Terms and Conditions
Terms
- Your Account
- Ownership
- Privacy
- Access to buyorkney.com
- License for website access
- Your conduct
- Reviews, comments, communications and other content
- Copyright and database rights
- Copyright claims
- Our contract
- Returns
- Pricing and availability
- Customs
- Children
- Electronic communications
- Losses
- Alteration of Service or Amendments to the Conditions
- Events beyond our reasonable control
- Waiver
- Governing law and jurisdiction
- Our details
We will strive to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed
If you use the website, you agree that
you are responsible for maintaining the confidentiality of your account and any passwords,
you are responsible for restricting access to your computer to prevent unauthorised access to your account,
you agree to accept responsibility for all activities that occur under your account or password,
you will inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner,
you agree to ensure that we are provided at all times with correct and up to date details and you will inform us immediately of any changes to the information that you provided when registering.
you will be responsible, and not buyorkney, for all electronic communications and content sent from your computer to us
you will use the website for lawful purposes only
you will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content that you add to the site.
you will not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
you will not use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
you will not use the website to cause annoyance, inconvenience or needless anxiety
you will not use the website to send, use or reuse any material that:
is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or
is in breach of copyright, trademark, confidence, privacy or any other right; or
is otherwise injurious to third parties; or
is objectionable; or
which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
buyorkney.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
The buyorkney websites and such contents not already the property of some other organisation are the property of Orkney Limited, a company registered in Scotland and having its registered Office at 1 Castle Street, Kirkwall, Orkney, KW15 1HD. References to buyorkney will, unless specifically excluded include reference to Orkney Limited.
Our policy on privacy is set out in our Privacy Statement. Please read our Privacy Statement, which governs your visit to buyorkney.com.
Access to the website may be occasionally suspended or restricted to allow for maintenance and upgrading.
We will attempt to limit the frequency and duration of any such suspension or restriction.
buyorkney.com grants you a limited license to access and make personal use of this website. You may not download any part of it, other than where specifically permitted, or modify any portion of it, except with express written consent of buyorkney.com.
This license does not include
any resale or commercial use of this website or its contents, or
any collection and use of any product listings, descriptions, or prices, or
any derivative use of this website or its contents, or
any downloading or copying of account information for the benefit of another merchant, or
any use of data mining, robots, or similar data gathering and extraction tools.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of buyorkney.com as long as the link does not portray buyorkney.com or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any buyorkney.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
Any unauthorised use terminates the permission or license granted by buyorkney.com
You must not, without our express written consent:
reproduce, duplicate, copy, sell, or otherwise exploit our site for any commercial purpose, or
frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of buyorkney.com, or
use any meta tags or any other "hidden text" utilising buyorkney.com's name or trademarks.
Users of this website may
post reviews, comments and other content;
send communications; and
submit suggestions, ideas, comments, questions, or other information,
provided that the content
is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or
is not objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
buyorkney.com reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material then:
you automatically grant buyorkney.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, and
you grant buyorkney.com the right to use the name that you submit in connection with such content, and
you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content, and
you agree to perform all further acts necessary to perfect any of the above rights granted by you to buyorkney.com, including the execution of deeds and documents, at the request of buyorkney.com.
You represent and warrant that
you own or otherwise control all of the rights to the content that you post, and
at the date that the content or material is submitted to buyorkney.com:
the content and material is accurate, and
the content and material you supply does not breach any applicable buyorkney.com policies or guidelines and will not cause injury to any person or entity, and
the content or material is not defamatory.
You agree to indemnify buyorkney.com for all claims brought by a third party against buyorkney.com or arising out of or in connection with a breach of any of these warranties.
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of buyorkney.com.
The compilation of all content on this website is the exclusive property of buyorkney.com.
All software used on this website is the property of buyorkney.com, or our software suppliers.
You may not, without buyorkney.com's express written consent:
systematically extract or re-utilise parts of the contents of the website, or
utilise any data mining, robots, or similar data gathering and extraction tools to extract any substantial parts of this website, or
create or publish your own database that features substantial (e.g. our prices and product listings) parts of this website
buyorkney.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us and we will look into the issue to ensure a swift resolution to the matter.
When you place an order to purchase a product from buyorkney.com your order represents an offer to us to purchase a product. The offer is accepted when we either notify you accordingly or we make a supply.
Certain items that are offered for sale on the website are sold on behalf of a supplier and not by us as principal. Where we sell in this way we will advise you in the product narrative as this may affect your rights.
Except for certain agency sales (see below) we operate a general no quibble returns policy. Our "no quibble" returns policy means that if you are unhappy with your purchase for any reason at all, you can return it within 30 days.
Faulty Goods
If the goods are faulty, damaged or incorrect, please return them to us in the original packaging, with a full explanation, and let us know whether you would like a replacement or a full refund. Whichever you choose, we will refund the cost of returning the goods to us by recorded delivery.
Refunds, replacements or exchanges are usually processed within 7 working days of receipt of the returned items.
We will not be responsible for any incidental or consequential damages or expenses such as lost profits or other economic or commercial losses. Your statutory rights are not affected by the terms of this statement.
Change of Heart
We try hard to give you all the information you need and as clear an image as possible, but we appreciate that the goods still might not be quite what you were expecting. If you decide it isn’t quite what you wanted, we are happy to give you a full refund provided that:
the product is in its original packaging, and
it is returned in a saleable condition, but subject to conditions applicable to certain goods as specified below.
Food and drink is non returnable unless faulty or not fit for human consumption
Downloads (music, e-books and other downloads) are not refundable.
DVDs and CDs must be returned unopened and with seals intact
Bespoke items may only be returned at our discretion
Please note that, although we will refund the cost of returning faulty goods, when you return goods because you have changed your mind, the cost of the return postage will be borne by you.
As we cannot be responsible for goods lost in transit, we recommend that you send the goods by recorded delivery.
Returning a Gift
If you are returning a gift which is faulty, we are happy to send a replacement, something else from our shop or a gift voucher. If a refund is required, please note that it can only be sent to the original purchaser.
Agency Sales
In circumstances where we sell as agent and not as principal any returns for whatever reason where the original selling price exceeded £200 net of taxes and freight will be subject to agreement by the original supplier who will be responsible for any refund or replacement.
We may list availability information for products sold by us on the website. This information will be as accurate as we can manage at that time. In the event of inaccurate information being provided by us to you, we will endeavour to correct the matter as soon as possible and will try to resolve the situation to your satisfaction as best we feel that we are able, in the circumstances.
We will at all times endeavour to ensure that the correct price is applied to each item listed for sale. If you believe that an incorrect price has been used, email us and we will investigate the matter as quickly as possible with a view to reaching a satisfactory conclusion. Any errors that come to our attention will be corrected as soon as possible after they become known to us.
We want you to be entirely satisfied when you shop with us and we will do everything that we can to resolve, to your satisfaction, any issues that arise from availability or pricing.
When ordering goods from buyorkney.com for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination.
Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
Additionally, please note that when ordering from buyorkney.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
Our international customers and customers dispatching products internationally need to be aware that cross-border deliveries may be subject to opening and inspection by customs authorities.
buyorkney.com does not sell products for purchase by children. If you are under 18, you may use buyorkney.com only with the involvement of a parent or guardian. All purchases are made and paid for by a debit or credit card. We will assume that the person using a card is legally entitled to do so and will not be held responsible for the misuse of such cards.
Without affecting any of your statutory rights you
consent to receive communications from us electronically, and
agree that this will satisfy any legal requirement that certain communications be in writing.
buyorkney.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or when a contract for the sale of goods by us to you was formed.
buyorkney.com will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
buyorkney.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time.
You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the website or that you order goods from us.
If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
These conditions are governed by and construed in accordance with the laws of Scotland. You agree, as we do, to submit to the non-exclusive jurisdiction of the Scottish courts.
You can contact us by visiting contact us or you may write to us at the following address:
Postal Address
Orkney LimitedPO Box 6200
Kirkwall
Orkney
KW15 9AA
Registered Office
Orkney Limited1 Castle Street
Kirkwall
Orkney
KW15 1HD
Company Registration Number: SC291810
Copyright © 2008. All rights reserved |
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Orkney Limited |
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