1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Deposit: a cash deposit equal to 50% of the total value of the Order;
(b) Event Outside Our Control: is defined in clause 12.2;
(c) Goods: the goods that We are selling to you as set out in the Order;
(d) Order: your order for the Goods, in the form attached to these Terms;
(e) Terms: the terms and conditions set out in this document;
(f) Warranty: has the meaning given to it in clause 6.1; and
(g) We/Our/Us: Scotia Cabins Ltd. SC494456. Wester Greenside Farm, Newburgh Road, Abernethy, PERTH, PH2 9LJ.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We expressly say otherwise.
2.1 These are the terms and conditions on which We supply Goods to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or any change is required to the Order before it is signed and submitted, please contact Us to discuss (using the details contained in Clause 13 of these Terms). We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods, We will inform you of this in writing and We will not process the Order.
2.4 These Terms will become binding on you and Us when We confirm to you in writing that We are able to provide you with the Goods and We have received the Deposit from you, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.7 Our website, catalogue and brochure are solely for the promotion, sale and supply of Our Goods in the UK. Unfortunately, We do not accept orders from or deliver to addresses outside the UK, unless previously discussed and agreed.
2.8 The images of the Goods used in connection with Our website, catalogue or brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your device’s display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
2.9 If we are making and/or supplying Goods using measurements you have given to Us, you are solely responsible for ensuring that these measurements are correct and accurate.
3.1 We may change:
(a) the Terms to:
(i) reflect changes in how We accept payment from you; or
(ii) reflect changes in relevant laws and regulatory requirements,
(b) the Order to:
(i) adjust, update or remove any relevant specification or description contained in the Order including, without limitation, in respect of the finish of the Goods and/or the materials or parts to be used or supplied, but only where such finish, materials or parts are unable to be applied, used or supplied (as the case may be) for reasons out-with our control.
3.2 If We have to change the Terms under clause 3.1(a), We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 11.
3.3 If We have to change the Order under clause 3.1(b), We will notify you as soon as reasonably practicable. You can choose to cancel the contract in accordance with clause 11.
3.4 If you wish to make a change to the Order, please contact Us. We will then 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 Goods, the timing for delivery 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.
3.5 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 12.
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please allow for extra time for deliveries to the Scottish Islands. We do not accept orders from or deliver to addresses outside the UK. Unless by prior arrangement.
4.2 During the order process, We will contact you with an estimated delivery and, where applicable, installation date, which will normally be within 28 days after the date we confirm acceptance of your Order in accordance with clause 2.4 of these Terms. This is subject to all materials required for the Order being in stock at the date of its acceptable. Our delivery to you may also be affected by an Event Outside Our Control. See clauses 9 and 11 for Our responsibilities when this happens.
4.3 If you do not collect the Goods from Us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from Us, 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 11 will apply.
4.4 Delivery of an Order shall be completed and the Goods shall become your responsibility from the time We deliver and erect the Goods to the address you gave Us or you (or a carrier organised by you) collect them from Us.
4.5 You own the Goods once We have received payment in full. Payment of the remaining balance is due when We receive the Goods on site at our business premises.
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 or Trading Standards office. Nothing in these Terms will affect these legal rights.
6.1 All Scotia Cabins BBQ cabins come with Arctic Cabins’ ten year manufacturer’s warranty (the “Warranty”). This Warranty guarantees replacement of any component parts (which includes, for the avoidance of doubt, all parts which are manufactured at Arctic Cabins) should they be found to be defective within this period. All other parts of the cabin have a warranty of 1 year. However, the Warranty does not apply in, or extend to, the circumstances described in 6.2 and/or 6.3.
6.2 The Warranty does not apply to any defect in the Goods arising from or connected to:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) your failure to operate or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of Our or Arctic Cabins’ authorised repairers; and
(e) any specification provided by you in relation to the Goods.
6.3 Timber is a natural product and prone to changes in appearance, including some movement and the occurrence of small knot holes or splits in extreme temperatures and weather conditions. Splits, knots or similar visual imperfections in the timber not affecting the structural integrity of the building will not be accepted as valid reasons for a claim under the Warranty.
6.4 The Warranty is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.1 The price of the Goods will be set out in Order. Our prices may change at any time, but price changes will not affect an Order that We have confirmed with you.
7.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
7.3 We require the Deposit to be paid at the time the Order is placed. We will not begin to manufacture of the Goods until this is paid and no contract will exist between you and Us until it has been paid (see clause 2.4). The Deposit will be non-refundable except in the circumstances described in 10.
7.4 The balance of 40% of the price becomes due when the Goods have been delivered to Our place of business in accordance with the Order.
7.5 The final payment of 20% of the price of the order is due on the day of installation. Any delayed payment will result in a £50 per day charge.
7.6 If you do not make any payment due to Us on or before the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc from time to time. 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 judgement. You must pay Us interest together with any overdue amount. However, if you dispute a payment in good faith and contact Us promptly to let Us know that you dispute it, clause 7.5 will not apply for the period of the dispute (in respect of the payment of interest only).
7.7 Should we encounter unexpected issues with installing the cabin, we reserve the right to charge accordingly, above the original quote. You will be informed of this on the day of installation and this will be added to your final payment amount.
8.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
8.2 If We are installing the Goods in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us.
8.3 We only supply the Goods for domestic and private use, and specifically designed business use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) a breach of your legal rights in relation to the Goods, including the right to receive Goods which are:
(i) as described and match information We provided to you; or
(ii) examined by you; or
(iii) of satisfactory quality;
(iv) fir for any particular purpose made known to Us; and
(v) correctly installed, where installed by Us,
(d) defective products under the Consumer Protection Act 1987.
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An 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.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
9.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 10. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 11.
10.1 You have the following rights to cancel an Order for Goods, including where you choose to cancel because We are affected by an Event Outside Our Control or We change the Order or Terms (as the case may be) under clause 3.1 to your material disadvantage:
(a) you may cancel any Order for Goods not less than 30 days before We are due to deliver the Goods to You. We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 10.1(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you; and
(c) if you cancel and Order less than 30 days before We are due to despatch the Goods to You, any Deposit paid will be non-refundable.
11.1 We may end the contract between us at any time by writing to you if:
(a) you do not make payment to Us;
(b) you do not, within a reasonable time, allow Us to deliver the Goods to you and, where applicable, install them or collect them from Us;
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods, for example, measurements and/or specification; or
(d) an Event Outside Our Control occurs and subsists for a period of 4 weeks or more; or
(e) We are no longer able to fulfil the contract, for example, due to the unavailability of stock or products from Our suppliers.
11.2 If We have to end the contract in any of the situations set out in clause 11.1, We will refund any money you have paid in advance for the Goods we have not provided, but we may deduct or charge you for reasonable compensation for the net costs we will incur where we require to end the contract as a result of your actions.
12.1 We are a company registered in Scotland. Our company registration number is SC494456 and Our registered office is at Moray House, St John Street, Perth PH1 5HQ.
12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning 01738 850203 or by e-mailing Us at [email protected].
12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Scotia Cabins Limited at Wester Greenside Farm, Newburgh Road, Abernethy, PERTH, PH2 9LJ. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
13.1 We will use the personal information you provide to Us to:
(a) provide the Goods;
(b) process your payment for such Goods; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
13.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
14.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
14.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
14.3 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.
14.4 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. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
14.5 These Terms are governed by Scottish law. You and We both agree to submit to the non-exclusive jurisdiction of the Scottish courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of England, you may also bring proceedings in England.