Terms of Service
1. INTRODUCTION
1.1. scotlandbags.com (the “Website”) is owned and operated by ScotlandBags Inc. (“ScotlandBags/our/we/us”). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website or through any Applications (as defined below), you can contact us through the Website.
1.2. These terms and conditions were last revised on a recent date.
2. USE OF WEBSITE
2.1. These terms and conditions and any other policies referred to in these terms and conditions (together the “Terms”) apply to your use of and access to the Website and any other website or application permitting you to place an order with ScotlandBags for any products and services (such websites and applications being the “Applications” for the purpose of these Terms). By accessing this Website and/or the Applications you agree to these Terms. If you do not agree to these Terms, you must cease using and accessing this Website and all Applications immediately. The Terms may be changed and updated from time to time.
2.2. You agree that the information you provide when using the Website is not misleading, and is true and accurate in all respects and you will notify ScotlandBags of any changes to that information.
2.3. We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
2.4. The Website may include links to other websites or resources (“Linked Websites”). ScotlandBags has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, ScotlandBags is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including any goods or services available from such Linked Websites.
2.5. ScotlandBags may deny you access to the Website at any time in its sole discretion, including where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party.
2.6. Any material that you upload to the Website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose.
2.7. ScotlandBags will not be responsible for the content or accuracy of any materials posted by you or any other user of the Website, and you hereby agree to indemnify ScotlandBags against all costs, damages, expenses, losses and liabilities incurred as a result of any claim with respect to your use of the Website.
2.9. ScotlandBags has the right to remove any material or posting you make on the Website.
3. PURCHASE OF PRODUCTS
3.1. ACCEPTANCE OF ORDERS
3.1.1. The information on the Website is not an offer, but an invitation to make an offer. You agree that your order is an offer to purchase the products listed in your order (“Products”) from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever, including if products are shown but not available, or if we are unable to obtain authorization of your payment.
3.1.2. After submitting an order to us, we will send you an order acknowledgement email. Acceptance of your order and the formation of a contract of sale will not take place until the Products have been dispatched by our delivery partner.
3.1.3. When placing an order for the first time, you may be offered the option to open an account with us. We may provide you with identifications and passwords for secure access (“Secure Access”). You shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times.
3.1.4. In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost.
3.1.5. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
3.1.6. You will be charged for products when they have been dispatched by our delivery partner on your behalf, except in the case of placing a pre-order.
3.1.7. Variations in manufacturing processes and display properties may mean that the colors, measurements, fabrics and designs of the Products displayed and the Products delivered may differ in minor respects.
3.2. PRICES
3.2.1. All prices for Products listed on the Website are for the Products only. Prices do not include shipping or delivery charges, which may be added at checkout. Applicable sales tax will be calculated and added based on your shipping address and applicable tax laws.
3.2.2. We endeavor to ensure that all pricing information on the Website is correct. If a Product’s correct price is lower than stated, we will charge the lower amount. If a Product’s correct price is higher than stated, we will contact you and ask whether you wish to proceed at the correct price or cancel your order.
3.2.3. ScotlandBags may vary the prices of Products listed on the Website at any time but such changes will not apply to Products for which you have been sent a Shipping Confirmation.
3.3. PAYMENT TERMS
3.3.1. The total cost of your order will be the purchase price for the Products plus any sales tax and delivery charges.
3.3.2. Information about accepted payment methods can be found on the Website.
3.3.3. Please note that we accept payment in the local currency.
3.3.4. You confirm that the payment method being used is yours and that all details you provide are correct. All payment account holders are subject to validation checks and authorization by the payment method provider.
3.3.5. We are not responsible for any charges applied by your payment method provider as a result of our processing of your payment.
3.4. INVOICING
3.4.1. Where required by applicable law, we reserve the right to issue electronic invoices and you agree to such form of invoicing.
3.5. DELIVERY, TITLE AND RISK
3.5.1. Orders will be sent to the delivery address you have given. Neither we nor our delivery partner can be held responsible if that address is incorrect or incomplete. Delivery restrictions will be clearly marked on the individual product page.
3.5.2. Your order shall be processed by us and our delivery partner will endeavor to dispatch your order in accordance with estimated delivery times. We are not liable for any delays caused by events beyond our reasonable control.
3.5.3. Title in the Products will pass to you on the later of: (a) the date on which we receive payment in full for such Products; or (b) the date and time of delivery.
3.5.4. Once a Product has been delivered to you, all risk of damage to, or loss of, the Product shall pass to you.
3.5.5. We shall be entitled to supply the Products in installments.
3.5.6. You shall be responsible for complying with all local import requirements and paying any applicable import taxes.
3.6. RETURNS
3.6.1. Should you wish to return any Products, you may only do so in accordance with our Returns policy on the Website.
3.6.2. Due to the nature of personalized or monogrammed items, returns, changes, or cancellations are not accepted.
3.7. AGE REQUIREMENTS
3.7.1. If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age.
3.8. PROMOTIONS
3.8.1. Welcome Discount: First-time customers may receive a discount on their first full-priced order with subscription to our newsletter. This offer is only eligible on full-priced items and on your first order.
3.8.2. Review Discount Code: Eligible customers may receive a discount code for a full-price purchase after completing an online order review.
3.8.3. Insiders Anniversary: Members may receive an exclusive gift on the one year anniversary of joining the program, with a qualifying purchase.
3.8.4. Insiders Birthday: Members may receive an exclusive discount on their birthday, subject to registration and order value requirements.
3.8.5. Referral Program: By participating, you can give friends a discount on their first qualifying order. For each friend who completes a qualifying purchase, you’ll receive a discount on your next qualifying order.
3.8.6. Seasonal Reductions: Discounts may apply on select products for a limited time. Additional discount codes cannot be applied to discounted items.
3.8.7. Complimentary Gift: A selected group of customers may receive a complimentary gift per order while stocks last, subject to eligibility and conditions.
3.8.8. A Free Gift: A promotion where a free gift is offered when an order meets a certain threshold, while stocks last.
3.8.9. Friends and Family: A limited-time offer valid only on items within a specific collection. All items may be final sale.
4. GENERAL
4.1. INTELLECTUAL PROPERTY
4.1.1. All content available on the Website (the “Content”) is either owned or licensed by ScotlandBags and is protected by applicable copyright laws.
4.1.2. The “ScotlandBags” trademark as well as all other marks, trade names, logos which appear on our Products, Website, accessories or packaging (the “Trade Marks”) are the exclusive property of ScotlandBags.
4.1.3. All other intellectual property rights in or related to the Website, the products depicted, and any accessories, packaging or ancillary items (the “Intellectual Property Rights”) are the exclusive property of ScotlandBags.
4.1.4. Limited License: We grant you a revocable and non-exclusive license to access and make personal use of the Website, not including commercial use or use of data gathering tools.
4.1.5. ScotlandBags may terminate this limited license at any time for any breach of these Terms.
4.2. CONTENT
4.2.1. ScotlandBags endeavors to ensure information posted on the Website is accurate but does not guarantee that the Content is error-free or that the Website is free of viruses.
4.3. LIMITED WARRANTY; WARRANTY EXCLUSIONS
4.3.1. ScotlandBags warrants that Products will be free from material defects under normal use for a defined Warranty Period from the date of purchase, solely to the original purchaser.
4.3.2. During the Warranty Period, upon verification of a defect, ScotlandBags will repair or replace the defective Product, or offer a refund or store credit.
4.3.3. This warranty does not cover damage from misuse, normal wear and tear, or products from unauthorized dealers.
4.3.4. This warranty provides your sole remedy. No other warranties, express or implied, apply.
4.4. LIMITATIONS OF LIABILITY
4.4.1. We will not be liable for any economic losses, loss of goodwill, or special, indirect or consequential losses.
4.4.2. The aggregate liability of ScotlandBags shall not exceed the price of the Product you have ordered.
4.5. DATA PROTECTION
4.5.1. By placing an order you agree that we may collect, use, store and process your personal data in accordance with our Privacy Policy, which is incorporated into these Terms.
4.6. ASSIGNMENT, SUBCONTRACTING ETC.
4.6.1. We may transfer our rights and obligations under these Terms. You may not assign your rights without our written consent.
4.7. AMENDMENTS TO THESE TERMS
4.7.1. We reserve the right to make changes to these Terms at any time. The version in force at the time you order applies.
4.8. EVENTS BEYOND OUR REASONABLE CONTROL
4.8.1. ScotlandBags will not be held responsible for any delay arising from any cause beyond our reasonable control.
4.9. SEVERANCE
4.9.1. Each provision shall be construed separately. If any provision is invalid, it shall be deemed severable.
4.10. GOVERNING LAW AND JURISDICTION
4.10.1. These Terms are governed by the laws of the relevant jurisdiction, and you and we submit to the non-exclusive jurisdiction of the courts in that jurisdiction.
4.11. ENTIRE AGREEMENT
4.11.1. These Terms constitute the whole agreement between us.
4.11.2. Neither of us relies on any statement or representation other than as set out in these Terms.
4.12. WRITTEN COMMUNICATIONS
4.12.1. You accept that communication with us will be mainly electronic. We will contact you by e-mail or via the Website.
4.13. NOTICES
4.13.1. All notices given by you to us must be sent through the contact methods provided on the Website. We may give notice to you at the email or postal address you provide.
4.14. WAIVER
4.14.1. Our failure to enforce strict performance shall not constitute a waiver of our rights.
4.14.2. A waiver of any default shall not constitute a waiver of any subsequent default.
4.15. THIRD PARTY BENEFICIARIES
4.15.1. These Terms are solely for the benefit of the parties hereto.
4.16. PAYMENTS (THIRD-PARTY PROVIDERS)
4.16.1. We may offer the option to pay using third-party payment service providers. When you choose such a provider at checkout, your payment agreement is directly between you and that provider. Our standard return and refund policy applies. The provider’s terms and privacy policy will govern their use of your data.
4.17. MOBILE MESSAGE SERVICE
The ScotlandBags mobile message service (the “Service”) is operated by ScotlandBags. Your use of the Service constitutes your agreement to these Mobile Terms. We may modify or cancel the Service without notice.
By consenting to the SMS/text messaging service, you agree to receive recurring messages from ScotlandBags to the mobile number you provided. Message frequency varies. Message and data rates may apply.
You may opt-out of the Service at any time by texting STOP to the number provided in any message. For Service support, text HELP to the same number or contact us through the Website.
We may change the telephone number used to operate the Service at any time. The wireless carriers supported are not liable for delayed or undelivered messages.
Your privacy is respected. See our Privacy Notice on the Website for details.