Edinkillie Sport Services

EDINKILLIE SPORT SERVICES LIMITED

TERMS AND CONDITIONS OF SUPPLY

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, including goods.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Edinkillie Sport Services Limited ("we"). We are a limited company registered in Scotland under company number SC236193 and have our main trading address is 13 Chanonry Crescent, Fortrose, IV10 8RH.

2.2 How to contact us. To contact us, please email [email protected] or telephone our customer service line on 0131 556 7600.

2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it and confirm that your goods have been dispatched, at which point a contract will come into existence between you and us. Please note, your order confirmation is an acknowledgement of your order only.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because your licence check does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we acknowledge your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the particular device you use to view our website will display the colours in a way that accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website may have a slight tolerance.

5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).

6. Our rights to make changes

6.1 Minor changes to the products. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7. Providing the products

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website when you checkout.

7.2 When we will provide the products.

(a) If the products are goods. We will contact you with an estimated delivery date and we will deliver them to you as soon as reasonably possible .

(b) If the products are services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any payment you have made towards products you have not received.

7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us by appointment during our working hours of 9am to 3pm on weekdays (excluding public holidays). If you have any doubts whether we are open, please call our customer service line on 0131 556 7600 to arrange collection.

7.5 If you have asked to collect the products from a local firearms dealer, you must arrange with the local firearms dealer to collect the products during the opening hours notified to you by the local firearms dealer.

7.6 Home delivery. We use a network of couriers to deliver goods. We allocate the delivery partner based on the delivery method selected and the value of your order. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery partner will usually try to redeliver one more time or leave a card confirming when they will try to redeliver or give you details on how to collect it. Please note, certain goods are not available for home delivery.

7.7 If you do not collect your goods. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.1 will apply.

7.8 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 10.1 will apply.

7.9 When you become responsible for the goods. You will be responsible for goods ordered from us from the time we deliver the product to the address you gave us or you collect it from us.

7.10 When you own goods. You own the goods only once we have received payment in full.

7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. For example, if you are purchasing a firearm, we require to see your licence. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8. Your rights to end the contract

8.1 You can always end your contract with us.Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), seeclause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, seeclause 8.2;

(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if the statutory cooling off period applies and you are within the statutory cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.1);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When you don't have the right to change your mind.You do not have a right to change your mind in respect of:

(a) goods that are made to measure or are made to your specification,

(b) goods that have been clearly personalised, or

8.5 How long do I have to change my mind? How long you have depends on how your products are delivered :

(a) Your products are delivered in a single delivery or you collect your goods from our shop. You have 14 days after the day you (or someone you nominate) receives or collects the goods.

(b) Your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

(c) You have asked to collect the products from a local firearms dealer.In this case you have until 14 days after the date on which you (or someone you nominate) collects the goods.

(d) You have ordered services. If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. The contract for goods is completed when the goods are delivered or collected. contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have no right to change your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not delivered but we may deduct from that refund (or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing [email protected] or calling our customer service line on 0131 556 7600.

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to our shop or, if appropriate, post them back to us at 13 Chanonry Crescent, Fortrose, IV10 8RH. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us that you wish to end the contract. Certain goods, including firearms, must be returned to us in person or, if it has been agreed with us, via a local firearms dealer.

9.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed; or

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

9.4 How we will refund you.We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) we may reduce your refund of the price (excluding delivery costs) 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 repay us an appropriate amount; and

(b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.6 When your refund will be made. We will make any refunds due to you as soon as possible.If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 9.2.

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 calendar days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your firearms licence; or

(d) you do not, within a reasonable time, allow us access to your premises to supply the services.

10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided although we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. If there is a problem with the product

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is services, the Consumer Rights Act 2015 says you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. If you haven't agreed a price beforehand, what you're asked to pay must be reasonable and if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also clause 8.3.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please retain your receipt and proof of postage and provide this when called upon to do so.

12. Price and payment

12.1 Where to find the price for the product. The price of the product (which includes VAT for customers in the UK) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 When you must pay and how you must pay. Depending on the type of goods or services you order, we accept payment with PayPal, Visa, Mastercard, bank transfer, cheque or cash.. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. 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 this contract or our 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 either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.

13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information

14.1 How we may use your personal information.We will only use your personal information as set out in our Privacy Notice.

15. Other important terms

15.1 We may transfer our contract with you to someone else. We may transfer our rights and obligations under these terms to another organisation without your consent.

15.2 You need our consent to transfer your rights or obligations to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under the contract (except someone you pass your guarantee on to). The contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England and Wales you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Scottish or the Northern Irish courts.