Terms & Conditions
Terms and Conditions for the supply of turnbullshop products
Your details
a. When you register with the turnbullshop website, you will be required to choose a contact e-mail address and password. You are responsible for all sessions and transactions taken under these details. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised.
b. If any of your details change, such as your credit card billing address, you must inform turnbullshop as soon as possible. You may update your details by signing into your account on the turnbullshop website, and update the relevant section.
Turnbullshop endeavors to meet the highest standards of respect for personal privacy information. Please see our Privacy policy for full details.
The contract between us
a. Any contract for purchases made through this website will be with Turnbullshop, whose head office is situated at 4 Oliver Place Hawick TD9 9BG.
b. Turnbullshop must receive payment of the whole of the price for the goods that you order including delivery if appropriate before your order can be accepted, and the contract formed. Once payment has been received Turnbullshop will confirm that your order has been received by sending an e-mail to you at the e-mail address you provide in your registration form. The shipment e-mail will include your name, the order number and the total price. Turnbullshop’ acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
c. Turnbullshop are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on the turnbullshop website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by e-mail. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
Withdrawal by you from the contract
If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
a. You may withdraw your order for goods at any time up to the end of the seventh working day after you have received the goods. Provided the goods have not been damaged, used or worn and no labels have been removed, you may return them in their original packaging for a refund, or exchange at your discretion. You do not need to give Turnbullshop any reason for withdrawing your order but you will be subject to a 10% handling charge on all goods returned for refund.
b. This applies to all goods except where the goods you have ordered (or the ones in relation to which you want to withdraw) are made-to-order. This does not affect your legal rights.
c. To withdraw your order you must notify Turnbullshop in writing at the address set out in the shipping & returns section of this website.
d. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because of any of the conditions set out in paragraph (a) above, you must send them back to the Turnbullshop return address at your own cost and risk, unless the goods were supplied faulty or damaged. If you withdraw your order but Turnbullshop has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to Turnbullshop at the Turnbullshop return address at your own cost and risk as soon as possible.
e. Once you have notified Turnbullshop that you are withdrawing your order, any sum debited to Turnbullshop from your credit card will be re-credited to your account as soon as possible. Turnbullshop can only refund to the same credit card used for purchase; if this has expired, refunds will be by bank transfer or cheque in Great British Pounds only.
Availability of goods you order
If Turnbullshop has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible.
Please note: we endeavour to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our website as quickly as we can to minimise disappointment. The process of updating the website when goods have sold out at promotional price can take 1 working day to update. Please note that the price the goods are offered for tender are as displayed in the Shopping Basket. Rest assured your credit card will only be debited as your order or individual items from your order are dispatched.
Multi-buy offers
Prices exclude postage and packing. Promotions apply to listed items only, which are subject to change and availability. If you choose to purchase a product from a multi-buy offer, but do not purchase enough products to qualify for the special discount, the product will be charged at the normal price.
Delivery of goods to you
a. Turnbullshop will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give Turnbullshop at the time you make your order. For goods delivered outside of the EU, the consignee (i.e the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
b. Delivery will be made as soon as possible after your order is accepted and may take between 2 and 7 weeks depending on your order. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies.
c. You will become the owner of the goods you have ordered when the goods are dispatched to you from our distribution centre.
Customs charges
If you are ordering goods for delivery outside of the EU, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Turnbullshop has no control over additional charges in relation to customs clearance. Turnbullshop recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.
Liability
This is as follows:
a. If the goods Turnbullshop delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Turnbullshop shall have no liability to you unless you notify Turnbullshop in writing at the Turnbullshop contact address of the problem within 10 working days of the delivery of goods in question.
b. If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, Turnbullshop shall have no liability to you unless you notify Turnbullshop in writing at the Turnbullshop contact address of the problem within 40 days of the date on which the goods were dispatched to you.
c. If you notify a problem to Turnbullshop under this condition, Turnbullshop’s only obligation will be, at its option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment.
d. Turnbullshop will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Turnbullshop under this condition and Turnbullshop shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
e. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Turnbullshop liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
Force Majeure
Turnbullshop shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
Invalidity
If any part of these conditions is unenforceable (including any provision in which Turnbullshop excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
Complaints
Turnbullshop operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact the Customer Service department at the following address:
Turnbullshop Customer Service Dept, 4 Oliver Place, Hawick TD9 9BG.
Governing Law
The contract between us shall be governed by and interpreted in accordance with Scottish law, and the Scottish courts shall have jurisdiction to resolve any disputes between us.
Entire Agreement
These terms and conditions, together with the current Turnbullshop website prices, delivery details and Turnbullshop contact details, set out the whole of our agreement relating to the supply of the goods to you by Turnbullshop. These terms and conditions cannot be varied except in writing signed by the owner of Turnbullshop. In particular nothing said by any sales person on behalf of Turnbullshop should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Turnbullshop. Turnbullshop shall have no liability for any such representation being untrue or misleading.
Disclaimer
The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. Turnbullshop shall not be responsible for any detrimental reliance you place on this website or its contents.
Turnbullshop is providing this site and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, Turnbullshop makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.
The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Turnbullshop howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
We make every attempt to ensure that Turnbullshop’s on-line catalogue is as accurate and complete as possible. To let you view our products in detail, and as every computer monitor is set differently, some products may display larger or smaller than their actual size. Where possible, actual sizes are detailed with each item. Colours may vary slightly both due to minor errors from reproduction and variability of displays. Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item.
Tartans in particular can vary significantly. The same tartan may be woven by more than one mill using differing dyes and thread counts (patterns), or shades may change from one batch to the next. Even the same tartan from the same mill may differ according to the weight or material. In general the heavier the weight, the larger thesett (pattern size) will be. So, for example, a kilt and tie of the same name may not match exactly.
Neither Turnbullshop nor any of its owners, employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Hyperlinks
Our website may contain hyperlinks. These hyperlinks connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Turnbullshop.
Copyright notice
All design, text, graphics and the selection or arrangement thereof are the copyright of Turnbullshop, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Turnbullshop, or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Turnbullshop is strictly prohibited.
Trade marks
Turnbullshop and Turnbull's are registered trade marks belonging to JR Exports. All other trade marks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by JR Exports in respect of the use of its or any such other trade marks, product names, titles or logos and such use may constitute an infringement of the holder's rights.
Interpretation
In these terms and conditions:-
- 'Turnbullshop' means Turnbullshop of 4 Oliver Place, Hawick TD9 9BG, any connected organisation that actually supplies goods ordered by you and any successor to its business;
- 'working day' means every day of a calendar year apart from weekends and statutory and public holidays;
- 'us' means Turnbullshop and you together; and
- 'you' and 'your' means the person ordering goods under these terms and conditions.
