Terms And Conditions Of Use
TERMS AND CONDITIONS OF USE OF DEEATKINSON.NET
Operated by THE EDINBURGH HERBAL DISPENSARY LTD
ACCEPTANCE OF TERMS
Your access to and use of DEEATKINSON.NET (“the Website”) and the Services outlined in Clause 2, are subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
DEEATKINSON.NET reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is, therefore, your responsibility to check the Terms and Conditions regularly for any changes.
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
DEEATKINSON.NET is very concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is, therefore, your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify DEEATKINSON.NET of any unauthorised use of your password or account or any other breach of security. In no event will DEEATKINSON.NET be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. DEEATKINSON.NET does not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. DEEATKINSON.NET will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
In using the Website/Services you agree not to:
Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
Threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary rights of any party;
Make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
Collect or store personal information about others, including email addresses;
Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
Impersonate any person or entity for the purpose of misleading others;
Violate any applicable laws or regulations;
Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
DEEATKINSON.NET has no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
DEEATKINSON.NET has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. DEEATKINSON.NET may also at any time, at its sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that DEEATKINSON.NET shall not be liable to you or any third party for any termination of your access to the Website/Services.
LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that DEEATKINSON.NET is not responsible for the content or availability of any such sites.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
INTELLECTUAL PROPERTY RIGHTS
The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
DEEATKINSON.NET does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting DEEATKINSON.NET a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold DEEATKINSON.NET and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against DEEATKINSON.NET by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by DEEATKINSON.NET in consequence of your breach of these Terms and Conditions.
DISCLAIMERS AND LIMITATION OF LIABILITY
Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, DEEATKINSON.NET will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
DEEATKINSON.NET makes no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of DEEATKINSON.NET for death or personal injury as a result of the negligence of DEEATKINSON.NET or that of its employees or agents.
Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Our business is registered in Scotland and our company registration number is SC420375.
Therefore this Agreement shall be governed by and construed in accordance with the law of SCOTLAND and the parties hereby submit to the exclusive jurisdiction of the SCOTTISH courts.
Our registered office is 6 Redheughs Rigg, Edinburgh , EH12 9DQ
TERMS AND CONDITIONS OF SALE OF DEEATKINSON.NET
Operated by THE EDINBURGH HERBAL DISPENSARY LTD
“Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
“Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
“Goods” means the articles that the Buyer agrees to buy from the Seller;
“Seller” means Black 365 Ltd of 44 Home Street, Edinburgh, Scotland, EH3 9LZ that owns and operates DEEATKINSON.NET;
“Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
“Website” means DEEATKINSON.NET.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Any complaints should be addressed to the Seller’s address stated in clause 1.5.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Where Goods that are normally in stock are ordered by the Buyer but are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days. This is not applicable to Goods that are made to order.
Where Goods that are made to order cannot be delivered within agreed lead times the Buyer shall be notified and given the option to either wait until the Goods are available or cancel the order and receive a full refund within 28 days.
When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in [THE ORDER PROCESS SECTION].
PRICE AND PAYMENT
The price of the Goods shall be that stipulated on the Website. The price is INCLUSIVE of VAT. The price EXCLUDES delivery charges.
The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
Payment of the price plus VAT and delivery charges must be made in full before dispatch or ordering of the Goods.
In the case of Consumer sales, payment of the price plus VAT and delivery charges must be made in full before dispatch or ordering of the Goods
RIGHTS OF SELLER
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any Goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
AGE OF CONSENT
Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
Goods that are usually in stock supplied within the UK will normally be delivered within 3 working days of acceptance of order.
Goods supplied outside the UK that are usually in stock will normally be delivered within 10 working days of acceptance of order.
Goods that are made to order supplied within the UK will normally be delivered within 3 working days after the Seller is in receipt of the Goods from the Supplier. The Seller will inform the Buyer of the estimated lead time of the Goods.
Goods supplied outside the UK that are made to order will normally be delivered within 10 working days after the Seller is in receipt of the Goods from the Supplier. The Seller will inform the Buyer of the estimated lead time of the Goods.
Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
CANCELLATION AND RETURN
The Buyer may cancel the order for Goods that are usually in stock for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
The Buyer may cancel the order for Goods that are made to order for any reason to the point where the Seller places any orders with external Suppliers and any payments made by the Buyer shall be refunded minus any costs the Seller has already incurred within 28 days.
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing to the address specified in Section 1.5 or by email to info@DEEATKINSON.NET within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller in writing to the address specified in Section 1.5 or by email to info@DEEATKINSON.NET within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of Goods made to order.
Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer or for the cost of replacement Goods.
Goods to be returned must clearly show the order number obtained from the Seller on the package.
Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers.
Gift vouchers are available in the UK only
Gift Vouchers will be dispatched within 3 business days of acceptance of order and will be delivered by UK Royal Mail First Class.
Payment must be made prior to dispatch.
The Buyer must notify the Seller of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.
Risk of loss, destruction or damage to the vouchers remains with the Seller until delivery to the Buyer where upon risk shall pass to the Buyer.
Gift vouchers may be exchanged for in stock Goods at 44 Home Street, Edinburgh, Scotland, EH3 9LZ.
Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Seller has been in error in fulfilling the Buyer’s order.
Gift vouchers are valid for 12 months from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.
LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW AND JURISDICTION
Our business is registered in Scotland and our company registration number is SC461820.
Therefore these Terms and Conditions shall be governed by and construed in accordance with the law of SCOTLAND and the parties hereby submit to the exclusive jurisdiction of the SCOTTISH courts.
Our registered office is 18 Bristo Place, Edinburgh, EH1 1HA