Goods at any time if required by any applicable statutory or regulatory requirement. Fitting Services are subject to additional charge of FIFTY POUNDS (£50.00) Sterling and are only available to Customers located in Aberdeenshire area. Please contact our Customer Service Team for more information. 3.2 We have taken care in the preparation of the content of our Website, in particular to ensure that prices quoted are correct at the time of publishing and that all Goods have been fairly described. In the event that there are any errors regarding the price, specification or description of Goods, 4 we reserve the right to correct that price or description, notify you and cancel your contract accordingly. 3.3 The images of the Goods on our Website are for illustrative purposes only. The colour of Goods may vary slightly from those images and we cannot guarantee that a device's display of the colours accurately reflects the colour of the Goods. The packaging of the Goods may also vary from that shown on images on our Website. 3.4 All weights, dimensions, sizes and capacities are supplied as a guide only and are approximate. Although we have made every effort to be as accurate as possible, because our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a ten (10)% tolerance. 3.5 You agree and understand that the Goods supplied by us are made according to your specification and are clearly personalised to your needs. 3.6 When we are making the Goods to measurements you have given us you are responsible for ensuring that these measurements are correct. We accept no liability for any loss, damage or injury arising as a result of the advice contained on our Website. 3.7 If you wish to make a change to the Goods you have ordered, please contact us as soon as possible, but not later than twenty-four (24) hours from the date of your Order. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract, but no refund will be available to you due to the nature of the Goods. 3.8 Wherever it is not possible to accept your Order for the Goods of the specification and description at the price indicated, we will notify you immediately by email, offer to sell you the Goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
4.1 The prices payable for the Goods are as set out on our Website on the date of placing the Order. 4.2 Prices for our Goods may change from time to time, but changes will not affect the Order you have already placed. 4.3 All prices are shown in British Pounds Sterling. 4.4 All prices are inclusive of VAT where appropriate. 4.5 The price of the Goods does not include delivery charges. Our delivery charges are as advised during the check-out process, before you confirm your Order.
5.1 We accept payments by credit and debit card registered to UK addresses . Credit and debit cards accepted by us are those listed on our Website on the date on which the Order is accepted. Credit and debit card payments will be charged and debited on the date of placing the Order. Payments via PayPal will be charged as per the service providers' terms. 5 5.2 You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transaction and contact you as needed. We accept no liability if a delivery is delayed because you did not give us the correct payment details. 5.3 All card holders are subject to validation checks and authorisation by their card issuer. We cannot be held responsible for the consequences of any delay in delivery, or non-delivery, resulting from any refusal by a card issuer to authorise a payment. 5.4 Upon providing us with details of your credit/debit cards and submitting the Order, you represent, warrant and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the credit/debit card and you authorise us to deduct payment from your credit/debit card account as payment in full for the total price of the Goods and all other payments which shall become due to us under the Contract. 5.5 Payment for the Goods and all applicable delivery charges is in advance. You must pay for the Goods before we dispatch them. If it is not possible to obtain full payment for the Goods from your account, then we can cancel the Contract and or suspend any further deliveries to you. This does not affect any other rights we may have. 5.6 You must pay all amounts due to us under these Terms and Condition in full without any set-off, counterclaim, deduction or withholding.
6.1 Delivery of the Goods ordered will be made as soon as reasonably possible and in any event within thirty (30) working days of the acceptance of the Order. We will contact you with an estimated delivery date. Any dates quoted for delivery are approximate only and we shall not be liable for any costs incurred if delivery of Goods is delayed however caused. 6.2 We may need certain information from you so that we can supply the Goods to you. If so, this will have been stated in the description of the Goods on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us information we need within a reasonable time of us asking for it. 6.3 We will arrange for delivery of the Goods to the address you specify for delivery in your Order during the check-out procedure. It is important that this address is accurate. You will be required to pay for delivery of Goods. Delivery charges vary according to the type of Goods ordered and will not be refunded. Where delivery is otherwise than at your UK address, you shall be liable for additional delivery and any insurance, tariffs, taxes charges. If you require a separate delivery address, please contact our Customer Service Team. 6.4 Delivery of the Goods shall be performed by a third party and we shall not be liable for any late delivery or loss/damage items. The method used to deliver your Order varies depending on the delivery address (UK or International) and the weight/size of your Order. If you have asked to collect the Goods from our premises, you can collect them from us at any time during our working hours on Business Day. For full details of our delivery terms and conditions, including postage and shipping costs (if applicable), please refer to the delivery information on our Website. 6.5 We shall have no liability for any import duties and taxes (tariffs) which might be applicable to your Order. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order. 6.6 We shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. We cannot be held responsible for the consequences of any delay caused by the failure of couriers to fulfil their obligations, although we will always do all that is reasonable to provide the Goods by the time required. 6.7 The ownership of the Goods shall not pass to you until we have received payment in full of the total price of the Goods. Risk of damage or loss of the Goods shall pass to you on delivery or, if you fail to take delivery of the Goods at the agreed time, the time when the carrier have used all reasonable endeavours to deliver the Goods to you. Once Goods have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction. 6.8 Where the courier is unable to deliver the Goods, they will either attempt to deliver to a neighbour, attempt to redeliver the following day, leave a card for you to rearrange a suitable time for redelivery or leave the parcel at your local Post Office for you to collect. We are not responsible for any missing Goods or destruction of Goods however caused.
7. ORDER CANCELLATION
Cancellation By You 7.1 Your Consumer’s right to change your mind and cancel Contract under the Consumer Contracts Regulations 2013 does not apply to the Goods that are made to the Customer’s specifications or are clearly personalised in accordance with section 28(1)(b). Therefore, If you change your mind and no longer want the Goods that you have purchased from us, you DO NOT HAVE the right to return the Goods and you WILL NOT receive a refund. 7.2 However, you may cancel the Contract between us and receive a refund ONLY if you notify us about your decision to cancel the Contract within twenty-four (24) hours from the date of your Order. Any cancellation notice received from you after the specified timeline shall not be considered by us and no refund shall be made. 7.3 To cancel the Contract with us, you need to let us know within the timeline specified above that you have decided to cancel. If you wish to exercise this right, please contact our Customer Services Team by email. Please include details of your Order to help us to identify it. If you send us your cancellation notice by email then your cancellation is effective from the date we receive your email. 7.4 Once you have notified us that you are cancelling the Contract and this has been verified, any sum debited to us from you will be re-credited to your account (less any deductions) within thirty (30) days of your Order. Cancellation By Us 7.5 We reserve the right to cancel the Contract for the supply of Goods between us if: 7.5.1 you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due; 7.5.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods; 7.5.3 you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us; 7.5.4 we have insufficient stock to deliver the Goods you have ordered; 7.5.5 we do not deliver to your area; or 7.5.6 one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from manufacturer. 7.6 If we do cancel Contract with you, we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your Order.
8. REFUNDS & RETURNS
8.1 If you purchase the Goods from us which are found to be faulty, please contact our Customer Service Team to report it and we will attend to the problem without delay. Problems with Goods 8 that have been sold by us are under guarantee and should be referred to us in the first instance. We can supply proof of purchase if required for guarantee claims. 8.2 All damaged Goods must be reported to us within twenty-four (24) hours of delivery to ensure a claim can be made. After twenty-four (24) hours have passed we cannot claim for the damaged Goods on your behalf so please ensure you check the Goods when you sign for delivery. 8.3 You must return your Order to us without undue delay and in any event not later than fourteen (14) days after the day on which you notified us about the faulty/damaged Goods. You can send your Order back to our address and we recommend using a trackable service and obtaining proof of postage. Please note, it is your responsibility to return the Order back to us. We cannot be liable for lost or damaged returns. You must take reasonable care to ensure that the Goods are not damaged in transit, this includes ensuring that they are securely packaged. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which is not be permitted. 8.4 If you have returned the Goods to us because they are faulty, the manufacturer will provide the replacement or will refund you the price you paid for the Goods which does not include delivery and postage costs. You will be responsible for the cost of returning the Goods to us. We will refund you on the credit card or debit card used by you to pay. 8.5 If you have any questions or complaints about the Goods, please contact our Customer Service Team.
9. MANUFACTURER’S WARRANTY
9.1 The Goods we sell to you come with a manufacturer's warranty. We shall, to the extent possible, pass through to manufacturer any warranties for the Goods purchased. For details of the applicable guarantee terms and conditions, please refer to the manufacturer's warranty provided with the Goods. 9.2 Manufacturer warrants that on delivery, and for a period of TWELVE (12) months from the Order Acceptance Date, the Goods shall: 9.2.1 conform with their description and any specification provided by the Customer, or procedures applicable to such Goods at the time of its manufacture; and 9.2.2 be of good material and workmanship and free from material defects in the manufacture, design, workmanship, assembly and packaging of the Goods. 9.2.3 be fit for any purpose held out by the Manufacturer 9.3 Subject to clause 9.4 below, if: 9.3.1 you give notice in writing during the warranty period within a reasonable time of discovery that Goods do not comply with the warranty set out in clause above, 9.3.2 manufacture is given a reasonable opportunity of examining such Goods; and 9.3.3 you return such Goods to us at your cost, the Manufacturer shall, at his option, repair or replace the defective Goods, or refund the price of the defective Goods in full. 9.4 We will not be liable for Goods’ failure to comply with the warranty in clause above if: 9 9.4.1 you make any further use of such Goods after giving a written notice during the warranty period within a reasonable time of discovery that Goods do not comply with the warranty 9.4.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; 9.4.3 the defect arises as a result of us following any drawing, design or specification supplied by the Customer; 9.4.4 you alter or repair the Goods without our written consent; or 9.4.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions. 9.5 Except as provided in this clause, we shall have no liability to you in respect of the Goods’ failure to comply with the warranty set out in clause above. 9.6 These terms shall apply to any repaired or replacement Goods supplied by us under clause above.
10. EVENTS OUTSIDE CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. 10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract: 10.2.1 we will contact you as soon as reasonably possible to notify you; and 10.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. 10.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than thirty (30) days. If you opt to cancel, please contact us immediately but please note the refund would not be applicable due to the nature of the Goods.
11.1 Nothing in these Terms and Conditions is intended to exclude or limit our liability for: 11.1.1 death or personal injury caused by our negligence; 11.1.2 fraud or fraudulent misrepresentation; 11.1.3 any breach of the terms implied by section 9 to 11, or 17 of the Consumer Rights Act 2015; 11.1.4 breach of rights you might have as a consumer under applicable local law or other statutory rights; 11.1.5 defective products under the Consumer Protection Act 1987; 10 11.2 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract. 11.3 In any case, our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Goods under such Contract. 11.4 You agree to indemnify and keep indemnified PMCAR Aberdeen, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors against any claim by you or a third party for any loss, injury claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, loss of any contract or future business, lost savings, loss of data, replacement costs (including costs or expenses payable by you to any third party) damage to reputation or goodwill or any other damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website or any products procured using the website, arising out of your breach of these Terms and Conditions, or for any other claim related in any way to your use of the Website or any Goods, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. 11.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our Website. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase. 11.6 Where we provide you with the Goods information (including but not limited to labelling) about any conditions, recommendations or warnings necessary to ensure that the Goods will be safe, you agree to use the Goods accordingly. We shall not be liable for injury or loss suffered by you where you failed to follow our conditions or recommendations. 11.7 Except where expressly stated otherwise and agreed in writing with you, we only supply the Goods to you for your own domestic and private use. You confirm that by placing the Order you are acting as a Consumer for the purposes of the Consumer Rights Act 2015 and you are not purchasing as a business or on behalf of a third party for resale. By submitting the Order form you agree that you shall not either directly or indirectly use the Goods for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.1 Unless otherwise expressly stated in these Terms and Conditions, any notice or other communication given to you under or in connection with the Contract shall be in writing (including email), addressed to you at the address that you have specified to us when placing Order and shall be sent by pre-paid first class post, recorded delivery, or e-mail. 13.2 A notice or other communication shall be deemed to have been received: 13.2.1 if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address; 13.2.2 if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; 13.2.3 if sent by email, at 9.00 am the next Business Day after transmission, 13.2.4 if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, 13.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. 13.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14. ASSIGNATION AND TRANSFER
14.1 We may assign or transfer our rights and obligations under the Contract to another organisation. We will always notify you by posting on our Website if this happens. This will not affect your rights or our obligations under these Terms and Conditions. 14.2 You may only assign or transfer your rights or your obligations under the Contract to another person subject to our prior written consent.
15.1 We reserve the right at our sole discretion to update, change or to replace any part of these Terms and Conditions when required without prior notice. Any amendments will immediately apply to the use of our Website. It is your responsibility to check our Website periodically for 12 changes. Your continued use of or access to our Website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. 15.2 For avoidance of doubt, each time you Order Goods from us, the Terms and Conditions in force at the time of your Order apply to the Contract between you and us. Once the Order has been placed no variation to these Terms and Conditions shall be binding unless agreed in writing between you and our authorised representative.
16.1 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.1 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. 17.2 If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
18. THIRD PARTY RIGHTS
18.1 Nothing in this Terms and Conditions is intended to, nor shall it confer any rights on a third party. Except for our affiliates, directors, employees or representatives, a person who is not a party to this Contract has no right under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any terms of these Terms and Conditions.
19. GOVERNING LAW AND JURISDICTION
19.1 These Terms and Conditions as well as our Website and any content contained therein are governed by and construed in accordance with Scottish law. Parties to any such Contract irrevocably agree to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Scottish courts.
20. CONTACT INFORMATION
20.1 Any questions about these Terms and Conditions along with any trade enquiries should be sent to our Customer Service Team at firstname.lastname@example.org
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