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Terms & Conditions
BACKGROUND: This agreement applies as between you, the Customer of Scotland Titles and the Web Site, and the Service Provider which trades as Scotland Titles. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site and all times thereafter, including any and all purchases made through the Web Site. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
- Definitions and Interpretation. In this Agreement the following terms shall have the following meanings: “Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site; “Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers; “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; “Goods” means any products that the Service Provider advertises and or makes available for sale through this Web Site; “Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes. “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; Scotland Title correspondence address in the UK is Unit 61892, PO Box 26965, Glasgow G1 9BW United Kingdom; “Service” means collectively any online facilities, tools, services or information that the Service Provider makes available through the Web Site either now or in the future; “Service Provider” means Scotland Titles; “System” means any online communications infrastructure that The Service Provider makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; “Title” means you choosing to style yourself as Lord, Lady, or Laird for enjoyment purposes; “User” means any third party that accesses the Web Site and is not employed by the Service Provider and acting in the course of their employment; “Web Site” means the Scotland Titles website www.scotlandtitles.com and any sub-domains of this site (e.g. orders.scotlandtitles.com) unless expressly excluded by their own terms and conditions.
- Persons under the age of 18 - Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
- Business Customers - These Terms and Conditions apply to customers buying Goods in the course of business.
- International Customers - If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. The Service Provider is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and The Service Provider cannot guarantee that the packaging of your Goods will be free of signs of tampering.
- Intellectual Property - Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site or other material, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Service Provider, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by the Service Provider.
- Third Party Intellectual Property - Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, any Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
- In order to purchase Goods from Scotland Titles and to use some of the other facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. In dealings with Scotland Titles you represent and warrant that all information you submit is accurate and truthful; you have permission to submit Payment Information where permission may be required; and you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty. It is recommended that you do not share your Account details, particularly your username and password. The Service Provider accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you have reason to believe that your Account details have been obtained by another without consent, you should contact the Service Provider immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, the Service Provider accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase. Termination and Cancellation - Either the Service Provider or you may terminate your Account. If the Service Provider terminates your Account, you may be notified by email and an explanation for the termination may be provided. Notwithstanding the foregoing, we reserve the right to terminate your account without giving reasons. If the Service Provider terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched. The Service Provider reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch. If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases, less any reasonable costs incurred prior to cancellation. If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases, less any reasonable costs incurred prior to cancellation.
- Payments - We do not collect payment data. Payments are made through the third-party specialist payment processing company. The merchant account through which secure payments are made is held by the Service Provider.
- Goods, Pricing and Availability - Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available correspond to the actual Goods, the Service Provider is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Where appropriate, you may be required to select the required size, model, colour or quantity of the Goods that you are purchasing or specify what engraving you require on it. The Service Provider does not represent or warrant that such Goods will be available. Stock indications are provided on the Web Site however these may not take into account sales that have taken place during your visit to the web site. All pricing information on the Web Site is correct at the time of going online. The Service Provider reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated from time to time. In the event that prices are changed during the period between an order being placed for Goods and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
- Delivery - The Service Provider will notify you by way of email when your goods are to be dispatched to you. If the Service Provider receives no communication from you, within 10 working days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in good order and with no problems.
- Returns Policy - The Service Provider aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions and our Returns Policy. If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 30 days to arrange to return them. The Service Provider is not responsible for paying shipment costs or any applicable taxes. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods, less any reasonable costs incurred. If any Goods you have purchased have faults when they are delivered to you, you should contact The Service Provider within 30 days to arrange to return them. We are not responsible for paying shipment costs or any applicable taxes. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods, less any reasonable costs incurred. If Goods are damaged in transit and the damage is apparent on delivery, you should report such damage to the Service Provider within 10 days and arrange to return them. The Service Provider is not responsible for paying shipment costs or any applicable taxes. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods, less any reasonable costs incurred. If the Goods have been dispatched or have reached you, but you have changed your mind, please return them to The Service Provider within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of the Service Provider. You are responsible for paying shipment costs and all applicable taxes if Goods are returned for this reason. If you wish to return Goods to The Service Provider for any of the above reasons, please contact us using the details on this web site to make the appropriate arrangements. The Service Provider reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to: Any use or enjoyment that you may have already had out of the Goods; Any characteristics of the Goods which may cause them to deteriorate or expire rapidly; The fact that the Goods consist of audio or video recordings or personalised goods or that the packaging has been opened; Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law of the United Kingdom.
- Privacy - Use of the Web Site and our Services is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.
- Disclaimers - The Service Provider makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
- Changes to the Service and these Terms and Conditions - The Service Provider reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If the Service Provider is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- Availability of the Web Site - The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Service Provider accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability - To the maximum extent permitted by law, the Service Provider accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Law of England and Wales regarding contracts, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver - In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions - In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Notices - All notices / communications shall be given to us by post to our Premises (see address above) or by email to info@scotlandtitles.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction - Scotland Titles is a trading name of Blairadam Corporation PA. These terms and conditions shall be governed by and construed in accordance with the law of the country of the company incorporation; both the Customer of Scotland Titles and the Service Provider agree to submit to such laws.
- Land Register, Rights & Restrictions - By purchasing a souvenir plot of land from the Service Provider, you are consenting to us holding your details on our secure souvenir plot land register. By default, we will display your title, name and plot number on a version of this register. You are purchasing a personal right to your plot, without rights of vehicular access thereto over the larger subjects; reserving those rights of vehicular access to the estate owner and its successors in title of the larger subjects and all others authorised by it. You grant Scotland Titles access rights over your land, and rights to carry out maintenance work. You covenant with Scotland Titles that you and any of your successors in title shall not sell the plot except as a whole.
- Title - By purchasing a souvenir plot of land from this website, you acknowledge that it is not possible to purchase a noble title. Laird is a historic title of respect in Scotland, bestowed upon land owners. As a Scottish land owner you may freely choose to style yourself as the Scottish unisex title of Laird, or the English translations of Lord or Lady, for enjoyment purposes only. You will be addressed by your choice of Laird, Lord or Lady by us and within our community.