These Terms and Conditions of Sale (“Terms of Sale”) are the terms and conditions on which St Andrews Links Trust, a registered Charity (registered charity number SC006161 with its registered address at Pilmour House, St. Andrews, Fife, KY16 9SF, Scotland, (“we/us/our” as may be appropriate) agrees to sell Products (as hereinafter defined) to a customer (“you”) via the website www.standrews.com (the “Website”).
We recommend that you save a copy of these Terms of Sale for future reference. These Terms of Sale were last updated on 16 May 2014.
NOTHING IN THESE TERMS OF SALE AFFECTS YOUR STATUTORY RIGHTS.
Terms of Sale
1. Purchasing Products
Any purchase of personalised cards, canvases, prints and photo-books (“Products”) which we supply to you through the Website is subject to these Terms of Sale. Please read the Terms of Sale carefully and ensure that there is nothing that you are not prepared to agree to before ordering any Products through the Website. In placing an order for any of our Products, you agree to be bound by the Terms of Sale.
2. Supply of Products through the Website
2.1 By placing an order through the Website you confirm that you are legally capable of entering into binding contracts and that you are at least 18 years old.
2.2 The prices for Products are in pounds sterling inclusive of VAT (where applicable), but exclusive of applicable delivery charges, which are detailed in our Dispatch and Shipping section below. If a delivery charge applies to your order you will be notified both during the transactional element of the ordering process and again in the Order Acknowledgement Email (defined at clause 3.2) we send to you. Prices, offers and Products are subject to availability and may change at any time prior to our dispatching your order and taking payment from you.
2.3 The placing of a Product on the Website is an invitation to accept offers for Products and is not an offer to sell at the listed price, nor is it binding on us. We are under no obligation to accept your order.
2.4 Whilst we take all reasonable care to ensure the accuracy and completeness of the information on the Website and that all details, images and descriptions of Products are correct at the time that the information is put onto the Website, the Website is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of the Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
3. Order Acceptance
3.1 Orders are submitted via the Website in the following way:
3.1.1 You must create, preview and add the Product you wish to purchase to your virtual shopping cart and then proceed to the checkout section of the Website.
3.1.2 Once you have completed compiling your order you will be asked to confirm that it is correct. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order. It is your responsibility to ensure that your order is correct before submitting it to us.
3.1.3 In the event that the uploaded imagery for use on the Products is of a poor resolution, a warning will be given to you prior to you proceeding to checkout. You may, at your option:
184.108.40.206 replace the image with a higher resolution image; or
220.127.116.11 ignore our warning and proceed to checkout using the low resolution image.
3.1.4 If, upon examination, we consider that use of your uploaded imagery (whether the subject of a warning under clause 3.1.3 or not) might result in a poor quality reproduction when printed, we will send you an email notifying you of this.
3.1.5 On receipt of the email detailed at clause 3.1.4, you have 48 hours to:
18.104.22.168 submit alternative imagery of sufficiently high resolution; or
22.214.171.124 proceed with the order unaltered; or
126.96.36.199 cancel the order.
3.1.6 In the event that we do not hear from you within the 48 hour period mentioned in clause 3.1.5, we will proceed with the order unaltered.
3.1.7 We accept no liability for any dissatisfaction relating to the quality of the imagery on Products if a warning is given under clause 3.1.3 or 3.1.4.
3.2 After you have submitted your order to us, we will process the payment details you have given us to take payment for your order, and you will then receive an email from us acknowledging your order (“Order Acknowledgement Email”).
3.3 You should check the Order Acknowledgement Email for accuracy and let us know immediately if there are any errors. That email does not constitute acceptance of your submitted order.
3.4 Your order will be accepted by us and the contract formed between us 48 hours after:
3.4.1 we send an Order Acknowledgement Email to you; or
3.4.2 we send an email to you as described in clause 3.1.4,
whichever is later.
3.5 Once the Products have been manufactured, a final check will be carried out by us for quality control and compliance purposes prior to the Products being dispatched to you. In the event that the Products fail such checks for quality control reasons and you have already explicitly instructed the order to proceed under clause 188.8.131.52 or by default under clause 3.1.6, we will dispatch the Products. Otherwise, we will email you about any compliance concerns or irremediable quality control issues. Such matters will be dealt with on a case by case basis.
3.6 We will make reasonable efforts to resolve any challenges which arise in respect of your order but make no warranty that we will be able to complete your order. In the event that we are unable to complete an order, we will refund any money paid to you in accordance with clause 7.2.
3.7 Title will pass on delivery of the Product to you, provided that we have processed and received payment in full for the Product.
4. Commercialisation and Images
4.1 The Products are for your own private use and may not be used (under any circumstances) for profit, marketing, or any other commercial purposes. In particular, no logo, trade mark, trade name or slogan may form part of the image(s) which form(s) part of the Products.
4.2 In the event that you make use of Products for a commercial purpose, we may pursue any legal action available to us to ensure that the offending Products are removed from the marketplace and that we are indemnified against any and all financial loss suffered, together with any damage to our reputation.
4.3 By submitting an order for Products, you warrant that you hold all the intellectual property rights in the image(s). In the event that a third party raises a claim against us on the basis of a breach of that third party’s intellectual property rights, you agree to indemnify us against any loss we suffer relating to this breach.
4.4 You may not upload any image to be used on any Product which might reasonably be considered to be offensive, immoral or might, in our sole opinion, damage the reputation of St Andrews Links Trust.
5. Your right to cancel
Please note that once the contract is formed between us, you cannot change the order or cancel it. This is because the right to cancel for convenience does not apply to Products as they have been customised for you. No refunds will be given in respect of orders for Products where you decide to cancel your order on a “no-fault” basis. Unless otherwise agreed between us, what shows on the 'preview' is what is printed on the Product. To cancel, please notify us by telephone or in writing (preferably e-mail to firstname.lastname@example.org).
6. Returns Policy
6.1 Where you wish to return a faulty or damaged Product to us, you must attach a return label and send the package to “Customer Services St Andrews Links Trust, The Morris Building, St Andrews, Fife, KY16 9SF, marked for the attention of: Returned Goods.
6.2 If the Products are faulty or damaged on delivery, we will meet the cost of return, and at your option replace or refund you for the price paid including the delivery charges of any such Products.
6.3 You have a legal obligation to take reasonable care of the Products which you return while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.1 On proper return of faulty or damaged Products, we will make a refund to you of the full value of the payment made to us, including delivery charges.
7.2 All refunds will be made within 30 working days and where Products have been dispatched to you on receipt of the returned, damaged or faulty Products to us.
8. Rights of Third Parties
A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms.
These Terms of Sale are governed by the laws of Scotland and the courts of Scotland will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.
10. Use of your personal information
11. Questions or Complaint Process
Should you have any question or if you want to make a complaint please email our Customer Service team at email@example.com or via telephone on +44 (0)1334 466737 (Monday to Friday 9 a.m. to 5 p.m.).
12. Dispatch and Shipping
12.1 Provided we have received an accurate physical delivery address from you, we will aim to deliver Products to you by the date set out in the acknowledgement of order email we send to you or, if no date is specified, within 14 days of the date of the acknowledgement of order email we send to you. If the address is incorrect, any Products that you order may be delayed or may not arrive at all. If we cannot deliver Products within the time specified we will inform you in advance and provide you with an alternative estimated period of time for delivery.
12.2 You should notify our customer services team within 14 days of receiving the Products if any of the Products are missing or damaged.
12.3 We endeavour to dispatch all orders as soon as they are ready.
12.4 Deliveries can take up to 3 working days for delivery within the UK, up to 5 working days for all other EU member states and up to 10 working days for any other country.
The shipping charges are as detailed in the Golf Shops Terms and Conditions, available at www.standrews.com/Legal.