Terms & Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 10th December 2021.
These Terms, and any Contract between us, are only in the English language.
- Information about us
1.1 All profits made from the sales of goods on our site are paid directly to the Nevis Landscape Partnership to support its work (registered charity number SCO33418). The Online Shop is operated by the Nevis Landscape Partnership, Registered Company no SC235028, Registered Office: An Drochaid, Claggan Road, Fort William, PH33 6PH.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact the Customer Services team by telephone on 01397 701088 or by post Nevis Landscape Partnership, An Drochaid, Claggan Road, Fort William, PH33 6PH. You can also e-mail us at firstname.lastname@example.org.
If you are emailing 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.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01397 701088, by post to Nevis Landscape Partnership, An Drochaid, Claggan Road, Fort William, PH33 6PH, or by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team 01397 701088 or by post Nevis Landscape Partnership, An Drochaid, Claggan Road, Fort William, PH33 6PH. You can also e-mail us at firstname.lastname@example.org.
- Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, because some of our Products are handmade, often from recycled products all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
- Use of our site
3.1 Your use of our site is governed by these Terms & Conditions. Please take the time to read these, as they include important terms which apply to you.
- How we use your personal information
5 You may only purchase Products from our site if you are at least 18 years old.
5.1 Certain Products on our site can only be purchased if you satisfy the legal age requirement for that product; these are 1) products containing alcohol, 2) knives/bladed instruments. 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.
- How the contract is formed between you and us
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.
6.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- Our right to vary these Terms
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed (if applicable).
- Your right of return and refund
8.1 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.
8.2 Our Delivery and Returns Policy. Please note, these terms reflect the delivery and returns policy on our website. This delivery and returns policy does not affect your legal rights in relation to faulty or mis-described Products.
Right under the Consumer Contracts Regulations 2013
14 day period to change your mind.
8.3 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, food or real Christmas trees
- 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 (including but not limited to our gift experiences), where the services provide for a specific date or period of activity.
8.4 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. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
8.5 To cancel a Contract, you just need to let us know that you have decided to cancel.
8.6 You can also e-mail us at email@example.com or contact our Customer Services team by telephone on 0300 1232025 or by post to Nevis Landscape Partnership, An Drochaid, Claggan Road, Fort William, PH33 6PH. 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.
8.7 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.
8.8 If you have returned the Products to us under this clause 9 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.
8.9 We will refund you on the credit card or debit card used by you to pay.
8.10 If a Product has been delivered to you before you decide to cancel your Contract:
(a) 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 our delivery depot at Nevis Landscape Partnership, An Drochaid, Claggan Road, Fort William, PH33 6PH, you will be responsible for the cost of returning the Products to us.
8.13 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 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.1 Delivery date will be approximately 5-10 working days after ordering. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
9.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.3 You own the Products once we have received payment in full, including all applicable delivery charges.
9.4 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.
9.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.4, 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.
9.6 If you do choose to cancel your Order for late delivery under clause 4 or clause 10.5, 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.
9.7 Under UK & EU VAT Law, VAT is due on all sales to private individuals where delivery is to an address in the EU.
- International delivery
We currently do not accept orders for delivery internationally. If you require an order to be shipped outside of the UK, please email us at firstname.lastname@example.org to discuss delivery options.
- Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
11.5 It is always possible that, despite our reasonable efforts, some of the Products on our site 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.
- How to pay
12.1 You can pay for Products using a debit card or credit card.
12.2 Payment for the Products and all applicable delivery charges is in advance. We take payment when the order is placed.
- Our liability if you are a business
This clause 14 only applies if you are a business customer.
13.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
13.2 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.
13.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (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.
13.4 Subject to clause 14.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products to which your claim relates.
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms 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.
- Our liability
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms 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.
14.2 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.
14.3 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.
- Events outside our control
15.1 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.
15.2 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.
15.3 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 email@example.com or contact our Customer Services team by telephone 01397 701088 or by post to Nevis Landscape Partnership, An Drochaid, Claggan Road, Fort William, PH33 6PH. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
- Communications between us
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 You may contact us as described in clause 1.2.
- Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 Please note that these Terms are governed by Scottish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Scottish law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of England or Wales, you may also bring proceedings in England or Wales.