The National Trust for Scotland commercial services terms and conditions

 

1. Holidays Terms and Conditions

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1. Holiday Cancellation Insurance is not included in the rental and should you have to cancel your booking a refund will only be made if the Trust is able to re-let the accommodation for the period concerned.  If successful the Trust will refund the deposit and balance, if already paid, less a £30.00 booking fee. If we are notified of cancellation after the balance due by date you will be liable for this.  The Trust must be notified of cancellation in writing prior to the commencement date of the holiday.  We strongly recommend that you take out your own travel insurance.

2. Most arrivals are from 3 pm onwards but the arrival time for the property you have booked will be confirmed in the details you receive from the Trust prior to your holiday.  We ask that you vacate the property no later than 10 am on day of departure. 

3. The contract confers on you a right to occupy the accommodation for a holiday only and, in terms of section 12 (schedule 4, paragraph 8) of the Housing (Scotland) Act 1988 is not an ‘assured tenancy’.

4. The applicant must personally stay at the accommodation throughout the holiday and be over 21 years of age.  He/she is solely responsible for the whole party.  Assignees and sub-tenants are prohibited.  No more than the stated number may stay at the property.

5. A 20% deposit is required within 7 days to secure the booking.  The balance is due two months before the start of the holiday, without further reminder from the Trust.  The Trust reserves the right to declare the contract void, the deposit forfeit and to re-let the accommodation should the balance not have been received within the time limit and, further, to claim the balance of rent if the accommodation is not re-let.

6. Where dogs are permitted they must be kept under proper control and not allowed on the furniture, and especially the beds, nor left unattended in the property.  Dog owners will be held responsible for any damage caused to the property, contents or garden by their dog and for any extra cleaning required.  When out walking within the property grounds/estate, you must ensure that dogs are kept on a lead.  Dogs may be restricted to certain areas with the grounds of some of our properties.  There is a charge of £15.00 per dog per week/break.  No more than 2 dogs are allowed per property.

7. Please ensure that you take all reasonable care in the use of the property and its contents including the security of the property and you will report any damages as soon as they occur.  The Trust reserves the right to charge for all repairs, losses or replacements necessitated by the negligent act or omission of any of your party, guests or invitees.  If necessary this may include an administration charge.

8. You are requested to leave the accommodation clean and tidy.  The Trust reserves the right to make a charge for extra cleaning if the accommodation is not left in a satisfactory condition.

9. The brochure is as accurate as possible but cannot be warranted, nor do the descriptions form any contract.  The Trust reserves the right to alter or improve any of the subjects without notice.

10. Televisions, where provided, are colour but please note that in some rural areas channel choice can be restricted and reception may be poor.  Where this may be the case, you will find a DVD player/video recorder has been provided.

11. Should the Trust have to cancel your holiday for any reason, every effort will be made to find you suitable alternative accommodation.  If this is not possible a refund will be made of all monies paid by you to the Trust for the accommodation booked.  No further financial claims against the Trust will be considered.

12. As far as the law allows, the Trust takes no responsibility for loss, damage or injury to you or any of your party as a consequence of this agreement or the occupancy following thereon.

13. You will indemnify the Trust or their agents against loss, damage or injury sustained to the property or persons as a result of any breach of these conditions or arising from the fault of you or any member of your party.

14.  Please note that the advertised prices are for accommodation only, and that any additional activities - such as wedding receptions etc - must be agreed in advance with the Property Manager and that this will incur an additional charge.

15. Candles are not permitted in any of our properties due to fire safety regulations.

16. Fireworks are not permitted at the majority of our properties but we would advise visitors to check with the relevant property manager/caretaker in advance of their stay who will be able to confirm.

17. The proprietors or their agents whomsoever reserve the right to enter the property at any reasonable time.

18. There will be a fee of £30.00 for any transferred booking, and bookings may not be transferred within two months of the visitor's holiday, or from one calendar year to another.  A transferred booking is from one property to another or from one date to another.  The transfer must also be of equal or greater value. 

19. If the accommodation becomes inaccessible due to bad weather every effort will be made to find you alternative NTS holiday accommodation.  We are unable to offer any refund and strongly recommend you take out your own travel insurance.

20. The Trust must be advised of final numbers at our Base Camps prior to the balance due date.  We regret we are unable to make a refund if your party size is reduced.

21.  A "good housekeeping" deposit of £500.00 will be requested on bookings at those properties within the Connoisseurs Collection: Bynack, Claybokie & Creag Bhalg at Mar Lodge; Harmony, Melrose; The Laird's Apartment, Brodie Castle; Belmont House, Unst and the Preston Tower Apartment, Fyvie Castle.  No payment will be processed unless any damage occurs to the property during your stay. 

22.  Every effort has been made to ensure that you have an enjoyable holiday.  If, however, you have cause for complaint, we are anxious that remedial action is taken as quickly as possible.  Please contact the Property Manager or his or her staff as soon as possible so that they can take action or investigate and resolve the problem.  You should not feel reluctant to complain if you are dissatisfied with some aspect of your accommodation.  Indeed it is always the best policy to draw attention to the problem on the spot.  If you are unable to make contact, you should contact the Holidays Department on 0844 4932100 or you may wish to put your complaint in writing and send it to Head of Holidays, The National Trust for Scotland, Hermiston Quay, 5 Cultins Road, Edinburgh, EH11 4DF.

 

2. Events E-Ticket terms and conditions of use

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THE POSSESSION OF THE TICKET SHALL CONSTITUTE ACCEPTANCE BY THE HOLDER OF THESE TERMS AND CONDITIONS. IF THE TICKET IS USED IN BREACH OF THESE TERMS AND CONDITIONS IT WILL BE VOID AND THE HOLDER MAY BE REFUSED ENTRY TO OR EJECTED FROM THE VENUE.

1. Please bring your reference number and the credit/debit card you used to make the purchase to the event. We ask that the cardholder presents the card that the tickets were booked on as identification. Any other forms of i.d. or letters of authorization are taken at your own risk and may result in entry being refused to the event.

2. If you lose your reference number please supply your full name and address details to webmaster@nts.org.uk or the contact details below and this will be re-issued.

3. Once purchased, tickets cannot be transferred, exchanged, refunded or returned unless the event is cancelled, moved to another date, or if details of the event are significantly changed after an order is placed (significant changes being a change of performance or artist (concerts only), venue or date of the show).

4. In the event of the cancellation of an event by an organiser/promoter including a cancellation due to circumstances beyond the National Trust for Scotland’s (NTS) control, NTS will only refund the face value of the ticket. No further claims will be considered. NTS will use its reasonable endeavours to contact purchasers either by phone, email or in writing (using the details provided at the time of ordering) and advise them to return the tickets. Please note, however, it is the customer's responsibility to check whether the event is going ahead at the scheduled date, time and venue, and NTS cannot guarantee that they will inform the customer of any changes to the event date, time or venue.

5. If an event is moved from its advertised venue and / or the date is changed, tickets already purchased may remain valid should the customer wish to attend the revised event. If not, NTS will refund the face value of the tickets. No further claims will be considered. NTS will use its reasonable endeavours to notify all purchasers by phone, email or in writing (using the details provided at the time of ordering) to advise on the validity of the tickets and the procedure for obtaining a refund. Refund requests willusually be accepted up until 1 week prior to the revised event, or 3 days after notification of the change (whichever is the later) unless otherwise notified. In the event of a change at short notice (within 1 week of the event) NTS will use its reasonable endeavours to notify purchasers of the conditions that apply, and offer a refund if these are not agreeable. Please note, however, it is the customer's responsibility to check whether the event is going ahead at the scheduled date, time and venue, and NTS cannot guarantee that they will inform the customer of any changes to the event date, time or venue.

6. If NTS is unable to fulfil an order for any of the reasons below the customer will be entitled to a full refund (but, for the avoidance of doubt, no further compensation) :

NTS do not despatch your e-ticket and do not arrange for entry to the event on production of valid ID.

NTS despatch the incorrect e-ticket e.g. for the wrong event / wrong type of tickets.  

Any other similar circumstances where NTS has acted with negligence or where we may have acted in breach of contract

7. A duplicate e-ticket and reference will only be issued if sufficient details are supplied to webmaster@nts.org.uk or the contact details below these being Name, full address and method of payment.

8. Customers are advised to check their e-ticket upon receipt.

9. It is the responsibility of the customer to inform NTS of any change of address, contact phone number or email address, both before and after receipt of the e-ticket. Please note that our preferred method of contact for customers booking online is by email, so care should be taken to provide a current, valid email address.

10. The NTS or venue management or the event promoter reserve the right to refuse admission to any person and to remove persons from the venue for any reason where necessary including, without prejudice to the foregoing generality, health and safety, environmental and security concerns and the NTS or venue management or the event promoter may from time to time and at their sole discretion carry out security searches and you agree to these searches being carried out. NTS would advise customers that no refunds will be offered to customers who are refused entry or ejected from a property or venue for reasons including late arrival, declining to be searched if appropriate, abusive, threatening, drunken or other antisocial behaviour (including smoking in no smoking areas), causing a nuisance, carrying offensive weapons or illegal substances, or making unauthorised audio, video or photographic recordings.

11. In the interests of public safety the NTS or the venue management or event promoter reserves the right to request you to leave the venue at any time for safety reasons or immediately after the event.

12. By ordering you agree that the e-tickets are for the personal use of you and your party only, and will not be resold or transferred. Any ticket re-sold or transferred will become void and the holder will be refused admission or ejected from the venue. Any resale or attempt to resell the tickets at a price higher than purchased will result in your orders being cancelled without prior notification. No tickets may be used for commercial and/or promotional purposes (such as competitions, promotions or hospitality packages) without the prior written consent of NTS.

13. If a customer orders more tickets than the maximum allowed, as indicated during the booking process, we reserve the right to cancel the order. The maximum applies per person/card/household.

14. In order to prevent fraud and to protect both parties, you may be asked to provide additional information after your booking so that we can verify your purchase. We reserve the right to cancel any order that further to investigation we deem to be possibly of a fraudulent nature.

15. This ticket is issued subject to the rules and regulations of the venue management, the venue, and any relevant licensing authority.

16. Admission to the venue is at the ticket-holder’s own risk. Neither the NTS nor the venue, venue management, nor event promoter shall be liable for any loss, damage, or injury sustained within the premises except for death or injury which is caused by the negligence of NTS, the venue, the venue management, the event promoter or their employees or agents.

17. Neither the NTS nor the venue, venue management, nor event promoter accept responsibility for property lost, stolen, or damaged at the venue.

18. Unauthorised photography or use of recording equipment is prohibited. No audio, visual or cinematographic equipment or device shall be brought into the venue. All recording and any transmission is prohibited. As a condition of entry you hereby assign (by way of present assignation of future copyright) the copyright in any photographs or recordings that you make at the event in breach of this prohibition to the NTS.

19. Knives, flags, fireworks, smoke canisters, weapons, banners, poles, umbrellas, and similar articles or dangerous or hazardous articles are not permitted within the venue, and any person in possession of any such articles may be refused entry or ejected.

20. Any person who refuses to comply with instructions from a steward or other person acting for the venue management and/or NTS may be ejected from the venue.

21. No animals (other than assistance dogs) or babes in arms will be admitted to the venue.

22. This ticket shall remain the property of NTS at all times.

23. Ticket holders give their express consent to the use of their actual or simulated likeness in connection with the production, exhibition, advertising, or exploitation of any film, video, and/or audio recording of the event, and/or any element thereof in any and all media throughout the World. 

24. Punctuality is essential

3. Online Shop Terms and Conditions

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THESE CONDTIONS

Status of these Conditions

These Conditions (along with our Privacy Policy) tell you information about us and the legal terms and conditions on which we sell any of the Products listed on this Website. These Conditions will apply to any contract between us for the sale of Products to you. Please read them carefully as they affect your rights and obligations under the law. By using this Website you agree to be bound by these Conditions. If you do not agree to be bound by these Conditions you should not use this online shop. These Conditions do not affect your statutory rights.

Our right to change these Conditions

You should print a copy of these Conditions or save them to your computer for future reference. We amend these Conditions from time to time. Every time you wish to order Products, please check these Conditions to ensure you understand the terms which will apply at that time. These Conditions were most recently updated on 10.10.17 .

 

REGISTRATION

Customer registration

To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website you must:

- Register by providing your real name, phone number, e-mail address, payment details and other requested information;

- Be over 18 years of age;

- Stipulate a bona fide delivery address. Please note that PO Box numbers, hotels and accommodation addresses are not acceptable.

 

Your obligations concerning information which you give to us

You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. You must inform us immediately of any changes to your Personal Information by updating this as and when necessary.

 

PRIVACY POLICY

What information we will gather about you

When you shop on this Website, we will ask you to input and will collect personal information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (e.g. the URL you came from, IP address, domain types such as.”co.uk" and.”com"), your browser type, the country you accessed the site from, the pages of our Website that were viewed during your visit and any search terms that you entered on our Website ("User Information"). We may collect this information even if you do not register with us.

How we will treat your information

We will treat all your Personal Information in accordance with our Privacy Policy and we will use your information only for the following purposes:

- Processing your orders; 

- Statistical purposes to improve this Website and its services to you; 

- Servicing Website content; and 

- Administering this Website.

By making an offer to purchase a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information we may be obliged to do so.

 

CONTRACT CREATION AND ELECTRONIC CONTRACTING

How a Contract is created between us

The technical steps required to create the contract between you and us are as follows:¨You place the order for your Products on the Website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the Website. 

Our acceptance of your order

We will send to you an order confirmation email detailing the products you have ordered. Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order. Non-acceptance of an order may be a result of one of the following:

a) The Product you ordered being unavailable from stock; 

b) Our inability to obtain authorisation for your payment; 

c) The identification of a pricing or Product description error; 

d) You not meeting the eligibility to order criteria set out in the main Registration section above. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

 

 

CONSUMER RIGHTS OF RETURN AND REFUND

This clause only applies if you are a consumer.

Exercising your right to change your mind (Consumer Contracts Regulations 2013). 

If you are a consumer, you have a legal right to cancel a Contract within 14 days and claim a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

Your right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.

When you don’t have the right to change your mind. 

The cancellation right referred to above does not apply in the case of:

a)  Products which have been personalised for you, such as stationery or gifts

b)  Perishable goods such as flowers or food

c)  Sealed audio or sealed video recordings, once these products are unsealed after you receive them.

d)  Any products which are services relating to the supply of leisure activities where the services provide for a specific date or period of activity. 

e)  Earrings.

How to let us know you wish to cancel a Contract

To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us on onlineshop@nts.org.uk. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is attached at the end of these Conditions.

You can also e-mail us at onlineshop@nts.org.uk or contact our Customer Services team by telephone on 0131 458 0200 or by post to National Trust for Scotland, Customer Services, Hermiston Quay, 5 Cultins Road, Edinburgh, EH11 4DF. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

What happens if you cancel a Contact

If you cancel your Contract we will:

(a)   refund you the price you paid for the Products. However, 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 would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b)   refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).

(c)  make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i)   if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. 

(ii)  if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract. I

f you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

We will refund you on the credit card or debit card used by you to pay.

 

How to return Products to us

If a Product has been delivered to you before you decide to cancel your Contract then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to us at The National Trust for Scotland, Hermiston Quay, 5 Cultins Road, Edinburgh, EH11 4DF. Unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.

What happens if the Products are faulty or not as described

Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

PAYMENT

What is the price and when do you pay

We endeavour to ensure that all merchandise offered on the website is available at the same price as in the physical stores on our sites. All prices are in pounds sterling £ inclusive of the current rate of Value Added Tax VAT applied in the UK (where applicable) and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Product(s) ordered plus delivery charges as set out in the Delivery section of this Website. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website. Prices may change at any time prior to acceptance of your order.

You confirm that the credit or debit card that is being used is yours. You must ensure that the expiry date of your payment card is after the anticipated dispatch of your order. Payment is taken at the point of dispatch of Products and in the event that the payment card has expired we will not be able to take payment or fulfil your order. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. E-vouchers can be redeemed against any of the products available in our online shop (except Art on Demand prints), event tickets or National Trust for Scotland holiday accommodation. E-Vouchers cannot be redeemed in our physical stores or against membership.

What happens if the price of the Products is wrong

Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price

 

DELIVERY

How are items delivered

All items will be dispatched using either Royal Mail or Business Post depending on weight. Delivery may take longer for overseas orders or products which are out of stock.

We do not currently offer a message card or gift wrapping service for online orders.

What is the delivery period

We will deliver within 10 working days for UK deliveries and 15 working days for overseas deliveries of your order being placed unless alternative dates are stated in the product description. Delivery dates are subject to goods being in stock. Delivery dates may be subject to events outwith our control and these are described below.

High Value Goods

High Value goods may be subject to additional carriage charges and delivery times may vary. Individual rates and delivery times will be included in the product information for each individual item. Some higher priced products such as jewellery may be subject to an additional insurance charge to cover special delivery costs. This cost will be displayed prior to checkout.

International Deliveries

We cannot be held responsible should local customs authorities wish to confiscate any particular item contained within a hamper, or charge any import duty. The recipient is responsible for paying the duty. Delivery charges are based on calculated volumetric weight and delivery destination and will be quoted during the checkout process prior to your order being charged. Delivery charges vary depending on the type of products ordered and the service you select and cannot be refunded. For full details please refer to our customer services section. We cannot be held accountable for delays in customs clearance. You must comply with all applicable laws and regulations of the country for which the Products are destined.  We will not be liable or responsible if you break any such law. UK VAT is not due where the delivery is made to a destination outside the EU

The following clause only applies if you are a consumer.

What happens if we miss the delivery date

If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

(a)            we have failed to deliver the Products;

(b)            delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)            you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not wish to cancel your order straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline. If you do choose to cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, 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 Products and their delivery.

 

AVAILABILITY

Orders subject to availability

All orders are subject to availability. We shall inform you if any item(s) in your order are not available, and where possible give an estimated date of delivery. We feature products on our website that have been carefully selected for Online Shopping. Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address you provided when placing your order. If we cannot contact you or receive no response to our email, we will continue to process the remaining items on your order. All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces.

All products are subject to availability. If, due to unforeseen circumstances it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces. Substitutions will only be made with your prior consent.

 

AGE RESTRICTIONS FOR SOME PRODUCTS

Where the order concerns:

1. Knives or bladed articles, or liqueur chocolates, by placing an order you confirm that you are over the age of 16.

2. Alcohol, by placing an order you confirm that you or the recipient of an alcohol gift are over the age of 18. 


3. Classified videos and DVDs, by placing an order you confirm that you are over the age classified by the video/DVD.

We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products from our site. Proof of ID may be requested upon delivery. By placing an order with us you are confirming that you are of legal age to purchase the relevant products

 

DESCRIPTION OF PRODUCTS

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Any description given is for information only and does not constitute a sale by description. No warranty (express or implied) is given concerning the quality, condition or suitability for any purpose of any Products purchased.

We have taken great care in presenting the products on our website as accurately as possible. The images you see will depend on your monitor's display and colour capabilities. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise.

Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.

 

INDEMNITY

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your details and/or your Personal Information.

 

OUR RIGHTS

We reserve the right to:

- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; 

- change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website; 

- withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website.


In addition, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun.

 

OUR LIABILITY

Our liability if you are a business

This clause only applies if you are a business customer.

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions or our Privacy Policy. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

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 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)            defective products under the Consumer Protection Act 1987.

Subject to this, we will under no circumstances whatever 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 total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products to which your claim relates..

Our liability if you are a consumer

This clause only applies if you are a consumer.

If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence. 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.

We only supply the Products for domestic and private use. You agree not to use the product 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.

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.

 

Our liability for events that our outwith our control

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 an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)            we will contact you as soon as reasonably possible to notify you; and

(b)            our obligations under a 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

If you are a consumer you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us by e-mail at onlineshop@nts.org.uk or contact our Customer Services team by telephone on 0131 458 0200 or by post to National Trust for Scotland Customer Services, Hermiston Quay, 5 Cultins Road, Edinburgh, EH11 4DF. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

 

LANGUAGE

The contract will be concluded in English.

 

SEVERANCE

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

 

WAIVER

If you breach these Conditions and we ignore this, we will be entitled to use our rights and remedies at a later date or in any subsequent situation where you breach the Conditions.

 

ENTIRE AGREEMENT

The Conditions