The Leith Silver Company Ltd

Terms and Conditions

 

Please read all of these terms and conditions.

 

As we can accept your order and make a legally enforceable agreement without further reference to you, please read these Terms and Conditions carefully and make sure that you understand them before placing an order. If you are not sure about anything, please contact us on : info@leithsilver.com or phoning us on 01463 871707.

 

Application

 

  1. These Terms and Conditions will apply to the purchase of the goods by you (the customer or you) from our website, www.leithsilver.com.

  2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing and order on the Website you will be asked to agree to these Terms and Conditions by clicking on the button marker “I accept”. If you do not click on the button, you will not be able to complete your Order.

  3. If you are a consumer, you may only purchase items from our website if you are over 18 years of age.

  4. If you are a business customer you must have the authority to bind the business on whose behalf you use the website to purchase items.

 

Information about Us and Contact details

 

  1. We are The Leith Silver Company Ltd, a company registered in Scotland. Our company registration number is SC399020 and our registered office is Gray and Butler, 10, Knockbreck Street, Tain, IV19 1BJ.

The trading address is Glentarra, Corry Road, Muir of Ord, IV6 7TL, with the email address info@leithsilver.com and phone number 01463 871707: (the Supplier or us or                                we). Our VAT Number is 127346810.

 

 Definitions

 

  1. Terms  means these Terms and Conditions of sale

  2. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business or profession

  3. Contract means the legally binding agreement between you and us for the supply of the Goods

  4. Delivery Location means the Supplier’s premises or other location where the Goods are to supplied as set out in the Order

  5. Durable Medium means paper or email or any other medium that allows information to be addressed personally to the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allow the unchanged reproduction of the information stored.

  6. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order

  7. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website

  8. Privacy Policy means the terms which are set out ow we will deal with confidential and personal information received from you via the Website.

  9.  Website means our website www.leithsilver.com on which the Goods are advertised.

 

Goods

 

  1. The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purpose only and there may be small discrepancies in the size, weight and colour of the Goods and packaging supplied.

  2. In the case of any Goods personalised to your special requirements, eg engraving,  it is your responsibility to ensure that any information or specification you provide is accurate.

  3. Any Goods which have been personalised cannot be refunded or exchanged unless they can be shown to have been defective at the time of delivery.

  4. All Goods which appear on the Website are subject to availability.

  5. “Silver” means Sterling Silver and will carry the hallmark of the Edinburgh Assay Office to verify this.

 

Our contract with You

 

  1. Please check your order throughout the checkout process.

 

  1. Acceptance of the Order will take place when we issue you with an Order Confirmation.

 

  1. The Contract will come into existence between you and us and these Terms become legally binding when the Order Confirmation is issued.                                   

 

  1. If we are unable to supply you with the Goods we will inform you of this and we will not process the Order. Examples of this include : if the Goods were out of stock; we have identified an issue relating to the price or description of the Goods;  or if we could not meet the delivery deadline you have stated.

 

Making changes to an Order

 

  1. If you wish to make a change to the Order, please contact us and we will let you know if this is possible along with any changes in price and delivery time.

 

 

 

 

Risk and Title

 

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

 

  1. You do not own the Goods until we have received payment in full, including delivery charges.

 

 

Price and Payment

 

  1. The price of the Goods will be the price indicated on the order page when you submit your Order. These prices do not include VAT which will be additional (where applicable) at the prevailing rate at the time you place your Order.

 

  1. Delivery charges will  be added to the total amount due during the checkout process.

 

  1. You must pay by submitting your credit or debit card details when placing your Order. If payment is unsuccessful for any reason, you will be notified within 2 working days. Rejection of a credit of debit card is made by the card issues and will not have any liability should this happen.

 

UK Delivery

 

  1. The Goods will be delivered to the Delivery Location provided by you in the Order. Please ensure that the address is current and note that we do not deliver to P.O boxes.

 

  1. Our UK orders are dispatched using Royal Mail Special Delivery or DHL, according to the dimensions and weight of the order. Delivery is normally next day, other than at weekends, and we will provide you with the tracking details to track the delivery.

 

  1. We use all reasonable endeavours to deliver on the estimated delivery date but we can not guarantee this. If this proves not to be possible, we will contact you by email as soon as possible to advise you of this and provide you with a revised estimated delivery date.

 

  1. If you have requested Goods to be engraved, this adds a minimum of two weeks to standard delivery timeframes.

 

 

 

 

UK Delivery : Costs

 

  1. We will advise you of the applicable delivery charges during the checkout process and these will be confirmed in your Order Confirmation. Delivery charges will be calculated based on the Good’s weight and value and the Delivery Location.

 

UK : Rearranging Delivery

 

  1. If no one is available to take delivery at the Delivery Location, Royal Mail or DHL will leave you a contact card so you can re-arrange delivery

 

UK: Late Delivery to a Consumer

 

  1. If we do not deliver within 30 days from the date of your Order Confirmation then you may cancel your Order straight away if any of the following apply:

 

36 (a) : we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

   

36 (b) :after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

 

  1. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

 

  1. If you do choose to cancel your Order for late delivery under clause 36, you can do so for just some of the Items or all of them, unless splitting them up would significantly reduce their value. If the Items have been delivered to you, you will have to return them to us  and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Items and their delivery.

 

Overseas Delivery

 

  1. The Goods will be delivered to the Delivery Location provided by you in the Order. Please ensure that the address is current and note that we do not deliver to P.O boxes.

 

  1. Deliveries to International Delivery Locations will usually be made by DHL. Your estimated delivery date will be within 3 working days for deliveries to the EU territories and the USA or within 7 working day for the rest of the world.

 

  1. Customs clearance can increase the delivery time by several days. This is outwith our control and we can not be held liable for delays due to customs clearance. We will keep you informed of any information made available to us in this event.

 

  1. We use all reasonable endeavours to deliver on the estimated delivery date but we can not guarantee this. If this proves not to be possible, we will contact you by email as soon as possible to advise you of this and provide you with a revised estimated delivery date.

 

  1. If you have requested Goods to be engraved, this adds a minimum of two weeks to standard delivery timeframes.

 

 

Overseas Delivery : Costs

 

  1. We will advise you of the applicable delivery charges during the checkout process and these will be confirmed in your Order Confirmation. Delivery charges will be calculated based on the Goods’ weight and value and the Delivery Location.

 

  1. Please note that if you order Goods from our website for delivery to an International Delivery Locations , your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. We have no control over these charges and we cannot predict their amount. You will be responsible for paying any such import duties and taxes. Please contact your local customs office for further information before placing your Order.

 

  1. You must abide with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

 

Overseas Delivery : Rearranging 

 

  1. DHL or an alternative courier service employed will contact you to agree a time when you or your representative will be available to accept the Goods, once they have cleared customs. Other delivery services will leave a note so delivery can be arranged.

 

Overseas Delivery : Late Delivery to a Consumer

 

 

  1. If we do not deliver within 30 days from the date of your Order Confirmation then you may cancel your Order straight away if any of the following apply:

 

48 (a) : we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

 

48 (b) :after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

 

  1. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

 

  1. If you do choose to cancel your Order for late delivery under clause 48, you can do so for just some of the Items or all of them, unless splitting them up would significantly reduce their value. If the Items have been delivered to you, you will have to return them to us  and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Items and their delivery.

Events outside our Control : UK and Overseas Delivery

 

  1. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will notify you as soon as reasonably possible. If this means we are unable to deliver the Items to you on the estimated delivery date, we will use all reasonable endeavours to offer you an alternative date.

 

  1. If the date we offer to you is more than 30 days after the date on which you receive your order confirmation, you will be entitled to cancel the Order provided you notify us of cancellation before we dispatch the Items to you. If you do so cancel, we will provide you with a full refund. We shall not, however, be liable for any costs, losses or damages you suffer as a result of cancellation of your Order in these circumstances.

 

  1. An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation acts of God, governmental actions, strikes, acts of terrorism, war or national emergency, fire, explosion, flood, epidemic, extreme weather conditions, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

Cancellation if you are a Consumer

 

  1. If you would like to cancel the Contract, you have a legal right to do so at any time from                    the date you receive your Order Confirmation until 14 days after the day on which you receive delivery of the Items.

 

  1. You can cancel the Order by either emailing info@leithsilver.com or phoning 01463   871707 or 07850658921.

 

  1. You must return to our business premises the Goods in undamaged condition at your own expense. We will fully refund you on the debit or credit card used by you to pay for the Goods within 28 days of you cancelling the Order. The Goods must be returned in their original packaging which must be undamaged and unmarked.

 

  1. These Cancellation rights, however, do not apply to a Contract for Goods in the following circumstances:

 

  1. Goods that are made to your specification or are clearly personalised, eg engraved to any Items which have been made to order where we have already started the work for providing these services

 

 

  1. If you are returning the Items to us, we strongly recommend you send the Items back to us using the same shipping method by which they were delivered.  This will ensure proof of delivery and insurance of the goods whilst they are in transit. The Items are your responsibility until they are received and signed for by us and we are not responsible for parcels lost in transit.

 

Deduction for Goods supplied

 

  1. 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 would not be permitted in a shop.

 

Timing of reimbursement

 

  1. We will make the reimbursement not later than 14 days after we receive back from you and Goods supplied.

 

  1. We will make the reimbursement using the same means of payment as you used for the initial transaction.

 

When we do not Permit Returns

 

  1. We  do not permit returns in the following circumstances:

    1. the Goods are damaged or have been handled in a way which would not be permitted in a shop.

    2. when goods have been made to order or have been personalised eg engraved.

 

 

Conformity

 

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation:

                  a) be of satisfactory quality

b) conform to their description

 

If the Goods are Faulty or Not as Described

 

  1. If we supply you with Goods that are faulty or not as described, you should notify us in writing as soon as possible. If you would like us to provide you with replacement Goods or a refund, you must return the Goods to us, in the original packaging. We will  send you a replacement or a full refund (including return delivery costs incurred) within 28 days of the date on which we receive the returned Goods.

 

 

 

Our Liability If You Are A Business

 

  1. Nothing in these Terms limits or excludes our liability for:

a) death or personal injury caused by our negligence;

b)fraud or fraudulent misrepresentation;

c)breach of the terms implied by section 12 and section 14 of the Sale of Goods Act 1979 (title and quiet possession, and quality or fitness, respectively); or 17.2.4. defective products under the Consumer Protection Act 1987.

 

  1. We will not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

a). any loss of profits, sales, business, or revenue;

b)loss or corruption of data, information or software;

c)loss of business opportunity;

d) loss of anticipated savings;

e)loss of goodwill; or

f) any indirect or consequential loss.

 

Our Responsibility For Loss Or Damage Suffered By You If You Are A Consumer

 

  1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or failing to use reasonable care and skill, but 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 the Contract (for example, if you discussed it with us during the sales process).

 

  1. We only supply the Items for domestic and private use. You agree not to use the Items 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.

 

 

  1. We do not in any way exclude or limit our liability for:

a) death or personal injury caused by our negligence;

b) fraud or fraudulent misrepresentation;

c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

e) defective products under the Consumer Protection Act 1987

 

 

Privacy

 

  1. We take the privacy of your personal information seriously and comply with the General Data Protection Regulation with regard to your personal information.

 

  1. Please see our Privacy Policy available at www.leithsilver.com  on how we handle your personal information.

 

  1. For the purposes of these Terms and Conditions

a) “Data Protection Laws” means any applicable law relation to the processing of Personal Data including, but not limited to the Directive 95/46/EC (Data Protection Directive ) or GDPR

b) “GDPR” means the General Data Protection Regulation (EU) 2016/679

c) “Data controller”, “Personal Data” and “Processing” shall have the same meaning as in the GDPR.

 

  1. Where you supply Personal Data to us so we can provide Goods to you, and we process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a) before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected

b) we will only Process Personal Date for the purposes identified

c) we will respect your rights in relation to your Personal Data and

d) we will implement technical and organisational measure to ensure your Personal Data is secure.

 

  1. For any enquiries or complains regarding data privacy you can email info@leithsilver.com

Intellectual Property Rights

  1. We are the owner of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

 

Accessing our Site : Viruses

 

  1. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

 

  1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

 

 

  1. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Governing law, jurisdiction and complaints

 

  1. The Contract (including any non-contractual matters) is governed by Scots Law. You and we both agree that the Scottish courts will have non-exclusive jurisdiction. If you are a resident of Norther Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in England and Wales.

 

  1. If you are a business, these terms of use, its subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the Scottish courts.

 

 

October 2020