Our Terms and Conditions
These Terms and Conditions are applicable every time you access our website and/or order goods from our website. Please note that these Terms and Conditions also incorporate the following sections which we advise that you read:
Before proceeding with an order you will be required to show that you have read and understood the following terms and conditions. We recommend that you print a copy of these Terms and Conditions for your future reference.
1.1 This site is owned and operated by Scotia Gardens Limited.
1.2 All rights in this website are owned by us. Any unauthorised use, copying or modification is prohibited.
2. Ordering Goods
2.1 All orders placed through our website will be subject to our acceptance of the order.
2.2 When you submit an order to us on our website you will receive a confirmatory email of this order within 7 days saying that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we despatch the goods to you. Title to the goods will pass to you on delivery.
2.3 Promotional codes are codes that enable customers to obtain benefits such as discounts, free delivery and free gifts. These codes are non-transferable so may only be used by the person to whom they are issued and must only be used in accordance with their terms and conditions of use. If you use a promotional code to claim a promotional benefit, you must first check that it was issued to you and that you are eligible to use it. By using it to claim a promotional benefit you will be confirming that:-
(i) you are entitled to use the code;
(ii) you meet all the conditions that apply to its use;
(iii) you agree to the terms set out below.
If, before accepting your order, we find that you are not entitled to use the code or do not meet all the terms and conditions of its use, we may reject your order or alternatively process it without the promotional benefit being applied. If, after accepting your order, we find that you were not entitled to use the code or did not meet all the terms and conditions of its use, we may reverse the benefit that you obtained. If you transacted on a cash basis e.g. by debit or credit card, we may take a further payment, equivalent to the value of the benefit obtained, from the card used. If you transacted on a credit basis, the value of the benefit obtained may be charged to your credit account.
2.4 Should you wish to cancel your order or return any goods, please go to the Returns section for further information.
3. Processing your orders and payment
3.1 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
3.2 All prices shown on our website are inclusive of VAT. Delivery charges are clearly highlighted throughout the site. For further information on delivery charges see the Delivery section.
4.1 Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our delivery services and we may not be able to arrange delivery of some items to such addresses. You will be notified of this when you place your order.
4.2 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
4.3 All items are subject to stock availability.
4.4 When we deliver your items to you you may be asked to sign for the goods to acknowledge that you have received them.
4.5 Please note that if you wish to return goods under our Approval guarantee, you have 14 days from receipt of the goods to return them to us. For further information on returns and exceptions to our home approval guarantee please see the Returns section.
4.6 If an item is faulty please contact us and we will arrange an appropriate remedy.
6.1 The use of our site and any contracts formed are governed by Scottish law. Overseas orders will not be accepted.
6.2 All products are sold on the basis that they are for personal, domestic use only.
6.3 We shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods.
6.4 Nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury caused by our negligence.
6.5 Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods.
6.6 A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
6.7 If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
6.8 We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party.
6.9 You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.
6.10 We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website.
6.11 There are links on our website to third party websites which we believe may be of interest to you. We do not have any control over the content of these websites nor can we be liable in respect of anything contained on these websites.
6.12 These terms and conditions govern the entire trading relationship between you and ourselves and will remain in force for the duration of our trading relationship.
6.13 All intellectual property rights (including use of trade marks) shall be solely owned by us. You are permitted only to use material on this website as expressly authorised by us or our licensors.
6.14 Any unauthorised use of material on this site is strictly prohibited.
6.15 We will use reasonable endeavours to verify the accuracy of any product or pricing information which we place on the site but we make no warranties (whether express or implied) in relation to the accuracy of such information).
6.16 We may close your account or terminate our trading relationship by giving you notice of at least seven (7) days. This does not affect your obligation to repay any amounts you owe to us.
6.17 These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements. (Updated January 2010).
7.1 We are the operators of this website, and the contents of it are either our property (or that of our affiliated companies) or are used under licence from our suppliers. We are the owners of the compilation of information in this website.
7.2 Our rights, and those of our affiliates and suppliers, are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions.
7.3 We grant you a limited, non-exclusive and revocable licence to access our website for the purposes of browsing our (or our affiliates) product offer(s), ordering goods or services from us (or our affiliates), or obtaining contact information for us (or our affiliates).
7.4 Your licence to access our website does not extend to any commercial use of our website, or to any use of our website whatsoever which is for the benefit of any commercial entity other than us (or our affiliates).
7.5 You are expressly not permitted to download any part of our site (other than by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage.
7.6 You are permitted to link to our homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our (or our affiliates) suppliers interests, but you are expressly not permitted to use any of our logos or graphics either as or in connection with such a link.