Terms and Conditions of Supply
This page (together with the documents referred to on it) tells you the terms and conditions upon which we supply any of the products (Products) listed on our website at www.moredun.org.uk (together with the sites at www.moredun.ac.uk, www.pentlands.co.uk, and www.moredun-scientific.com) (each “our site”) to you. Please read these terms carefully before ordering any Products from our site. You should understand that, by ordering any of our Products, you agree to be bound by these terms and conditions.
2 Information about us
This website is operated by the Moredun Foundation ("We"). We are registered in Scotland under company number SC151865 and have our registered office at Pentlands Science Park, Bush Loan, Penicuik EH26 0PZ. Our VAT registration number is GB 663 8239 11. We are a limited company.
3 Your status
By placing an order through our site, you warrant that (i) you are legally capable of entering into binding contracts, and have full authority, power and capacity to agree to these terms; and (ii) the information detailed in your order is accurate and complete.
4 How the contract is formed between you and us
The display of Products on our website constitutes an "invitation to treat"; and your order for Products will constitute a contractual offer. No contract will exist between us unless and until we accept your order in accordance with the procedure set out below.
The following steps should be taken in order to enter into a contract to purchase Products: (i) where appropriate, please make your selection for Product options such as colour or size; (ii) you must add the Products you wish to purchase to your shopping cart by clicking the „Add to Cart‟ button for each Product; (iii) adding Products to the cart will open a separate window or tab depending on your browser; (iv) return to our site to add more Products, then return to the PayPal shopping cart to proceed to the checkout; (v) you will be transferred to the PayPal website, and PayPal will handle your payment; (vi) your PayPal receipt constitutes our initial acknowledgement; and (vii) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
Before your order is placed, you will have the opportunity of adjusting your shopping cart within PayPal. You may correct any input errors before placing your order by using the back button. We will not file a copy of these terms of sale specifically in respect of your order. We reserve the right to vary or update these terms of sale from time to time, and we cannot therefore guarantee that the version which you have agreed to will remain accessible. We recommend that you print and retain a copy of these terms of sale for future reference. These terms of sale are provided in the English language only.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products purchased from companies to whose website we have provided a link on our site will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This does not affect your statutory rights against the third party seller.
6 Consumer rights
If you are contracting as a consumer, you may cancel the contract to purchase Products at any time within seven working days, beginning on the day after you receive the relevant Products. You will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 10 below.
To cancel a contract to purchase Products, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. If you cancel a contract on this basis and do not return the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you. This does not affect your statutory rights.
7 Availability and delivery
We will use our reasonable endeavours to deliver Products on or before the delivery date set out in the order confirmation or, if no delivery date is specified, within a maximum of 30 days of the date of the order confirmation, unless there are exceptional circumstances. We will only deliver Products within the UK unless we have specifically agreed otherwise before you place your order. If you order Products for delivery outside the UK, you will be responsible for payment of any applicable import duties and taxes, and for ensuring compliance with all applicable laws and regulations of the country to which the Products are sent.
8 Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you upon the later of (i) receipt by us of full payment of all sums due in respect of the Products, including delivery charges; and (ii) delivery of the Products. We will be entitled to recover payment for Products even where ownership has not passed to you.
9 Prices and payment
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. We will seek to verify prices as part of our sales procedure. The prices on our site include VAT but exclude postage and packing, which will be added to the total amount due, as set out on our site. Postage and packing costs shown on our site relate to delivery within the UK only. Please contact us, prior to placing your order, for confirmation of the cost for delivery outwith the UK.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
Payment for all Products must be made by PayPal accounts OR credit cards/debit cards using the PayPal facility for non-PayPal account holders.
10 Our refunds policy
When you return a Product to us because you have cancelled the contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day upon which you give notice of cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
If you return a Product for any other reason (for instance because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day upon which we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11 Our liability
We confirm that any Product purchased from us through our site is of satisfactory quality and reasonably fit for the purposes for which such products are commonly supplied. All other warranties, conditions and terms implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
Our liability for losses suffered by you as a result of us breaching this agreement (including deliberate breach) is strictly limited to the purchase price of the Product purchased and any losses which are a foreseeable consequence of such breach. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which occur as a side effect of the main loss or damage, such as (but not limited to) loss of income or revenue, loss of business, loss of profits, or loss of anticipated savings.
12 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this means of communication and you acknowledge that all contracts, notices, information and communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.
13 Force majeure
We will not be liable for any failure to perform, or delay in performing, any of our obligations under any contract between us that is caused by events outside our reasonable control (Force Majeure Event). In that event, our performance under the contract shall be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to deal with the Force Majeure Event or to find a solution by which our obligations may be performed despite the Force Majeure Event.
14 General and Governing law
All notices given by you to us must be given to the Communications Manager, the Moredun Foundation, Pentlands Science Park, Bush Loan, Penicuik EH26 0PZ or email firstname.lastname@example.org.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
You may not transfer, assign, charge or otherwise dispose of any contract between us, or your rights or obligations under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any contract between us, or our rights or obligations arising under it.
If any of these terms or any provisions of any contract between us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Contracts for the purchase of Products through our site and any dispute or claim arising in connection with them will be governed by Scots law, and any dispute or claim arising shall be subject to the non-exclusive jurisdiction of the Scottish courts.
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