Terms and Conditions of Sale
This page (together with the documents referred to on it) explains the terms and conditions on which we supply any of the merchandise (Merchandise) listed on the Alba Customs Website www.albacustoms.com. Please read these terms and conditions carefully before ordering any Merchandise from the Alba Customs Website. You should understand that by ordering any of our Merchandise, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
The Alba Customs Website is operated by Saltire Motorcycles Ltd ("We"). We are a company limited by guarantee (No. SC299783) and have our registered office at Saltire House 553B Gorgie Road, Edinburgh, EH11 3XX. Our VAT number is 880438018. We trade under the name “Saltire Suzuki”.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have accepted your order. The contract between us (Contract) will only be formed when we send you this email.
2.2 The Contract will relate only to the Merchandise confirmed by email. We will not be obliged to supply any other Merchandise which may have been part of your order until we have provided you with confirmation of such by email.
3. CONSUMER RIGHTS
3.1 If you wish to cancel a Contract with Saltire for Merchandise, please be advised that exchanges or refunds are at Saltire’s sole discretion.
3.2 To cancel a Contract, you must inform us in writing or present yourself in person at our delaership. You must also return the Merchandise to us immediately, in the same condition in which it was received, and at your own cost and risk. You have a legal obligation to take reasonable care of the Merchandise while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4. AVAILABILITY AND DELIVERY
4.1 Orders for Merchandise will be fulfilled within a reasonable time of the date of the order confirmation, unless there are exceptional circumstances.
4.2 We will normally endeavour to dispatch your merchandise within 2 working days from the date of purchase, however, if this is not possible, we will contact you by email with a revised dispatch schedule.
4.3 We will endeavour to ensure that all merchandise advertised on our site for sale is available for dispatch, however, if an item becomes unavailable, we will contact you and offer the choice of either a replacement or a refund.
4.4 If you choose to collect your order in store, please wait until you receive confirmation of availability by email to ensure your order is ready and waiting for you and to avoid disappointment.
5. RISK AND TITLE
5.1 The Merchandise will be at your risk from the time of delivery.
5.2 Ownership of the Merchandise will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6. PRICE AND PAYMENT
6.1 The price of any Merchandise will be as quoted on the Saltire Website from time to time, except in cases of obvious error.
6.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due before you place your order.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation email.
6.4 Despite our best efforts, some of the Merchandise listed on the Saltire Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Merchandise to you. If the correct price of the Merchandise is higher than the price stated on the Saltire Website, we will normally, at our discretion, either contact you for instructions before dispatching the Merchandise, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Merchandise to you at the incorrect (lower) price, even after we have sent you an order confirmation email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.6 Payment for all Products must be by credit or debit card.
We accept payment with:
o American Express
o MasterCard Electron
o MasterCard Debit
o UK Maestro
o Visa Debit
o Visa Electron
o Visa Purchasing
7. OUR REFUNDS POLICY
7.1 Saltire offers refunds or exchanges of Merchandise at its sole discretion. If you wish to apply for a refund or exchange, please contact [email protected]
7.2 Where we agree to refund your order, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8. OUR LIABILITY
8.1 We warrant to you that any Merchandise purchased from us through the Saltire Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Merchandise you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
8.3 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to: (a) loss of income or revenue (b) loss of business (c) loss of profits or contracts (d) loss of anticipated savings (e) loss of data (f) loss of data, or (g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 8.4.
9. IMPORT DUTY
9.1 If you order Merchandise from the Saltire Website for delivery outside the UK, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Saltire Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Saltire Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Saltire at [email protected] . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you) or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Merchandise).
18. LAW AND JURISDICTION
Contracts for the purchase of Merchandise through the Saltire Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Scotland.