Terms And Conditions Of Use

Welcome to the Whisky Kilt terms and conditions. By using this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound to these terms and conditions hereunder, do not use or access this Website. You must read and accept all of the Terms and Conditions contained herein together with the Privacy Policy before you may use or access the Website in any way. All contracts for the sale of products (which for the purposes of these conditions shall be "the Products") by or on behalf of Whisky Kilt ("us") are subject to these terms and conditions.

1. Interpretation

In these terms and conditions:-

"Conditions" means these terms and conditions and includes any special terms and conditions agreed in writing between the Customer and the Seller;

"Contract" means the contract for the sale of the Products;

“The Customer” and “you” means you, the user of this Website

"Delivery address" means the delivery address stated in the Order;

"Information" means any and all material contained in this Website

"Order" means the Customer's order for the Product(s);

"Price" means the price of the Products

“The Seller” or “we” or “us” means Whisky Kilt Limited

“The Website” means the website of Whisky Lilt Limited operating under the domain www.whiskykilt.com.

2. Basis of Use of the Website

You agree to the following:-

2.1 that you are aged 18 or over and are legally capable of entering into binding contracts; .

2.2 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;

2.3 that you will only view the Information for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time;

2.4 that you shall not use the Information for any unlawful purpose or in any unlawful manner;

2.5 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);

2.6 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, edu that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in Bidbroo at all times;

2.7 that you acknowledge that the Seller has no obligation to provide the Website or any Information or to ensure that you are able to use, provide and/or access the Information, and the Website;

2.8 that you will indemnify and keep indemnified the Seller against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.

3. Application

These Conditions apply to all sales of the Products by us to you and shall apply in place of and prevail over any terms or conditions contained or referred to in your order or in correspondence or elsewhere or implied by trade, custom or practice. No variation of these Conditions shall be binding upon us unless made in writing.

4. Orders

4.1 Orders made by you must be submitted electronically to our Website. No Contract in respect of any Products shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.

4.2 To place an order, you will be required to follow the shopping process online and press the "Authorise payment" button to submit the order. The Contract for the purchase of a Product between us will only be formed when we send you the Order Confirmation.

The Contract will relate only to those products whose dispatch we have confirmed in the Order 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 Order Confirmation.

5. Refusal of an order

5.1 We reserve the right to withdraw any Products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to authorise payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Acknowledgement of Receipt, which we reserve the right to do at any time, at our sole discretion.

5.2 For Specially Commissioned Whisky Kilts, permission may be required from distillery owner(s) for the Customer’s design if the design incorporated the name(s) of one or more distilleries. If such permission is refused the Customer will have the option of amending their design or cancelling their order. You acknowledge and accept that obtaining permission from distillery owner(s) is beyond the control of the Seller and that no liability shall be borne by the Seller in the event that said permission is refused or delayed.

5.3 We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Acknowledgement of Receipt.

6. Delivery

6.1 We shall endeavour to take all reasonable steps to comply with delivery dates quoted. We will not be liable for any failure, delay or error in delivery, beyond the cost of delivery.

6.2 Made to order items, may be subject to delays beyond our control. For Specially Commissioned Whisky Kilts, additional time may be required to obtain any necessary permission from distillery owner(s). In all cases we will take steps to keep you up to date with progress.

6.3 Delivery Charges shown at the time of placing the order are indicative and based on the standard cost of the courier service used to deliver to the delivery country. Additional charges required by the courier to deliver to specific locations in the delivery country may require to be applied to your order.

7. Terms of Payment

7.1 The prices shall be as set out in our Website as varied from time to time. All prices are shown inclusive of VAT. (But VAT exclusive price may be shown during the checkout process.)

7.2 Prices do not include the following for which you are additionally liable:

7.2.1 postage and packaging costs (which may vary from time to time):

7.2.2 any relevant taxes due in the country of the recipient. (In Europe VAT is charged at the time of purchase. In other countries, tax is charged by the local customs office, and may be collected by the courier before goods are delivered).

7.2.3 Payment for an order shall be made by credit or debit card. The actual price charged to overseas customers will be subject to the exchange rate applied by the customer's credit or debit Card Company. Customers outside the United Kingdom will also be liable for any import duty, quotas, permits, product restrictions and other local requirements. You are advised to check the latest applicable local requirements before placing an order.

8. Failure to make payment

If you do not pay on the date specified above we will be entitled, without prejudice to any other right or remedy it may have, to terminate this Contract, cancel or suspend any further deliveries to you under any Order.

9. Inspection

It shall be your responsibility to inspect and check the Product as soon as reasonably practicable after delivery and in any event, not more than seven (7) days after delivery to ensure that the quality, condition, quantity and specification of the Product conform to the instructions contained in the Order. In circumstances where you consider that the product does not conform with the Contract at the time of delivery, you should promptly contact us via by telephoning us on 0845 5190609 or by emailing us at info@whiskykilt.com with details of the Product and its damage.

10. Returns

10.1 Stocked items may be returned if you notify us within the statutory 7 working days. Customers are responsible for returning the goods in good condition with packaging and tags. This rule applies in all the countries of the EU. Outside the EU stock items in good condition may be returned for refund of the purchase price only. Shipping charges will not be refunded. Goods must be marked "RETURNED GOODS".

10.2 In the case of "made to order" items such as Specially Commissioned Whisky Kilts, no return or refund can be made unless the Products are defective in quality or condition or that they fail to meet the specification.

10.3 In the case of "hand made" or "hand loom" items, the specification shall be deemed to be less exact and a greater degree of tolerance with regard to stitching and tensioning will be deemed to be within specification.

10.4 We will not be liable to you for any shortfall in the quantity of Products delivered unless you inspect the Product and notify us of any claim in accordance with Condition 9.

10.5 We will not be liable to you for any claims that the Product is defective in quality or condition or that they fail to meet the specification unless notified to us within the period specified in Condition 9.

10.6 Where any claim based on defects in quality or specifications is notified to us within the period specified in Condition 7, we shall replace the Product (or the part in question) free of charge, or at our discretion, refund to you the price of the Product (or a proportionate part of the price) or provide you with credit against future orders (but we shall have no further liability to you).

11. Cancellation

In addition to our returns policy, under the Distance Selling Regulations EU Customers have seven working days (beginning the day after receipt) to cancel your purchase. In this case, we will provide a full refund but you must return the cancelled items to us. If we do not receive the cancelled items back, we may arrange to collect them from you at your cost. Please be aware that this cancellation right does not apply to contracts in respect of Specially Commissioned Whisky Kilts.

12. Liability

12.1 Except as expressly provided in these conditions, no warranty, condition, undertaking or term, expressed or implied, statutory or otherwise, as to the condition, quality, performance, durability or fitness for purpose of the products is given or assumed by us and all such warranties, conditions, undertakings and terms are hereby excluded insofar as permitted by law.

12.2 WE SHALL NOT IN ANY CASE BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT OR SIMILAR LOSS OR DAMAGES (INCLUDING ALL MANNER OF COSTS, FEES AND EXPENSES) ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE HOWSOEVER EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS AND INSOFAR AS PERMITTED BY LAW.

13. Events outwith our control

13.1 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).

13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, 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, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government, any shipping, postal or other relevant transport strike, failure or accidents.

13.3 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 endeavours 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.

14. Waiver

14.1 If we fail, at any time during the term of the 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 compl iance with such obligations.

14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

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 the paragraph on Notices above.

15. Assignation

We shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of your rights or obligations without our written consent.

16. Severance

16.1 If any provision of these Conditions or any part thereof is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

16.2 These Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

16.3 Both you and us acknowledge that, in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.

16.4 Neither you nor 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.

17. Variations

We have the right to revise and amend these Terms from time to time. 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 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).

18. Governing Law and Jurisdiction

These Conditions shall be governed and construed in accordance with the laws of Scotland and the parties hereby submit to the non-exclusive jurisdiction of the Scottish courts.

19. Statutory Information

This website is owned and operated by:

Whisky Kilt Limited
Registered in Scotland

Company No. SC352320

Registered address:
32 Castle Street

Clackmannan

FK10 4EJ

Scotland

VAT No: 978 7525 51