These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information and are updated periodically.
Last updated: 12 October 2017 21:00
This site is owned and operated by Clan Kilts Ltd of 14 Viewfield Place, Stirling, Stirlingshire, FK8 1NQ, Scotland, United Kingdom. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info [at] clankilts.co.uk or +44 (0)1786 479707.
Cancellation/returns
Cancellation by you
We adhere to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Under these regulations, you have the following rights and obligations:
- You can cancel your order up to 14 calendar days after you receive your goods, with the exception of any personalised or bespoke/made to order items.
- You don't need to give us any reason for cancelling your order.
- You won't have to pay any penalty for cancelling your order.
- To cancel your order, notify us in writing by any durable medium (e.g. letter sent by post or e-mail to info [at] clankilts.co.uk)
- Once you have notified us that you're cancelling your order, you have 14 calendar days to return the goods to Clan Kilts Ltd, 14 Viewfield Place, Stirling, FK8 1NQ, Scotland, United Kingdom.
- Once we have either received the goods back or received evidence that you have sent the goods back, we will refund the full value of the order (goods and delivery charge) within 14 calendar days. Valid evidence is a tracking number.
- You won't receive any money to cover the cost of returning the goods to us, unless the goods are faulty. Where goods are faulty, we will pay you back reasonable costs of returning the goods to us, such as the basic delivery option. Express delivery surcharges will not be covered.
- We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (e.g. using or wearing the goods prior to returning the goods to us).
Cancellation by us
We reserve the right not to process your order if:
- We have insufficient stock to deliver the goods you have ordered.
- We don't deliver to your area.
- 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 our suppliers.
If we don't process your order for the above reasons, we will notify you by e-mail and will refund the full value of the order (goods and delivery charge) as soon as possible within 14 calendar days.
The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
Acknowledgement of your order
To enable us to process your order, you will need to provide us with your email address. We'll notify you by email as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this email doesn't constitute a contract between us.
Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Clan Kilts Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we can't guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It's your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we'll not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Availability
All orders are subject to acceptance and availability. If the goods you've ordered aren't available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
Ordering errors
You're able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
Payment, pricing and promotions
The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. All prices shown on our bespoke outfits are the starting prices and are shown as a guide only. We are happy to provide full quotes based on your specific requirements, so please contact us to discuss your outfit. Where it's not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
To keep your personal data safe and secure, all payments to Clan Kilts Ltd are processed by PayPal. Clan Kilts Ltd reserves the right to change prices and alter or remove any special offers at any time. All pricing information is reviewed and updated frequently.
Payment terms
When you place your order, your order payment is only pre-authorised, not processed. Except where a deposit is required, we will only process the payment immediately prior to despatch of your order or 28 days from the date of your order, whichever is sooner. We will take payment from your credit or debit card via our secure payment provider, PayPal. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
Shipping/Delivery
Delivery charges vary according to the type of goods ordered.
We offer a range of shipping options, including collect in-store for free. You select your shipping method during check out. Delivery estimates should be on each product page. However, if you find there is no delivery estimate, please contact us for more information. If we are unable to meet the delivery estimates for your order, we will try our best to let you know using the contact details you have provided to us.
- Our delivery charges are based on our negotiated rates with UPS and can be estimated during check out and will be confirmed prior to placing your order.
- You will be required to pay extra for delivery to delivery to some locations. Also, it might not be possible for us to deliver to some locations.
- We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
- You will become the owner of the goods you have ordered when they have been delivered 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.
Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
Accidental Damage Waiver (ADW) is available for all hire items at an additional charge which is stated on each product page. The ADW covers the wearer for accidental damage up to £200. The ADW does not include cover for lost, stolen or maliciously damaged hire items.
Liability
- Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
- We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
- Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
- 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 site. 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.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or misdescribed goods.
Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Clan Kilts Ltd, 14 Viewfield Place, Stirling, FK8 1NQ, and all notices from us to you will be displayed on our website from time to time.
Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Scottish law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Scotland. All contracts are concluded in English.
Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Customer Service
Privacy & Security
We take your privacy and security seriously. To ensure your data is safe and secure while using our website, we use the latest SSL encryption technology on all our website pages. This encrypts the data being sent and received to and from your computer and our server. This means it cannot be intercepted by anyone while it is being transferred. To keep your payment information safe and secure, PayPal processes all online payments on our behalf.
Ordering
To order through the website, just browse to the product you would like to buy. Click the 'Add to Bag' button. Click the 'Proceed to Checkout' button. Enter your name and address information. Select a shipping method. Enter your payment information via PayPal. Note: you do not need a PayPal account, you can use your credit/debit card. To keep your payment information safe and secure, PayPal processes those payments on our behalf. Once payment authorisation is successful, you should receive an email confirmation of your order being placed. Payment will only be taken immediately prior to despatch of your order, except where a deposit is required.