THE CONTRACT BETWEEN YOU AND US
This is the legal stuff. We’ll try to keep it as straightforward and as short as possible but just so we all know where we stand… We must receive payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been received by sending an e-mail to you at the e-mail address you provide in your order form. This is not an Order Acceptance from Tartan Twist or Wow(Scotland) Ltd. Our acceptance of your order takes place on the despatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with clause 3. Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify please do not use this site.
1. By submitting an order you declare that you are at least 18 years old.
2. You understand that you are responsible for complying with your country’s importation laws and taxes and that all goods are shipped at Purchaser’s own risk.
3. You understand that Tartan Twist products can only be dispatched pending payment in full, (including any applicable taxes and delivery charges), and credit card verification.
4. Tartan Twist does not promise that products are necessarily available, and all products are offered for sale subject to availability.
5. While Tartan Twist aims to be precise in supplying products purchased, neither Tartan Twist (the Vendor), any shipper, agency or other intermediary shall be held liable regarding any legal action resulting in discrepancy’s made from the purchase or complications following the use of the products purchased.
6. You understand that due to continual updating of products Tartan Twist reserves the right to change specifications and amend prices without prior notice.
7. You acknowledge that any Internet Service Providers, Designers or Support Agencies connected with this Web Site are in no way responsible for the conduct of the Site’s owner or the Vendor of such goods and services as are herein advertised for sale. Nor can said Providers and Agencies enter into discussion with anyone concerning such goods and services, nor act as intermediary between Purchaser and Vendor.
8. The Vendor, his agencies and providers will endeavour as far as possible to ensure that all Purchaser and transaction details are transmitted securely and in an encoded form in such manner as to preclude their capture and successful use by any third party.
9. It is not usually possible to detect from inspection of an Internet transmission whether the original of it had been forged, wrongfully altered or otherwise misused or whether transmission details such as name of sender, sender’s email address, or date and time of transmission imprinted on it automatically are genuine. Therefore you hereby indemnify the vendor and his agencies against any actions arising from the Vendor or Vendor’s agencies acting upon any such Internet transmission.
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, or you have cancelled it.
www.tartantwist.co.uk and www.tartantwist.com are owned by Wow (Scotland) Ltd. Tartan Twist is a trading name of Wow (Scotland) Ltd. The use of Tartan Twist products is subject to the terms set out in this agreement. By purchasing Tartan Twist products, you acknowledge that you have read and understood this agreement and the limited warranty in it, and agree to be bound by its terms and conditions. You also agree that the limited warranty is the complete and exclusive agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the limited agreement. If you have any questions before deciding to purchase please contact us. All trademarks, product names and company names or logos sited herein are the property of their respective owners. All designs are the copyright of Tartan Twist. No permission is given by us in respect of the use of any such brand names, photographs, product names or titles or copyrights and such use may constitute an infringement of the owners’ rights.
WARRANTY EXCLUSIONS AND DISCLAIMER
1.1 Tartan Twist will accept returned, unused, undamaged jewellery within 30 days of delivery date. A full refund will result on the jewellery being returned. For hygiene reasons, earrings can only be refunded if they are faulty. Faulty goods will be replaced upon receipt of the faulty goods and Tartan Twist will not be held liable for any returns lost or damaged in transit.
1.2 Tartan Twist does not warrant, guarantee, or make any representations regarding the use, or the result of use, of Tartan Twist products or services. No oral or written information or advice given by Tartan Twist or Wow (Scotland) Ltd shall create a warranty and you may not rely on any such information or advice.
1.3 Tartan Twist will not be held liable for any direct, indirect, consequential or incidental damage or loss of any kind however caused, arising out of the use or inability to use its products or services, even if Tartan Twist has been advised of the possibility of such damage, injury or loss.
1.4 If any exclusion, disclaimer or other provision contained in this agreement is held invalid for any reason, Tartan Twist becomes liable for loss, damage or injury, that could otherwise be limited such liability whether in contract, negligence or otherwise will not exceed the amount actually paid by you (if any) for the product or service.
1.5 You acknowledge that the allocation of risk in this agreement reflects the price (if any) paid for products or services and also the fact that it is not within the control of Tartan Twist how, and for what purposes its products or services are used by you.
1.6 For the purpose of this clause 1 Tartan Twist shall include Wow (Scotland) Ltd, Tartan Twist, its holding companies, subsidiaries and any other companies or persons connected to it.
2.1 This agreement is the entire agreement between you and Tartan Twist and supersedes any other oral or written communications, agreements or representations with respect to any and all its products and services.
2.2 Nothing in this agreement will affect the statutory rights of a consumer in consumer transactions under any applicable statute.
2.3 If any part of this agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the agreement will not be affected.
2.4 The laws of Scotland govern this agreement.