Sunday 26th October 2014
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the National Trust for Scotland Terms & Conditions
 
Terms & Conditions

ACCESS
Your use of this Website is governed by these Conditions. 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 Website. These Conditions do not affect your statutory rights.

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.

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
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

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 (eg 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.

We confirm that any personal information which you provide to us (or which is available on public registers) and any user information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. 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.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

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.

 

THE NATIONAL TRUST FOR SCOTLAND ONLINE SHOP
The National Trust for Scotland Online Shop is operated by National Trust for Scotland (Enterprises) Ltd which is a limited company (Registered Company Number SCO95585) whose registered office address is Hermiston Quay, 5 Cultins Road, Edinburgh, EH11 4DF. National Trust for Scotland (Enterprises) Ltd is a wholly owned subsidiary of The National Trust for Scotland (Registered Charity Number SC007410).

 

THIRD PARTY LINKS
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. We are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

 

CONTRACT CREATION AND ELECTRONIC CONTRACTING
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.
- 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 despatch 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:
- The Product you ordered being unavailable from stock;
- Our inability to obtain authorisation for your payment;
- The identification of a pricing or Product description error;
- You not meeting the eligibility to order criteria set out in the main Registration section above.

 

CONTRACT CANCELLATION
It will not be possible to cancel your order prior to dispatch. Please follow the procedure set out in our "Returns" policy. You are entitled to cancel this contract provided that you exercise your right within 14 (fourteen) working days after the day on which you receive the Products. Please note that your right to return Products does NOT apply to Products which fall into the following categories:

- Perishable goods (for example flowers and food);
- CD, DVD, tapes or other recording media, software or videos if their seal is broken;
- Earrings.
This does not affect your statutory rights under Scots Law.

 

PAYMENT
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. We do not take payment for your goods until the order is ready for dispatch. 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/Conditions. 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 despatch of your order. Payment is taken at the point of despatch 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.

 

DELIVERY
All items will be despatched using either Royal Mail or Business Post depending on weight. Delivery may take longer for overseas orders or products which are out of stock. Overseas orders may be subject to import duties and taxes which you will have to pay when your order reaches your country.

We endeavour to deliver within 5 working days of your order being placed unless alternative dates are stated in the product description, this is subject to goods being in stock.

High Value goods are 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.
We cannot be held responsible should local customs authorities wish to confiscate any particular item contained within the 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.
Some higher priced products such as tapestries and jewellery may be subject to an additional insurance charge to cover special delivery costs. This cost will be displayed prior to checkout. We do not currently offer a message card or gift wrapping service for online orders.

 

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 unforseen 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.

 

RESTRICTIONS
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.

 

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.

 

RETURNS POLICY
Unwanted goods may be returned for a refund or exchange if returned in their original condition and in original packaging within 14 days with proof of purchase. Please contact the Retail department at onlineshop@nts.org.uk or +44 (0)131 458 0398 for instructions. Refunds will be made against the original form of tender except in respect of sales goods. Unless the product is damaged or faulty, postage costs will not be refunded.

 

INTELLECTUAL PROPERTY AND THE RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 

COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

 

ASSIGNATION
You may not assign or otherwise transfer any of your rights under these Conditions.

 

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.

 

LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, the Website is provided on an "as is" and "as available" basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through it including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
We will not be liable, in contract or delict (except in the case of fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses,
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Nothing in the Conditions shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

We shall not be responsible for any breach of these Conditions caused by circumstances beyond our control.The provision of this Website does not include provision of computer or other necessary equipment to access the Website. To access it you will need an Internet connection and appropriate telecommunication links. For the avoidance of doubt, we shall not be liable for any telephone or other costs that you may incur.

 

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 in force at the date of despatch of your Product govern our relationship with you. You confirm that, in accepting the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.

 

LAW
The Conditions shall be governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the Scottish courts.

 

DEFINITIONS
In these terms and conditions, unless the context otherwise requires, the following words and phrases shall have the following meanings:
"Conditions" means these terms and conditions;
"Personal Information" means the details provided by you on registration;
"Product" means a product displayed for sale on the Website;
"Users" means the users of the Website collectively;
"we/us" means National Trust for Scotland
"Website" means the website located at www.nts.org.uk or any subsequent URL that may replace it;
"you" means a User of this Website and, where applicable, the party purchasing the Product.