Terms and Conditions
Livestock Lounge is trading as Straight Out of Scotland
- These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- Information about us and how to contact us
2.1 Who we are. We areStraight Out Of Scotland Limited a company registered in Scotland. Our company registration number is SC570264 and our registered office is at Swordale House, Matheson Road, Bonar Bridge, Scotland, IV24 3AP. Our registered VAT number is 378733745.2.2 How to contact us. You can contact us by telephoning our customer service team by emailing us at email@example.com How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to
meet a delivery deadline you have specified.3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
- Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
- Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.6.2 More significant changes to the products and these terms. We may make more significant changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
- Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.7.2 When we will provide the products. We will provide the products to you as follows:(a) If the products are goods. If the products are goods we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
(b) If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
(c) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
(d) If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 09:00 to 17:00 on weekdays (excluding public holidays).7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further
delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.9 When you own goods. You own a product which is goods once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information.
If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue
payments (see clause 14.6).
- Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their delivery.
8.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) Have you bought goods? if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- How to end the contract with us (including if you are a consumer who has changed their mind)9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:(a) Phone or email. Contact customer services. Please provide your name, home address, details of the order and, where available, your phone number and email address.(b) Online. Contact us here.
(c) By post. Print off the form below and post it to us at our address. Or simply write to us at our address, including details of what you bought, when you ordered or received it and your name and address.
(Complete and return this form only if you wish to withdraw from the contract)
I/We hereby give notice that I/We cancel my/our contract of sale of the following goods /for the
supply of the following service, namely:
Ordered on /received on: ______________________________
Name of consumer(s): ________________________________
Address of consumer(s): _______________________________
Signature of consumer(s) (only if this form is notified on paper):_________________________________
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at our address or (if they are not suitable for posting) allow us to collect them from you. Please call customer services or email us for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are a consumer exercising your right to change your mind.
In all other circumstances you must pay the costs of return.
9.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- Our rights to end the contract10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
- If there is a problem with the productHow to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone or email our customer service team.
- Your rights in respect of defective products if you are a consumer12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See “Summary of your key legal rights” in bold below for a summary of your key legal rights in relation to the products.Nothing in these terms will affect your legal rights.Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
If your product is services, for example a support contract for a laptop, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of
postage or collection. Please call or e-mail customer services for a return label or to arrange collection.
- Your rights in respect of defective products if you are a business13.1 If you are a business customer we warrant that on delivery any products which are goods shall:(a) conform in all material respects with their description.(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and (d) be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you; (d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
- Price and payment
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.14.4 When you must pay and how you must pay. We accept payment with Paypal. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For digital content, you must pay for the products before you download them.
(c) For services, you must pay each invoice within 14 calendar days after the date of the invoice.14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of NatWest Group plc from time to time (or at 3% of the rate is zero or below). This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you if you are a consumer15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.15.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre existing faults or damage to your property that we discover while providing the services.
15.4 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.5 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
- Our responsibility for loss or damage suffered by you if you are a business16.1 Nothing in these terms shall limit or exclude our liability for:(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); or
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to 110% of the total sums paid by you for products under such contract.
- Other important terms18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do
not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the products in either the English, Welsh or the Scottish courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the Scottish courts shall have exclusive jurisdiction to settle any such dispute or claim.
Supplementary terms for users of our Marketplace
1.1 Who we are. We are Straight Out Of Scotland Limited a company registered in Scotland. Our company registration number is SC570264 and our registered office is at Swordale House, Matheson Road, Bonar Bridge, Scotland, IV24 3AP. Our registered VAT number is 378733745.1.2 How to contact us. You can contact us by emailing us at firstname.lastname@example.org These are the terms and conditions for use of the part of our website that contains our Marketplace and they govern the use of our Marketplace by you and all other users.1.4 The terms are in addition (and supplemental) to our terms and conditions for online business above, so those terms should also be read along with these. If there is a conflict between these terms and our terms and conditions for online business, the meanings andintention set out in our terms and conditions for online business will prevail.
1.5 To make meanings clear in these terms, some words are defined and when you see a word with a capital letter, that word has the meaning set out in this definitions section:
Content: content provided by you for publication on the Marketplace (including descriptions of Articles, images, and feedback).
Intellectual Property Rights: patents and rights in inventions, trademarks, trade names, rights to prevent passing off or unfair competition, rights in internet domain names and website addresses, rights in designs, copyright (including rights in computer software and moral rights), database rights, rights in confidential information including know-how and all other intellectual property rights, in each case whether registered or unregistered and including applications (and the right to apply) for registration and all rights or forms of protection having equivalent or similar effect anywhere in the world.
our website: www.straightoutofscotland.com
Marketplace: an online marketplace hosted on our website which buyers and sellers can use to sell products and services.
Articles: any products (such as goods or services) offered for sale on the Marketplace.
Account: the account set up for you on the Marketplace.
Terms: these terms and conditions.
Username: a name associated with the Account which is used for public identification within the Marketplace and will be visible to other users of the Marketplace.
1.6 References in these terms and conditions to the words “including”, “include” and “other” shall be construed without limitation.
- GENERAL CONDITIONS2.1 The Marketplace
(a) These general conditions apply to all users of the Marketplace.
(b) We have created the Marketplace and operate it to enable sellers and buyers of Articles to sell or buy Articles which may be published on our website.
(c) By registering as a buyer or seller on the Marketplace, you are bound by these Terms.
(d) These Terms will apply for the whole period you are registered on the Marketplace These Terms will cease to apply when all your transactions are completed and your account is closed permanently.
(e) Other than in relation to the provision of access to the Marketplace, these Terms do not establish any other legal relationship (including of agency, distributorship, partnership or joint venture) between you and us.
(f) We are not a party to any contract entered into between buyers and sellers, and accept no liability resulting from the misdescription; the use or misuse of any Article advertised on or purchased from the Marketplace.2.2 Registration
(a) To register and maintain your registration on the Marketplace, you:
(i) must live in the UK (or if you are a corporate entity, including a limited company or partnership) your registered office or principal place of business must be in the UK).
(ii) must be over 18 years of age.
(iii) must provide personal information including your name, address, phone number and email address and keep us informed of any changes to this).
(iv) will create a Username (which must not violate our website’s acceptable use policy).
(v) may not have more than one Account.
(vi) must not transfer the Account or passwords to another user.
(vii) must keep confidential all passwords associated with the Account.
(viii) agree to receive emails (and other communications) from us.(b) You:
(i) warrant to us that the information provided by you is true and accurate and if it is not you will indemnify us for any losses arising from the provision of false or misleading information.
(ii) are responsible for any activities under the Account. If you become aware of any unauthorised use of the Account you must notify us immediately via email.
(c) If we have reasonable grounds to suspect that your information is untrue, misleading or inaccurate, we reserve the right to close the Account.
2.3 Information use
(a) You shall respect other users’ privacy.
(b) You shall not:
(i) use information obtained about other account holders from the Marketplace for other uses.
(ii) collect, store or transmit data about other users without their consent.
(iii) upload or otherwise transmit private information related to any other person including, names, contact details or payment details.
(iv) disclose or transfer to any third-party data acquired by you as a result of any transactions or interactions on the Marketplace.
(i) do not warrant or guarantee uninterrupted access to the Marketplace or our website.
(ii) reserve the right to make changes to the Marketplace service for the purpose of upgrading, developing, extending or improving the service.
(iii) may publish notices on our website which shall be deemed to be notice to you.
If you continue to use our website after the notice of change you are deemed to accept such changes as have been made.
(iv) provide the Marketplace but cannot regulate the conduct of users beyond requiring them to comply with these Terms. We can make no (and specifically do not make) warranties or representations, express or implied, including
implied warranties relating to the Articles of merchantability, fitness for purpose, title, and non-infringement, or that they will be as represented on our
(b) You must not:
(i) interrupt the Marketplace or our website (or attempt to do so).
(ii) interact with the Marketplace except through our interface.
(iii) duplicate, sell, copy or resell the Marketplace service.
(iv) use the Marketplace for any unlawful activity.
(v) use the Marketplace in any way designed to cause disruption to the services
(vi) send spam to any user or us.
(a) You are responsible for all Content.
(b) You shall indemnify and hold us harmless for any losses of whatever nature arise as a result of any claims connected to you misdescribing any Article.
(c) We reserve the right to review, modify or remove any or all Content.
(d) You shall not:
(i) use Intellectual Property Rights belonging to another person (including other
users) without that person’s prior written consent.
(ii) upload Content which contains or transmits any malicious code which may damage or interfere with the integrity of the Marketplace, our website (or any data stored or transmitted by either the Marketplace or our website).
(iii) include in any Content any link (in any form) that enable other users of the Marketplace to contact you directly.
(iv) include in any Content any domain name (in any form) or your Username.
(v) use any of our Intellectual Property Rights without our consent.
(vi) advertise similar or ancillary goods or services not connected with the
(e) You grant us a non-exclusive, worldwide, royalty-free right to exercise all copyright, database rights and rights of publicity over the material displayed on the Account (and
you waive any associated moral rights) (excluding any of your logos, trademarks or other similar branding), in any media.
2.6 Giving & receiving feedback & rating
(a) Feedback establishes a relationship of trust for buyers and sellers in the Marketplace. We may allow for feedback to be made in the form of publicly available comments and/or ratings in respect of Articles for a specified period of time after the Article has been sold on the Marketplace.
(b) If you (as a seller) receive persistent unsatisfactory feedback, we may at our discretion place restrictions on your Account.
(c) You shall not:
(i) give feedback on any Article or transaction related to that Article where you are neither a buyer or seller.
(ii) give or attempt to give feedback on more than one occasion in respect of a single Article.
(iii) create (or attempt to create or facilitate the creation of) false or misleading feedback.
(iv) collude with other users or otherwise act in concert for the purpose of creating a false or misleading narrative relating to any Articles or other users.
2.7 Restrictions and Account termination
(a) In addition to any other provision set out in these Terms relating to breaches, failure to comply with these Terms may result in restrictions being placed on the Account and
repeated breaches of these Terms may result in the Account being terminated.
(b) We reserve the right to disable access to the Account at any time for any reason.
- SELLER TERMS
3.1 Who these conditions apply to
(a) These conditions will apply to you where you are selling Articles on the Marketplace.
(b) The contract for sale of an Article is between the buyer and seller. We are not a party to that contract.
(c) You (as a seller) must comply with all applicable legislation applicable to a seller of goods, services or digital content. The applicable legislation (which includes the
Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) may impose different requirements depending on whether the buyer is a business or consumer and whether the products are goods or services.
(d) The Marketplace attempts to give buyers and sellers as much information as required to comply with the legislation relating to purchase and sale of goods and services but we
give no warranty as to whether this satisfies the requirements of the legislation and you must satisfy yourself on that position.3.2 Advertising for sale
(a) The Article details and price stated in each description must be an accurate representation of the offer being made by you.
(b) Prices for Articles must include any delivery costs and taxes (including VAT). These costs may be separately listed but must be made clear to the buyer before a sale is concluded. You are responsible for collecting and accounting for VAT or any other applicable sales tax.(c) You shall not:
(i) attempt to avoid or reduce any fees payable to us by altering the Article price following a sale.
(ii) advertise any items in a currency other than sterling.
(iii) advertise Articles under an incorrect product description or wrong product category.
(iv) be unclear, unfair or misleading in relation to any Articles.
(v) circumvent our invoicing structure or commission charging rates.
(vi) upload more than one image per advertisement.
(vii) upload any images with a file size larger than 1MB.
(viii) advertise any Article for sale not under your exclusive ownership, possession and control.
(ix) advertise, attempt to advertise or facilitate the advertisement of any Prohibited
Articles (see below for what these are) on the Marketplace.
(x) sell, transfer, attempt to sell or transfer or facilitate the selling or transfer of any Prohibited Articles (see below for what these are) on the Marketplace.3.3 Prohibited Articles (as referred to above) are:
(a) Articles whose sale, distribution or offering for sale is prohibited by any applicable law.
(b) Articles that infringe another party’s Intellectual Property Rights.
(c) medication or drugs of any kind (under exception of any licensed animal medicines
which the seller is legally entitled to supply).
(d) tobacco, alcohol or alcoholic products.
(e) mobile phones.
(f) children’s travel systems (including car seats).
(g) crash helmets or cycle helmets.
(h) animals (other than livestock for the purpose of the agricultural trade).
(i) weapons (including antiques or replicas).
(j) offensive Articles (which includes but is not limited to Articles of an abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or that promote
discrimination based on race, sex, age or any other discriminatory criteria).
3.4 Where we will remove advertisements
(a) We reserve the right to remove any advertisement of Articles:
(i) we consider unsuitable for the Marketplace.
(ii) unsold after a period of 45 days.
3.5 Contract to sell & deliver
(a) The contract for sale of an Article is between the buyer and seller. We are not a party to that contract, although we do receive a commission on the sale.
(b) When advertising Articles on the Marketplace, you are making an offer for sale. On acceptance by a buyer, and once the buyer has completed the checkout process a binding contract between you and the buyer is formed.
(c) If an Article you offer for sale is for collection by the buyer, your address details and telephone number will be made available by us to the buyer once the payment has been made. If the Article is to be collected by the buyer, you must make every reasonable attempt to make the Article available for collection at a time convenient to the buyer.
(d) If the Article is to be delivered to the buyer, you must despatch the Article within 2 working days of the Article being sold. You are responsible for shipping and delivery of
Articles (including any packaging and insurance costs) to the buyer’s nominated delivery address.
(a) Any sale completed via the Marketplace is subject to a commission payable by the seller to us (“Commission”). This is based on the value of the Article being sold and is set out
(b) Commission is applied at the time an Article is sold and before the purchase price is credited to your seller account balance.
(c) You can download an invoice for any Commission that you incur. You can do this by visiting the account area of our website.
(d) The Commission applicable is fixed at the time of listing the Article.
(e) The Commission rate may change from time to time. You will be notified via email or by posts on our website about changes.
(f) We may, in our sole discretion, waive, reduce or reverse Commission for a specific transaction.
3.7 Your Account
(a) We will take payment from the buyer for any sale made on the Marketplace but this transaction will be handled via Paypal. Paypal will take payment from the buyer for
any sale made on the Marketplace.
(b) We will credit your Account within 14 days of an Article being sold but only once the Article has been shipped, collected or the service provided to the buyer.
(c) You may transfer funds electronically without charge from your Seller Account, subject to any minimum or maximum transfer limits. See the terms here.
(d) Your Account must remain in credit at all times. If for any reason your Account is overdrawn we will charge your nominated credit card for the full outstanding amount.
(e) You accept that we may earn interest or other compensation from the balances held in our bank accounts that result from the timing difference between our being paid by a buyer and your Account being credited with fund and if you leave funds in your Account. Any such interest or other compensation will be retained by us.
- BUYER TERMS
4.1 Who these conditions apply to
(a) These conditions will apply to you where you are buying Articles on the Marketplace.4.2 Contract to purchase
(a) You must pay for all Articles you purchase through our approved purchasing and payment system made available to you on the Marketplace.
(b) You must not (either yourself or in concert with the seller) circumvent (or attempt to circumvent) our invoicing structure or commission charging rates.
(c) The contract for sale of an Article is between the buyer and seller. We are not a party to that contract, although we do receive a commission on the sale from the seller.
(d) When advertising Articles on the Marketplace, the seller is making an offer for sale. On acceptance by you and once you have completed the checkout process, a binding
contract between you and the seller is formed.4.3 Cancellation & returns
(a) We are not a party to the sale or supply of any goods or services between you and the seller. If you wish to cancel an order for an Article on the Marketplace you should contact the seller immediately to advise that you wish to cancel the order. Cancellation may not be possible if the Article has been dispatched to you.
(b) You must inspect each purchased Article on receipt to ensure that it is in accordance with the seller’s description.
(c) Any Article you wish to return to the seller must be kept in good condition whilst in your possession.