STANDARD TERMS AND CONDITIONS
FOR SALE OF GOODS
OF
Schottenladen.de

1 DEFINITIONS

In this document the following words shall have the following meanings:

1.1 "Buyer" means the person who buys Goods from the Seller;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;

1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;

1.4 "Seller" means Schottenladen, Spitalgasse 5, 94541 Rothenburg o.d. Tauber, Germany

1.5 "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.

2 GENERAL

2.1 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.

2.2 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.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.

2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

3 PRICE AND PAYMENT

3.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is INCLUSIVE of VAT and EXCLUSIVE of any delivery charges.

3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.

4 DELIVERY

4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.

4.2 All Goods, wherever possible, will be delivered within 14 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.Although we will endeavour to maintain to supply you with the item requested, sometimes we may be unable to fulfil an order. In this instance, you will be informed at the earliest opportunity. Product images displayed on the website may occasionally differ from the respective product names and descriptions, due to changes in packaging and/or availability. Please note that Kilts and other made-to-measure items have a delivery time of approx. 6 to 8 weeks. However, there may be instances when we cannot deliver within this time.
www.schottenladen.de cannot be held responsible if any item you have ordered is impounded by or has extra duty charged on it by your local customs and excise department.

4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. 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.

4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.

4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

www.kiltsandmore.de will endeavour to deliver to you within the specified time.

5 WARRANTY

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.

6 CANCELLATION AND RETURNS

If after the Seller has accepted an order from you (acceptance will be communicated via e-mail on receipt of an order), and you wish to withdraw from the contract, you may do so by communicating that wish to us within 2 working days of our acceptance. If you have already received the goods and they are unwanted, you must return the goods to us at your own cost and risk. It is imperative that you notify us within 14 working days of receipt of goods. Provided the goods are returned in the same condition as we supplied them to you, we shall reimburse all monies paid by you for those goods.
PLEASE NOTE: Kilts, jackets and other tartan and clan related products, which have been specifically for the customer, are excempt from return.

7 COMPLAINTS & GUARANTEES

If goods do not reach you in good condition or are faulty, carriage costs for the affected portion of delivery back to www.schottenladen.de is at our expense. You must contact us to arrange return delivery. Your complaint will be acknowledged within 5 working days and we will keep you well informed about progress. www.schottenladen.de will only credit you for the items that have been damaged or are faulty upon safe receipt of the goods into our hands. We must be notified of damaged or faulty goods within 2 working days. www.schottenladen.de will accept returns and give full refunds only in circumstances where the products have not been tampered with or opened. Refunds will be furnished within 30 days of the agreement to refund.

8 LIMITATION OF LIABILITY

8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.

8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

9 FORCE MAJEURE

Neither party shall 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, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

10 SEVERANCE

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.

11 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany and the parties hereby submit to the exclusive jurisdiction of the German courts.

12 DATA PROTECTION

www.schottenladen.de conforms to the German Data Protection Act. Any information you provide is treated in strict confidence and is stored in a secure location. Customer's details will not be disclosed in any way to any persons outwith www.schottenladen.de