Terms & Conditions
Welcome to the Kinloch Anderson Ltd Internet Site ("Site") on the World Wide Web. These terms and conditions set out the basis on which you can visit and use our website. Please read them carefully as they contain important information. By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these terms. Hopefully you will find all the information you require. If you have any questions regarding these Terms and Conditions you can send an email to us using the contact details provided.
Ownership of rights and trademarks
All rights to this website are owned by Kinloch Anderson Ltd. All materials on this website, including text, photographs, logos, designs, illustrations and videos are copyrights, trade marks and/or other intellectual property which are either owned by us or used with the permission of their owners. You may not copy, repost, modify or distribute any of the aforementioned items or any part of this website for any reason without our consent.
Accuracy of Content
Kinloch Anderson Ltd has taken every care to ensure that all photographs and descriptions on this site are a fair representation of the products for sale. Where possible, actual sizes are detailed with each item however some products may display larger or smaller than their actual size. Colours may vary slightly both due to minor errors from reproduction and variability of displays of computer monitors. Tartans in particular can vary significantly. The same tartan may be woven by more than one mill using differing dyes and thread counts (patterns) and shades may vary between different bales of cloth woven in the same tartan by the same mill.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
You will notify us immediately of any changes to the Personal Information by using our contact page.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website
Limitation of Liability
While we will try to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The Website is presented on an "as is" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on our through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealings or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
Any loss of goodwill or reputation
Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Although we accept that we are obliged to take every reasonable step to ensure authenticity of your credit/debit card transactions, we are not held liable for any damage or loss due to any misuse by any other person of your credit or debit card details.
Law and jurisdiction
This website and any content therein along with and contract brought into being as a result of usage of this website are governed by Scottish Law.
Availability and Pricing
All items are subject to availability. We will endeavour to inform you as soon as possible if any items within your order are not available.
We take considerable care to ensure our prices and descriptions throughout are site are accurately displayed. However we recognise that mistakes can occur and we reserve the right to correct these when they happen. Additionally prices of items are subject to change without notice.
All orders are charged in UK Pounds Sterling. prices displayed in other currencies are for guidance only and are converted at current exchange rates. The actual charge in your local currency will be calculated by your bank when the order is processed.
Alcohol Sales Only
Shipments containing alcohol can only be ordered by and delivered to those aged 18 or over and must not be purchased for onward supply to persons under 18 (UK).
Those that access the site from locations outside the United Kingdom are responsible for compliance with local laws if and to the extent that local laws are applicable.
Taxes and Duties
Sales to addresses within the European Union are subject to Value Added Tax (VAT) although certain goods such as children’s clothing may be exempt. Shipments to addresses out with the European Union (including North America) are not charged VAT.
Please note similar to all international retailers, we can take no responsibility for such taxes and can accept no responsibility for duties and other import taxes which certain countries (or states) may apply to your order. By placing your order with us you are assuming all responsibility for the legality of personally importing the products in question.
Furthermore if you prevent delivery of the goods by, (for example) failing to supply the courier or your local customs, tax office with necessary information or documentation, or failing to pay local customs, taxes or courier’s administration fees so your package is returned to us, any resulting return postage or courier’s administration fees incurred will be deducted from the amount refunded to you in respect of that order.
We request that you check orders prior to submission. Changes can be made to orders up to the point of ‘submitting’ the order.
Please note that the following Cancellation & Returns Policy does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
28-DAY RETURNS GUARANTEE
We want you to be totally satisfied with anything that you purchase from the Kinloch Anderson website. Therefore, if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 28 days of the date of despatch.
The exception to this is goods made to your personal requirements or specifications (e.g. a kilt made to your own specific measurements in a particular tartan). In these circumstances we can accept no returns unless we have not supplied the goods to the specifications given to us by you the customer.
Please note that you will be responsible for the costs of returning an item under this 28-Day Returns Guarantee including any re-importation taxes unless the goods supplied are faulty.
Should you wish to return an item please contact us before doing so to ensure this can be done in a timely and effective manner. Returned items must be sent back to us in their original packaging with any related accessories and the relevant receipt.
We recommend goods are returned using a secure and traceable shipping method as they remain your responsibilty until they are received back to us. You can then either exchange the item for something else or receive a full refund of the price paid (excluding any delivery charges and card processing charges). The refund will be made to the card used when placing your order.
The registered company address of Kinloch Anderson Ltd is:
Commercial Street / Dock Street
Company registration number: SC8191