Terms of Service
1.1. www.strathberry.com (the "Website") is owned and operated by Strathberry Limited ("Strathberry/our/we/us"). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website or through any Applications (as defined below), you can contact us at:
Strathberry Limited, 4 Walker Street, Edinburgh, EH3 7LA, United Kingdom
VAT number: 137 4914 01
Registered in Scotland
Company Number: SC421815
1.2. These terms and conditions were last revised on 4th July 2016.
2. USE OF WEBSITE
2.1. These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the "Terms") apply to your use of and access to the Website and any other website or application permitting you to place an order with Strathberry for any products and services (such websites and applications being the “Applications” for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or Applications. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or the Applications you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing this Website and all Applications immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website or the relevant Application. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.
2.2. Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
2.3 You agree that the information you provide when using the Website is not misleading, and is true and accurate in all respects and you will notify Strathberry of any changes to that information.
2.4. We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
2.5. The Website may include links to other websites or resources ("Linked Websites"). Strathberry has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, Strathberry is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore, Strathberry will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
2.6. Strathberry may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
2.7. Any material that you upload to the Website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
2.8. Strathberry will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to Strathberry for and indemnify Strathberry and keep Strathberry indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Strathberry as a result of any claim in respect of your use of the Website.
2.9. Strathberry has the right to remove any material or posting you make on the Website.
3. PURCHASE OF PRODUCTS
3.1. ACCEPTANCE OF ORDERS
3.1.1. All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order ("Products") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
(a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorisation of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product ; or
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services.
3.1.2. After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of the delivery you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of (a) a contract of sale of the Products between you and us and (b) a contract for delivery services between you and us will not take place until the Products have been despatched by our delivery partner on your behalf pursuant to your delivery contract with us. After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
3.1.3. When placing an order for the first time, you may be offered the option to open an account with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the My Account section of the Website ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us at email@example.com immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
3.1.4. In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket are not reserved and may be purchased by other customers.
3.1.5. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
3.1.6. You will be charged for products when they have been despatched by our delivery partner on your behalf.
3.1.7. Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, measurements, fabrics and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects.
3.2.1. All prices of Products on the Website are the price for the Products only. They include any VAT or other sales tax payable. We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however please see Section C 2.4 below. Prices do not include the charge to you for delivery, if any. Find out more about delivery here.
3.2.2. We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Website, subject to our right to refuse an order, we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the product has not been shipped.
3.2.3. Strathberry may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Shipping Confirmation.
3.2.4. Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
3.3. PAYMENT TERMS
3.3.1. The total cost of your order will be the purchase price for the Products (which you pay to us) plus any delivery charges. Find out more about delivery here.
3.3.2. More information about the payment methods that we accept can be found here.
3.3.3. Please note that we accept payment in Pounds Sterling, United States Dollars and Chinese Renminbi
3.3.4. You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorization by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
3.3.5. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the Product(s) being located in the United Kingdom.
3.3.6. If your credit/debit card or payment method is not denominated in Pounds Sterling, United States Dollars or Chinese Renminbi the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other Pounds Sterling, United States Dollars or Chinese Renminbi.
3.4.1. Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
3.5. DELIVERY, TITLE AND RISK
3.5.1. We do not currently deliver Products, but our delivery partners do. Orders will be sent to the delivery address that you have given on your order form. Neither we nor our delivery partner can be held responsible if that delivery address is incorrect or incomplete. Please note that our delivery partner does not deliver to PO boxes. Please note that there may be restrictions on the locations to which our delivery partner delivers Products purchased from the Website. Delivery restrictions will be clearly marked on the individual product page.
3.5.2. Providing your order has been accepted by us, your order shall be processed by us and our delivery partner will endeavour to dispatch your order in accordance with the estimated delivery times set out in the Delivery information here or as otherwise specified in the checkout process as you submit your order. There may be restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions but this may not be possible until we have received your order. Orders received after any specified “cut off” or “last order” time or received on a day that is not a working day (that is any day on which the banks are open for business in Scotland which is not a Saturday or a Sunday, will be processed on the next working day). Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified.
Your sole remedy for any failure by our delivery partner to dispatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.
3.5.3. Title in the Products will pass to you on the later of: -
(a) the date on which we receive payment in full for such Products; and
(b) the date and time of dispatch of such Products by our delivery partner on your behalf for delivery to your nominated address.
3.5.4. (a) Subject to paragraph (b) below, once a Product has been dispatched by our delivery partner on your behalf, all risk of damage to, or loss of, the Product shall pass to you. However, we make certain provisions protecting you until such time as our delivery partner delivers the Product(s) to you.
(b) If you have selected a shipping destination in Korea, once a Product has been dispatched by our delivery partner on your behalf, risk of damage to, or loss of, the Product shall be the risk of Strathberry Limited and our delivery partner jointly. Once you have received the product, all risk of damage in or loss to the Product shall pass to you.
3.5.5. We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
3.5.6. As part of the ordering process, you will contract for a supply of goods by Strathberry and a separate supply of delivery services from our delivery partner. Monies due from you to our delivery partner will be collected by Strathberry and passed to our delivery partner on your behalf. Upon placing an order, you will receive various emails and paper documents in relation to your order. In respect of each of these and any other similar emails or paper documents, please note that references to shipping, handling and any other similar terms relate to the services performed by our delivery partner. For administrative ease, you will not receive separate documents or email confirmations from Strathberry.
3.5.7. In the event that a Product is subsequently imported into a country other than the country to which our delivery partner delivered the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
3.6.1. Should you wish to return any Products, you may only do so in accordance with our Returns policy here. This Returns Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (“Regulations”). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
3.6.2. Where you return a Product under the Regulations we will issue you with a full refund but you will need to return the Product at your own cost (if you have already received the Product), unless otherwise specified in our Returns Policy. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, Strathberry shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.
3.6.7. Please note that you will not be entitled to return personalized or monogrammed Products. This does not affect your statutory rights.
3.7. AGE REQUIREMENTS
3.7.1. If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
4.1. INTELLECTUAL PROPERTY
4.1.1. All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website (the "Content"), is either owned or licensed by Strathberry, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
4.1.2. The "Strathberry" trade mark as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of Strathberry and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
4.1.3. All other intellectual property rights (including, without limitation, registered or unregistered trademarks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the "Intellectual Property Rights") are and shall remain the exclusive property of Strathberry and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
4.1.4. Limited License
Subject to the terms herein, we grant you a revocable, and non-exclusive license to access and make personal use of the Website limited such that it does not include the right to:
(a) use the Website in any way that may prejudice or damage the reputation of Strathberry;
(b) use the Website for any commercial or business purposes. The Website is for your personal use only;
(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
4.1.5. Strathberry may terminate the limited license set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
4.2.1. Strathberry endeavours to ensure that the information posted by it on the Website is accurate and complete. Strathberry does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Strathberry does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Strathberry recommends that all users of the Internet ensure they have up to date virus checking software installed.
4.3. EXCLUSION OF WARRANTIES
4.3.1. This Section does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
4.3.2. SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRATHBERRY DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
4.4. LIMITATIONS OF LIABILITY
4.4.1 Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; (iii) under Section 2(3) of the Consumer Protection Act 1987; or (iv) for any other liability which cannot be limited or excluded by applicable law.
4.4.2. We will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
(a) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
(b) loss of goodwill or reputation; or
(c) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
4.4.3. The aggregate liability under these Terms of Strathberry whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from Strathberry.
This section does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
4.5. DATA PROTECTION
4.6. ASSIGNMENT, SUBCONTRACTING ETC
4.6.1. We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
4.7. AMENDMENTS TO THESE TERMS
4.7.1. We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
4.8. EVENTS BEYOND OUR REASONABLE CONTROL
4.8.1. Strathberry will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
4.9.1. Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
4.10. GOVERNING LAW AND JURISDICTION
4.10.1. These Terms and all transactions relating to the Website are governed by Scottish law and you, and we, hereby submit to the non-exclusive jurisdiction of the Scottish courts.
4.11. ENTIRE AGREEMENT
4.11.1. These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
4.11.2. We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
4.11.3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
4.12. WRITTEN COMMUNICATIONS
4.12.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, 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 the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other 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.
4.13.1. All notices given by you to us must be sent to Strathberry at 11 Rutland Square, Edinburgh, EH1 2AS, United Kingdom or 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, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
4.14.1. If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
4.14.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
4.14.3. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
4.15. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
4.15.1. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.