Terms & Conditions - Caithness Broch Project

1. Credit

1.1 Sections 1-23 of this document were created using a template from Docular (https://docular.net).

2. Introduction

2.1 These terms and conditions shall govern the sale and purchase of products through our website.

2.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

2.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

3. Interpretation

3.1 In these terms and conditions:

(a) "we" means Caithness Broch Project; and

(b) "you" means our customer or prospective customer,

and "us", "our" and "your" should be construed accordingly.

4. Order process

4.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

4.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 4.

4.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you may then create an account with us and log in; if you are an existing customer, you may enter your login details; alternatively you may checkout as a guest; you must confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; once we have checked whether we are able to meet your order, we (including our provider Printful) 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.

4.4 You will have the opportunity to identify and correct input errors prior to making your order by reviewing the basket contents (individual items and total) and shipping details.

5. Products

5.1 The following types of products are or may be available on our website from time to time: broch and Caithness-related merchandise, and other products that we choose to offer for sale to support the project.

5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

6. Prices

6.1 Our prices are quoted on our website.

6.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

6.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

6.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

6.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

7. Payments

7.1 You must, during the checkout process, pay the prices of the products you order.

7.2 Payments may be made by any of the permitted methods specified on our website from time to time.

7.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

7.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.4 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 7.4.

8. Deliveries

8.1 Our policies and procedures relating to the delivery of products are set out in this Section 8 and Section 24.

8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

8.3 Delivery within the UK is by Royal Mail second class standard service. International deliveries to Europe are by the Royal Mail standard service or International Economy. Deliveries to other areas are by International Economy - note that this is a surface mail service and can take a few weeks to arrive. See Royal Mail website for further details.

8.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation. Normally, despatch is within a few days of order receipt.

9. Distance contracts: cancellation right

9.1 This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

9.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).

9.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

9.4 If you cancel a contract on the basis described in this Section 9, you must send the products back to us (to address as specified in return correspondence) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

9.5 If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b) as otherwise provided in this Section 9.

9.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

9.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

9.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

9.9 You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:

(a) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised - note this includes items fulfilled by Printful as clearly indicated within the shop (terms in the shop web page header and individual item fulfilment noted within each product page); or

(b) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you.

10. Warranties and representations

10.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions;

(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d) you will be able to take delivery of the products in accordance with these terms and conditions.

10.2 We warrant to you that:

(a) we have the right to sell the products that you buy;

(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(d) the products you buy will correspond to any description published on our website; and

(e) the products you buy will be of satisfactory quality.

10.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.

11. Limitations and exclusions of liability

11.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a) are subject to Section 11.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:

(a) £50; and

(b) the total amount paid and payable to us under the contract.

12. Order cancellation

12.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, on time and in full, any amount due to us under that contract; or

(b) you commit any material breach of that contract.

12.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

12.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

13. Consequences of order cancellation

13.1 If a contract under these terms and conditions is cancelled in accordance with Section 12:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 2.3, 7.4, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.

14. Scope

14.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

14.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

14.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

15. Variation

15.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

15.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

16. Assignment

16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

17. No waivers

17.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

17.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

18. Severability

18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. Third party rights

19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

20. Entire agreement

20.1 Subject to Section 11.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

21. Law and jurisdiction

21.1 These terms and conditions shall be governed by and construed in accordance with Scottish law.

21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.

22. Statutory and regulatory disclosures

22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

22.2 These terms and conditions are available in the English language only.

23. Our details

23.1 This website is owned and operated by Caithness Broch Project.

23.2 We are registered in Scotland under registration number SC461601, and our registered office is at 50 Springpark Terrace, Thurso, Caithness, KW14 8NN.

23.3 Our principal place of business is at 50 Springpark Terrace, Thurso, Caithness, KW14 8NN.

23.4 You can contact us:

(a) using our website contact form; or

(b) by email, using the email address published on our website.

24. Printful Delivery

24.1 When will I get my order?

Usually, it takes 3–7 days to fulfil an order, after which it’s shipped out. The shipping time depends on your location, but can be estimated as follows:

USA: 3–4 business days
Europe: 6–8 business days
Australia: 2–14 business days
Japan: 4–8 business days
International: 10–20 business days

24.2 When will I get my order?

Our fulfilment times for all products/t-shirts/phone cases/etc.] may be longer than usual and may continue to increase until things get back to normal. We're seeing delays in our supply chain, including distributors and shipping carriers as the entire industry is grappling with challenges.

24.3 Where will my order ship from?

We work with an on-demand order fulfilment company with facilities worldwide!

24.4 Will I be charged customs for my order?

An additional customs and tax fee can occur on international orders. This fee is not in our control and is assessed by your local customs office. Customs policies vary widely for every country so please check with your local customs office directly to see if they apply duties and taxes to your purchases.

24.5 My order should be here by now, but I still don't have it. What should I do?

Before getting in touch with us, please help us out by doing the following:

Check your shipping confirmation email for any mistakes in the delivery address
Ask your local post office if they have your package
Stop by your neighbours in case the courier left the package with them

If the shipping address was correct, and the package wasn't left at the post office or at your neighbour’s, get in touch with us at contact@thebrochproject.co.uk with your order number.

If you did find a mistake in your delivery address, we can send you a replacement order, but shipping will be at your own cost.

25 Orders

25.1 How are your products made?

We work with a print-on-demand drop shipper. They have locations worldwide, so depending on where you are, your orders are printed and shipped from the facility that can do it most efficiently!

25.2 How do I track my order?

You’ll receive a tracking link via email when your Printful order ships out. If you have any questions about your tracking or shipment, drop us a line at contact@thebrochproject.co.uk.

25.3 I received a wrong/damaged product, what should I do?

We’re so sorry if the product you ordered arrived damaged. To help us resolve this for you quickly, please email us at contact@thebrochproject.co.uk within a weeks' time with photos of the damaged product, your order number, and any other details you may have about your order. We’ll get back to you with a resolution as soon as possible!

26 Returns

26.1 What’s your return policy?

We don’t offer returns and exchanges on products from Printful (see section 9.9 of our T&Cs above), but if there’s something wrong with your order, please let us know by contacting us at contact@thebrochproject.co.uk including photographs or a link to photographs of the fault.

26.2 Do you offer refunds?

Refunds are only offered to customers that receive the wrong items (i.e. not what was ordered) or damaged items. If any of these apply, please contact us at contact@thebrochproject.co.uk with photos of wrong/damaged items and we’ll sort that out for you.

26.3 Can I exchange an item for a different size/colour?

At this time, we don't offer exchanges. If you’re unsure which size would fit better, check out our sizing charts—we have one for every item listed on our store, in the product description section. Though rare, it's possible that an item you ordered was mislabelled. If that’s the case, please let us know at contact@thebrochproject.co.uk within a week after receiving your order. Include your order number and photos of the mislabelled item, and we’ll send you a new one, or issue a refund!

27. Return Policy

Any claims for misprinted/damaged/defective items must be submitted within 4 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. Claims deemed an error on our part are covered at our expense.

Wrong Address - If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you.

Unclaimed - Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment.

We do not accept returns of sealed goods, such as but not limited to face masks, which are not suitable for return due to health or hygiene reasons. You hereby agree that any returned orders with face masks won’t be available for reshipping and will be disposed of.

Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:

1. the supply of goods that are made to the consumer's specifications or are clearly personalized;

2. Sealed goods which are unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons.

We, therefore, reserve the right to refuse returns at our sole discretion.

This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

Terms & Conditions of Sale