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Terms and Conditions

These terms and conditions apply to the use of this Website, www.mcdougalls.shop and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website. Our terms and conditions may be modified from time to time so please read them and check for changes if you shop regularly with us.

Placing an order

To place an order on this website you must be over 18 years of age.

You are deemed to place an order with us by selecting goods and completing all steps of our online checkout process including submitting payment. As part of this checkout process you will have the opportunity to check your order and amend it to correct any errors. We will reply with an order acknowledgement which details the items you have selected and the value of any payment submitted.

Any order placed by you in this way for goods advertised on our website, is an offer by you to purchase the goods selected in your order. No contract will be deemed to exist between you and us for the sale of goods until we have received your order and accepted it (which we may do at our discretion). Acceptance of your order will only occur when we despatch your selected goods to you even if your payment has been processed at the time of placing your order.

Your contract with us is subject to the right of cancellation set out below.

We retain the right to withdraw from accepting an order in the following circumstances:-

• if we are unable to obtain authorisation for your payment or authorisation is obtained but address verification cannot be confirmed.
• if there has been a pricing or product description error which in our opinion seriously undermines the order;
• where the goods ordered by you are found to be unavailable with a resulting delay in our being able to fulfil your order.

Where we have processed your payment but do not accept your order, we will re-credit your account with the sum deducted by us as soon as possible. This will be within 7 days of your placing your order on our website.

 

Cancellation Policy

In line with the Consumer Contracts Regulations, you have the right to cancel your order within 14 working days from the day after you receive your goods.

Please contact us by email at hello@mcdougalls.shop to let us know of your decision to cancel your order, so that we can expect the returned goods. Goods should be returned to the following address:    McDougall’s, 103 George Street, Oban Argyll PA34 5NT

Please be aware that you will be responsible for the cost of returning the goods to us and ensuring they are correctly packaged to avoid any damage or loss while in transit. The goods must be returned in their original saleable condition ie unused and in their original packaging which is undamaged, and following this a full refund will be given including the original delivery charge. Should the goods not be returned in the condition so described, we may make a deduction from any refund issued equivalent to the devaluation of the item.

Once we receive your goods back we will inspect them, contacting you if they are damaged or not in original condition and will issue your refund as soon as possible. We guarantee this will be within 14 days of our receipt of the goods and any refund will be by the same method originally used by you to pay for your purchase. Please note no refund will be given for goods not received back by us or which we receive either damaged or incomplete. Our cancellation policy does not affect your statutory rights.

 

Returns Policy (Damaged or Faulty Goods)

DAMAGED GOODS – Should goods arrive damaged in transit and the damage is apparent, we ask that you contact us by email within 48hrs of receipt to hello@mcdougalls.shop or phone us on 01631-570552. If you are signing for delivery please mark on the delivery paperwork that the parcel is damaged.

We will of course endeavour to replace the item or if appropriate will issue a refund but may ask you to assist us by for example photographing the damage and/or returning the item to us, before we replace or refund the item. We will process your replacement or refund as quickly as possible and within 30 days of the date you received your damaged delivery. If we ask you to return an item to us, this should be by Royal Mail second class post and we will refund your postage cost.

 

FAULTY GOODS – We will endeavour to replace any item that is deemed to be faulty and we offer a 12 month guarantee on all purchases from our website but this may be extended on certain products by a manufacturer’s warranty.

Please note that we are unable to offer a refund or replacement on items that have been damaged through wrongful or inappropriate use, not following instructions or normal wear and tear.

We ask that you contact us immediately by email to hello@mcdougalls.shop to discuss any faulty item. Please do not return an item to us without contacting us first and our agreeing that return is appropriate. Please note we will not accept returns that have not been authorised by our returns department, as replacement by the manufacturer directly or some other replacement mechanism may be more appropriate in the circumstances. Talk to us first.

If an item is to be returned to us, then once we have received it back and ascertained the fault, we will endeavour to replace the faulty item. With most goods that we sell we can offer a like for like replacement, however if the item being returned is no longer in stock or no longer manufactured and available from our suppliers, then we will refund your payment for the item. This will be using the same method of payment used by you to pay for your purchase.

We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us concerning faulty or damaged or non-delivered goods. We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

 

Product Description and Price of Goods

Each product offered for sale on this website is sold subject to its “product description” which sets out physical description of the item and information on guarantees etc. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on this website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product description appearing on this website at a particular time many not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted and has completed the payment process of the website. Equally we do not accept responsibility or liability for errors in the description of our products and if you intend to rely on a particular part of our product description, then please check with us directly that the information is correct for the avoidance of doubt.

Product images on our website are for illustrative purposes only and colours displayed may depend on your own computer equipment. If you are concerned about colours of products please contact us before purchase and we will try to help. Otherwise please accept that your product may vary slightly from the images on our website.

Our prices are all shown in £ Sterling and include VAT at the appropriate current rates (as at 01/07/21).

Limitation of Liability

While we will use reasonable endeavours to verify the accuracy of any information we place on this website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an “as is” and “ as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products or services offered on this website. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

In no event (including our own negligence) will we be liable in contract or delict or pre-contract or other representations for any:-

• Economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• Any loss of goodwill or reputation; or
• Any special or indirect or consequential losses; or
• Any damage to or loss of data

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.

Nothing in the Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions of the Terms and Conditions

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Scots law. Disputes arising in connection with the terms and conditions of our website shall be subject to the exclusive jurisdiction of the Scottish courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

If you access this website from a location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.