Terms of service
INFORMATION ABOUT US AND HOW TO CONTACT US
This website is operated by Stoltman Brothers Ltd registered in Scotland under company number SC663262 and having its registered office at Unit 6 High Street Industrial Estate, High Street, Invergordon, Scotland, IV18 0EZ. Our VAT registration number is GB 402 3482 36. You can contact us by writing to us at the above address or by emailing sales@stoltmanbrothers.com.
DEFINITIONS
In these Terms, when we refer to we, us, our etc., we are referring to The Stoltman Brothers Limited. When we refer to you, we are referring to you, the customer.
In these Terms, when the following words with capital letters are used, this is what they will mean:
"CONTRACT" means the contract formed in accordance with these Terms for the purchase and sale of the Goods through the Website;
"GOODS" means the products (including, but not limited to, clothing, accessories, memorabilia) which we make available for sale through the Website from time to time;
"EVENT OUTSIDE OUR CONTROL" means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or the United Kingdom’s exit from the European Union;
"ORDER" means an order for Goods which you submit to us through the Website using our online ordering system; and
"TERMS" means these terms and conditions of sale.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to any contact on the website through which the service is provided, without express written permission by us.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your contract.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the service.
PLACING AN ONLINE ORDER
To place an Order through the Website, you must be a consumer. If you wish to purchase any Goods or services on behalf of a business, please contact us using the details provided above.
When you order any Goods through the Website, these Terms will apply to that Order. As part of the ordering process, you will be asked if you accept these Terms, so please read the Terms carefully before clicking on "I Accept". If you do not accept the Terms, then you will not be able to order any Goods through our Website.
If we accept your Order, these Terms will form the basis of the Contract between us.
It is your responsibility to ensure that the details of your Order are correct and accurate and that you provide us with all information relevant to your Order. Our order process allows you to check for and amend any errors before submitting your Order through the Website. You should note that we shall not be responsible for any errors which you make when inputting or submitting your Order.
The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation, assurance, or warranty that is not set out in the Contract.
These Terms, and any Contract between us, are only in the English language.
CONTRACT
When you place an Order through the Website, you are offering to buy those Goods from us.
If we accept your Order, we will send you an acceptance email which confirms (i) the details of the Goods, (ii) the total order value iii) and your Order number ("Confirmation"). The Contract between us is formed when we send you the Confirmation.
If we are unable to supply you with the Goods, for example, because the Goods are not in stock or are no longer available, or because of an error in the price on the Website, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Goods, we will refund the full amount of your payment if you do not wish to order alternative Goods from us or, in the case of a pricing error, order the Goods at the correct price.
OUR GOODS
Whilst we display images of the Goods on the Website, these images are for illustrative purposes only. We will do what we reasonably can to make sure that the images are a fair representation of the Goods. However, we cannot guarantee that your computer's display of the colours accurately reflect the colours of the Goods. You should also note that images of the Goods on the Website may not be representative of the actual size of the Goods.
For the purpose of the Contract, the quantity and description of the Goods will be set out in the Confirmation.
We reserve the right to alter the Goods or any relative specifications at any time. In such circumstances we shall notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish us to proceed.
We are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau. Nothing in these Terms will affect these rights.
DELIVERY
We will deliver the Goods to you as soon as reasonably possible, with the Goods to be delivered to the address stated in the Confirmation. However, please note that delivery may be affected by an Event Outside Our Control. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.
The Goods will be your responsibility from the time we deliver the Goods to the address you gave us or you collect it from us and you will only own the Goods when we have been paid for them in full, including all applicable delivery charges. More information can be found in our Returns Policy.
PRICE AND PAYMENT
The prices of the Goods on the Website and the Confirmation are in POUNDS STERLING and are inclusive of VAT and any other applicable taxes (which are charged at the current rate at the time of purchase). We will do what we reasonably can to ensure that the prices stated on the Website are accurate and up to date. In the event of any pricing errors, we will notify you by email and give you the opportunity to re-confirm your Order at the correct price.
You must pay for the Goods at the time of submitting your Order. If you pay through PayPal, we will not actually take payment until we issue the Confirmation. Payments may also be made by the following credit or debit cards: Amex, Maestro UK, Mastercard and Visa. By submitting a credit or debit card number, you: (a) confirm that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card all amounts payable by you to us (including VAT and any other applicable taxes) in connection with your Order.
You may be subject to validation checks and/or third-party authorisations depending on your method of payment.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
OUR LIABILITY
If we fail to comply with these Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We will not however be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
YOUR INFORMATION
We only use your personal information, which you provide to us, in connection with your Order or for any other reason, in accordance with our Privacy Policy.
OTHER IMPORTANT LEGAL TERMS
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract which are caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects our Contract with you, we will contact you as soon as reasonably possible to notify you. Please note our obligations under a Contract will be suspended for the duration of the Event Outside Our Control.
Each section of these Terms operates separately. If any of these sections (or any part of any section) is found by any court or relevant authority to be unlawful or unenforceable, the other sections (or other parts of the section in question) shall not be affected and shall remain in full force and effect. If any section of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some parts of the section were deleted, the section in question shall apply with such deletion as may be necessary to make it lawful and enforceable.
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.
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 for any third party to enforce or otherwise invoke any term of the Contract.
We may perform any of our obligations or exercise any of our rights under the Contract ourselves or where applicable, through any other persons (legal or otherwise) or entities.
We may transfer our rights and obligation under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
These Terms are governed by Scots law. This means that a Contract for the purchase of Goods through the Website and any dispute or claim arising out of or in connection with it will be subject to the laws of Scotland. You and we both agree that the courts of Scotland will have exclusive jurisdiction.
THIRD-PARTY LINKS
Certain content, products, and services available via our service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Stoltman Brothers Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
