Loch Ness Ferry Company Limited Online Terms and Conditions

INTRODUCTION
Loch Ness Ferry Company Limited is a Scottish Registered web-based family owned and run business. We have been serving our customers since 1995 when we began running boat and ferry services on Loch Ness in the Highlands of Scotland. With our outdoor clothing business we aim to provide our customers with a carefully selected range of high quality products, help and advice, and great value for money. As a company we aim to provide exceptional customer service as we believe this is the key to strong customer loyalty and satisfaction. Through our advice service our aim is to provide a high level of expertise and product knowledge to help customers to choose the best solution for their needs. We have been advised that in the modern business world we need carefully to lay out detailed terms and conditions but let us reassure you that our aim is exceptional customer satisfaction and hassle free solutions to any problems. We try our best to offer internet shopping with a personal touch.

These Terms and Conditions do not affect your statutory rights as a consumer.

CONTACT DETAILS:
Address:
Loch Ness Ferry Company Ltd
Bedlam Cottages
32 High Street
Croydon
Royston
Hertfordshire
SG8 0DP
UK

E-Mail: [email protected] This is our preferred way for you to contact us. We aim to reply within 24 hours but please bear with us if exceptionally we take a little longer.

Telephone: As a web based trading company if at all possible please use e-mail to contact us. If you do want to talk with us on the telephone and we are not available then please leave a message and we will get back to you as soon as possible. The number to call is 07730 334734 or 01223 207428.

DEFINITIONS
• “Buyer” means the individual or organisation that buys or agrees to buy the Goods from the Seller”.
• “Seller” means www.lochnessferrycompanyclothing.co.uk. Contact [email protected] and further details as above. Contact Details above.

• Registered Office SC150379: c/o Calum Duncan, Corporate Consultants, 3 Attadale Road, Inverness, Inverness-shire, Highland, Scotland, IV3 5QH

• “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
• “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
• “Goods” means the articles that the Buyer agrees to buy from the Seller
• “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

TERMS AND CONDITIONS – GENERAL
• The Terms and Conditions listed below apply to the sale and purchase of goods between you (the Buyer) and Loch Ness Ferry Company Ltd (the Seller).
• These Terms and Conditions do not affect your statutory rights as a consumer.
• These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
• By ordering any product from the Seller, the Buyer is accepting these Terms and Conditions.
• Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
• These Terms and Conditions can be changed without any prior notification and it remains the responsibility of the customer to be familiar with them prior to placing an order.
• The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
• If you are purchasing clothing for use in a work related environment and you believe you require a Certificate of Conformity please inform us and we will be happy to pass on your request to the appropriate manufacturer for their response.
• The clothing that Loch Ness Ferry Company Ltd sells may be used in outdoor pursuits. It is the customer’s responsibility to consider their own safety in the outdoors and they should always seek appropriate advice before venturing out.

RIGHTS OF SELLER
• The Seller reserves the right to adjust the price, specification and image of any item on the Website at its discretion. Whilst every effort will be made to supply Goods in accordance with the specifications and images shown on the Website, as a result of manufacturers’ modifications, the Company reserves the right also to modify specifications, images, designs and materials where such modifications do not materially affect the quality or fitness for purpose of the Goods as supplied and specified by the manufacturers.
• The Seller reserves the right to withdraw any goods from the Website at any time.
• The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

1. Orders and Pricing
• All orders are subject to the Seller’s approval and product availability.
• Every endeavour will be made to ensure that the prices of products are correct at the time of publication on our website.
• If there has been a pricing error of goods that you have ordered you we will be informed as soon as possible. You will be able to either cancel your order or reorder it at the correct price. If we are unable to contact you we will cancel your order. Any payments which have already been made will be refunded. All goods advertised on this site are simply an invitation to the customer to make an offer to purchase goods from us. Acceptance of offers to purchase goods only takes place when the relevant goods are despatched by Loch Ness Ferry Company Ltd and not before. The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT where applicable. The Price excludes delivery charges (if applicable).
• The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
• The Seller reserves the right to change prices on its website without prior notification.
• When an order is submitted, the Buyer will be sent an e-mail confirming the order. It will confirm the contact details, the products requested, the final cost (including VAT and delivery expenses), delivery and invoice details, the existence of the statutory right of cancellation.
• All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason
• Where the Goods ordered by the Buyer are subject to a despatch delay of 5 working days or more the Buyer shall be notified. At this juncture the Buyer has the options to either wait until the Goods are available, order an alternative or cancel the order and receive a full refund, in which case this will be made within 7 days.
Responsibilities of the Buyer
• It is the responsibility of the Buyer to ensure that all information given on the order form is complete and accurate.
• Where information given by the Buyer is incomplete, misleading or incorrect the Buyer will be liable for any costs involved in resolving the matter.

2. Deliveries
• Deliveries will be made at the Seller’s risk by a carrier nominated by the Seller.
• Goods will normally be dispatched within 24 hours from stock using a royal mail recorded service. If goods are not in stock we will make every effort to satisfy the order within 5 working days. We aim for all orders to be dispatched within 5 working days, although up to 28 working days should be allowed in exceptional circumstances.
• The Seller shall use its reasonable endeavours to meet the 28 days maximum delivery timescale. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
• Where there is doubt over any of the details or information supplied by the Buyer when ordering goods, the Seller may choose to contact the Buyer for confirmation or validation of these details before any Goods are dispatched.
• If the Seller cannot deliver the goods to you within the timescales stated then the Seller shall endeavour to contact the Buyer as soon as possible with an update. If the Buyer is not satisfied, then the Seller shall offer a full refund.
• Please note that dates quoted for delivery of goods are estimates only.
• Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
• The Seller will not accept any responsibility for any failure to deliver goods or delay, damage or defect caused in doing so if the circumstances were beyond its reasonable control.
• Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

3. Statutory Rights
• The statutory rights of the Buyer as a consumer in the United Kingdom will not be affected by these Terms and Conditions.
• As a consumer, the Buyer has the statutory right within the United Kingdom to cancel their order and return any goods ordered in exchange for a refund.
• This statutory right of cancellation starts on the date that the order is submitted and expires within fourteen working days beginning on the day after the day on which goods are received. This includes the Seller’s obligation to refund the Buyer within 30 days of cancelling their order.

4. Warranty
• The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

5. Returns Policy, Faulty Goods and Complaints
• The Buyer has, in addition to other rights, the right to cancel the Contract and receive a refund by informing the Seller within 14 working days of receipt of the Goods by email at: [email protected]

• The Seller can only accept returns if the Buyer:
• Ensures the Goods are securely and safely packaged for return
• Encloses the original purchase receipt
• Returns all original packaging and labelling
• Ensures the product is in new and unused condition (apart from warranty returns).

• When returning items to the Seller it is the Buyer’s responsibility to ensure that the items arrive safely. The Seller cannot accept any responsibility for items lost in the post, therefore it is recommend that recorded, special delivery or alternatively a courier is used, so that the Buyer is covered in the event of a missing parcel.
We aim to operate a hassle free returns policy.

Cancellation between despatch by the Seller and receipt by the Buyer
• If cancellation occurs before despatch of Goods all monies will be refunded
• If the Buyer cancels the order between despatch and receipt of the Goods, the Goods must be returned together with all packaging and labelling to the Seller within 14 days of receipt.
• It is the Buyer’s responsibility to adequately insure the Goods for the return journey. Advice can be provided by the Seller before the Goods are returned.
• The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges and return postal charges), provided that they are unworn and undamaged, within 30 days of cancellation.

Returns – Damaged or defective goods
• The Buyer shall inspect the Goods immediately upon receipt. If an item is damaged on delivery, the Buyer should not sign for the item and the courier will return it to us.
• If the Goods are damaged or do not comply with any of the Contract, the Buyer shall notify the Seller by email within 14 working days of delivery at: [email protected]
• Any replacement items will be sent at no extra charge to the Buyer.
• If the Buyer fails to notify within 14 working days then the Buyer shall be deemed to have accepted the Goods

Other Returns
• If the Buyer is not completely satisfied with the Goods they should be returned to the seller within 14 days of receipt. The Buyer should also notify the Seller by email at: [email protected]

• Goods should be adequately insured during the return journey to protect the Buyer from loss or damage in transit. Advice can be provided by the Seller before the Goods are returned.
• On safe receipt of goods the Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges, if any, and return postal charges), provided that they are unworn and undamaged, within 30 days of cancellation.

Incorrectly ordered goods
• Goods that are incorrectly ordered (e.g. alternative size/colour, otherwise identical Goods are required) must be returned by the Buyer and should be adequately insured during the return journey. The Buyer should also notify the Seller by email at: [email protected]

• The Buyer will receive replacement Goods within 30 days, provided that the original Goods are unworn and undamaged on receipt by the Seller.
• As a gesture of goodwill, Loch Ness Ferry Company will despatch such replacement Goods free of delivery charges to the Buyer for the first replacement.
• Any subsequent replacement of incorrectly ordered goods will be subject to the normal delivery charges in operation at that time.
Incorrect items sent
• If Loch Ness Ferry Company sends the Buyer an incorrect item, please notify us by email at: [email protected] and return it using a returns form.
• Please return the Goods with all labelling and must be adequately insured for the return journey. Advice can be provided by the Seller before the Goods are returned.
• Loch Ness Ferry Company Ltd will refund postal charges that the Buyer incurs sending incorrect items back, and will refund or replace the goods.

Warranty Returns
• All products are guaranteed against failure due to defective workmanship or materials.
• All products are guaranteed for at least one year from the original invoice (unless otherwise stated) and excludes faults caused by accident, neglect, wear and tear or misuse
• Where a claim of defect is made within the warranty period, prior to returning the goods the Buyer must obtain a returns reference number from the Seller by email at: [email protected]
• Goods must then be returned by the Buyer to the Seller (in some cases alternative instructions will be given) and should be adequately insured during the return journey.
• If the goods are uninsured and damaged during return transit then the cost of repairs will be deducted from the Buyer’s account.
• Loch Ness Ferry Company Ltd will then return the goods to the appropriate manufacturer for inspection. Please note that investigations into faults can take some time, as goods may have to be sent to the manufacturer.
• If the Goods are accepted as being defective by the original manufacturer, the Buyer shall be entitled to a full refund or replacement, (including delivery costs) plus any return postal charges.
• If the goods are not deemed defective by the manufacturer, they will be returned to the Buyer. The final decision on warranty returns rests with the manufacturer.
• Goods to be returned must clearly show on the package the returns reference number obtained.
• Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage and the buyer will be informed of the repair costs before agreeing to proceed.

Once a returns reference number has been obtained, the Goods should be sent, if possible with a copy of the original receipt to:
Loch Ness Ferry Company Ltd
Customer Returns
Bedlam Cottages, 32 High Street
Croydon, Royston
Hertfordshire
SG8 0DP UK

6. Safety Warning & Disclaimer
• The clothing that Loch Ness Ferry Company Ltd sells may be used in outdoor pursuits.
• It is the customer’s responsibility to consider their own safety in the outdoors and they should always seek appropriate advice before venturing out.

7. General Terms
• If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
• No waiver of any right or breach by Loch Ness Ferry Company Ltd under these Terms and Conditions shall be effective unless in writing and signed by an authorised person of Loch Ness Ferry Company Ltd. Any such waiver shall not be construed as a waiver of any other right or breach.
• The Customer shall not assign the terms of the contract to purchase goods from Loch Ness Ferry Company Ltd (as constituted by these Terms and Conditions as accepted by you) (the “Contract”) without the prior consent of Loch Ness Ferry Company Ltd. Loch Ness Ferry Company Ltd shall be entitled to assign and sub-contract the terms of this Contract without the consent of its customers.

8. Governing Law & Jurisdiction
• The construction, validity and performance of these Terms and Conditions shall be governed by the Law of Scotland and the Scottish Courts shall have non-exclusive jurisdiction in any disputes between you and Loch Ness Ferry Company Ltd.

9. Age of Consent
• Where certain Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
• If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

10. Limitation of Liability
• Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

11. Waiver
• No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future

12. Force Majeure
• The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

Last Updated: 18/01/2022