The Highlands Store
CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
Terms & Conditions
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by The Highlands Store, whose registered office is at 73-77 Regent st., London, W1B 4EF.
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier as received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis priced or cleared funds are not received.
1.4 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance or job order the Supplier discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confir- mation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you ordebited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4. Postage, Packing and Delivery:
4.1 Delivery in The UK
4.1.1 There is a standard postal charge of £5.99 for UK destinations. A signature will be required at time of delivery.
4.1.2 Delivery charges are as outlined above and we will assume your acceptance of the charged stated.
4.1.3 All postage charges are not refundable, except in the case of faulty items that need to be exchanged.
4.2 Fail Delivery
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.2.1 store the goods until actual delivery and charge you for reasonable costs (including insu- rance) of storage; or
4.2.2 sell the goods at the best readily obtainable price and (after deducting all reasonable sto- rage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.2.3 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in re- trieving the goods as a result of such failure.
4.2.4 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.2.5 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
5. Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account. 5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Returns and Refunds Policy
6.1 All Barbour products are sent in the knowledge that they are of the finest quality associated with Barbour’s own Quality Control standards. In the unlikely event of any product being faulty it can be returned to us. If any complaint is upheld postage costs in returning the product to us will be refunded in full and a replacement despatched post free.
6.2 Should any item(s) require exchange (colour, size, etc.) which is / are not faulty the ensuing exchange will be subject to postage, charged at cost. Return postage charges will be the responsibility of the customer.
6.3 Should you wish to return product due to ‘change of mind’ we will refund the cost of the product in full. Please ensure that products are in mint unused re-saleable condition with all supplied guarantee and product swing tickets. In these circumstances return postage will be the responsibility of the customer. Please ensure that recorded delivery is used for returns as we cannot accept responsibility for parcels that go missing.
7. Payment details
Our preferred method of payment is by credit or debit card. We can accept the following:Visa Credit, Visa Debit, Mastercard, Maestro, American Express, Switch, Solo. Your card will not be charged until despatch of your order.
7.1 For Made to Measure and alteration services for new Barbour jackets your card will, however, be charged prior to delivery as such items are individually made and non returnable to stock.
7.2 Payment by cheque is also welcome but despatch will be delayed by up to 5 days awaiting clearance.
7.3 Payment by Bank Transfer is also available – please ask for details.
7.4 Credit card payments by fax, post or e-mail will only be processed by senior authorised staff. A copy of a card transaction slip will be forwarded to you without exception. Transactions over the internet are additionally secure as they are transmitted via a secure server. Once a transaction has been completed card details are permanently deleted from our computers.
7.5 Orders which require delivery other than to the cardholder’s address MUST include both the cardholders and delivery addresses.
7.6 We cannot accept card orders where contact number is a mobile or cell phone or without an
email address.
8. Stock Availability
8.1 Where your ordered items are in stock we aim, on all occasions, to despatch same day as order – deadline 4:00 pm BST.
8.2 Whilst we endeavour to carry stock of all products within the Barbour range we cannot ensure permanent availability of every line. Should we be out of stock of any product we will inform you of realistic lead times, based on availability from Barbour .
9. Warranty
9.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
9.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration or repair carried out without the Supplier´s approval.
9.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the enotes section of the webiste within 14 days.
9.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the enotes section of the website, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you.
11. Images
Product images are for illustrative purposes only and may differ from the actual product. These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.