Terms & Conditions for the Sale of Goods
I, Dianne Youngson, residing at Highfield, Auchronie, Skene, Westhill, Aberdeenshire, trading as Deemonte Designs, undertake to provide goods on the following conditions:-
1) Products, Content and Specifications. I make all reasonable efforts to display my products accurately. However, the actual colour you see will depend on your computer system and I cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time.
2) Shipping Limitations. When an order is placed, it will be shipped to the address designated by the purchaser. The goods are delivered to the purchaser when I make them available to the purchaser or any agent of the purchaser or any carrier (who shall be the purchaser’s agent, whoever pays its charges) at the purchaser’s premises or other delivery point agreed by me.
I may, at my discretion, deliver the goods by installments in any sequence. Where the goods are delivered in installments, no default or failure by in respect of any one or more installments shall vitiate the contract in respect of the goods previously delivered, or undelivered goods. I may deliver to the purchaser and the purchaser shall accept in satisfaction of the contract, a lesser number than the number of goods ordered.
Any dates quoted by me for the delivery of the goods are approximate only and shall not form part of the contract and the purchaser acknowledges that, in the performance expected of me, no regard has been paid to any quoted delivery dates.
3) Accuracy of Information. I attempt to ensure that information on this site is complete, accurate and current. Despite my efforts, the information on this site may occasionally be inaccurate, incomplete or out of date. I make no representation as to the completeness, accuracy or currency of any information on this site. I shall have the right [to adjust my prices for any increase in the price of materials, parts, labour, transport, changes in work or delivery schedules, or quantities or any other costs of any kind arising for any reason after the date of the purchaser’s order. I reserve the right, without prior notice, to limit the order quantity on any goods and/or to ref me e service to any purchaser. The purchaser warrants that any material provided by them, and its use by me for the purpose of providing the goods will not infringe the copyright or other rights of any third party, and the purchaser shall indemnify me against any loss, damages, costs, expenses or other claims arising from any such infringement.
The copyright or other intellectual property rights in any goods supplied by me shall unless otherwise agreed in writing between the purchaser and me, belong to me.
4) Contract. No contract shall come into existence until the purchaser’s order (however given) is accepted by the earliest of:-
a) our written acceptance
b) delivery of the goods, and
c) payment for the goods, which, in any case, is due with your order
5) Scope of Contract. Under no circumstances shall I have any liability of whatever kind for:
a) any defects resulting from wear and tear, accident, improper me by the purchaser or me by the purchaser except in accordance with the instructions or advice of the manufacturer of any goods, or neglect or from any instructions or materials provided by the purchaser;
b) any goods which have been adjusted, modified or repaired;
c) the suitability of any goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the purchaser;
d) any variations in the quantities or dimensions of any goods, or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the goods, and the substituted materials or components are of a quality equal or superior to those originally specified.
6) Extent of Liability. I shall have no liability to the purchaser for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the contract or any negligence, breach of statutory or other duty on my part in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except for death or personal injury resulting from my negligence, or as expressly stated in these conditions.
7) Indemnity. If the purchaser establishes that any goods have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description, I shall, at my option, replace with similar goods any goods which are missing, lost or damaged or do not comply with their description, or allow the purchaser credit for their invoice value, or repair any damaged goods. Replacements for such lost or damaged goods will, if available, be supplied by me at the prices ruling at the date of dispatch
If the purchaser establishes that any goods are defective, I shall, at my option, replace with similar goods or repair any goods, allow the purchaser credit for their invoice value or assign to the purchaser (so far as I are able to do so) any warranties given by the manufacturer of the goods to the purchaser.
On cancellation for whatever reason, the purchaser must return the goods to me at their own cost unless the goods are being returned because they are faulty, or are incorrect goods or because of unsuitable substitution by me , in which case I will meet the cost of return but I ask that the purchaser allows me to nominate the carrier.
Where I am liable in accordance with this condition in respect of only some or part of the goods the contract shall remain in full force and effect in respect of the other or other parts of the goods and no set-off or other claim shall be made by the purchaser against or in respect of such other or other parts of the order.
No claim against me shall be entertained for any defect arising from any design or specification provided or made by the purchaser if any adjustments, alterations or other work has been done to the goods.
In no circumstances shall my liability under this condition exceed the invoice value of the goods.
8) Revisions to these Terms and Conditions. I may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this site.
9) Data Protection. Your attention is hereby drawn to the Data Protection Acts 1984 and 1998 and to Directive 95/46/EC of the European Parliament and any regulations implementing them (all referred to together as the “Data Protection Requirements”).I duly observe all my obligations under the Data Protection Requirements which arise in connection with the contract. However I (a) me e cookies to provide my services and therefore certain of your information will require to be disclosed to third parties; and (b) as part of my contracts with third party software providers I are required to disclose certain information to them so that they are aware of who is using their software. It is a material condition of this contract to follow hereon that you consent to the disclosure of the required information and the use of cookies in the terms set out above.
10) Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between the purchaser and me to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the law of Scotland.