The Ministry of Tartan Online Terms and Conditions
Introduction
Welcome to The Ministry of Tartan online Terms and Conditions
Please read them carefully as they apply whenever an order is placed by you.
If you do not agree to be bound by these terms, then please do not place an order. Nothing in these terms and conditions affects your statutory rights.
Who we are
We are The Ministry of Tartan, a trading name of Tartan Manor Ltd (a company registered in England and Wales with number 08777275). Our registered office is at Tartan Manor Ltd. 21 Wansbeck Workspace, Rotary Parkway, Ashington, Northumberland, NE63 8QZ. Tartan Manor Ltd. operates the website: www.theministryoftartan.co.uk
Contacting Us
If you would like to contact us please email: in**@th*****************.uk
Use of the Website
We aim to ensure the information we place on the website is not misleading. However, we make no warranty or representation, whether express or implied, in relation to the accuracy of such information or any transaction on 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; or
- defects on the website will be corrected; or
- The site or the server that make 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.
We reserve the right to change, withdraw or deny access to the website at any time and to remove any posting or information uploaded onto the website.
Compliance with Laws
By using this website, you agree to do so only for lawful reasons. You agree not to impersonate anyone and to comply with all applicable laws and regulations regarding transactions entered into on the website.
Purchasing Products
Orders
The steps required by you to enter into a contract with us are that you place your order for the products by clicking on the pay now button at the end of the checkout process once your product information, payment details and personal information have been submitted.
You will be guided through the ordering process by our website and its instructions. Please take time to ensure that your order details are correct.
Once you have submitted an order, we will send you an acknowledgement email detailing the products you have ordered. This email acts simply as confirmation that your order has been submitted and will be processed by us, not that the order is confirmed or accepted.
Please note all orders are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not in stock. We will not take payment from you until the product is ready for dispatch. If you have already paid for the product and it is not in stock, we will refund you the amount you have paid.
Your order will be accepted and confirmed by us when the products have been dispatched. A further email will be sent to you when your ordered products have been dispatched. The contract between you and us will only be formed once you have received an email confirming dispatch of the order.
Non-acceptance of an order may arise from a number of reasons including (but not limited to):-
- Not being able to take payment from you;
- A pricing or product description error on our behalf;
- You not meeting any eligibility criteria;
- Unavailability of stock;
- If we reasonably consider that you intend to re-sell the products on a commercial basis; or
- Attempting to purchase more than four products of any type of product within a single order.
Please note we will not file a copy of the contract between us.
Pricing and Payment
The prices of the products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of products are correct at the time when the information was entered onto the system.
We will normally check prices as part of our dispatch procedures. If the products are incorrectly priced, then where the product’s correct price is less than the price stated on our site, we will charge the lower amount. However, please note that if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as mispricing, we do not have to provide the products to you at the incorrect (lower) price.
Where the product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error. We will give you the option of continuing to purchase the product at the correct price or cancelling the order.
We will not process the order until we have your instructions. If we are unable to contact you within seven calendar days using the personal information you provided to us, we will treat the order as cancelled and notify you in writing.
The price of the product does not include delivery charges. Our delivery charges are as quoted as you place your order.
You can only pay for your products by using a debit card or credit card. Payment for the products and all delivery charges is in advance. We aim to dispatch goods on a next day if orders are received by 3pm the day before. Orders received before 3pm on a Friday are delivered on a Monday. Orders received after that and on a Saturday and Sunday are dispatched on the Monday. Our courier delivers for next day arrival except for a few areas in Scotland and Ireland where it can take 2 days.
Changing or Cancelling an Order
If you wish to change of cancel your order, then do email us as soon as possible so we can accommodate your request.
NB: This applies to non-made to measure items, non-customised, non-personalised items only.
Returns Process
If you need to return an item please do so within 28 days from receipt of your goods.
NB: ‘Made to measure’ garments and ‘personalised goods’ are not eligible for refunds or returns.
All products must be returned in the original packaging, in the condition they were received, unworn, with labels still intact.
Place the item back into its original packaging (both box and outer plastic bag).
Please obtain a proof of posting from the Post Office when you return your parcel.
Returns address: Tartan Manor Ltd. 21 Wansbeck Workspace, Rotary Parkway, Ashington, Northumberland, NE63 8QZ.
Your statutory rights are not affected. Please see Terms and Conditions.
Your statutory right to cancel is incorporated into our Returns Policy.
You can exercise your statutory right by contacting us by email: in**@th*****************.uk
Please provide us with your order number.
Return Condition
All products must be returned in the original packaging, in the condition they were received, unworn and with all tags attached. We will not accept worn, damaged, altered or used goods. We reserve the right to reduce the amount of monies refunded (up to the value of the contract price) where the value of the goods are diminished from your handling of the goods which goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. We shall evaluate this by considering if your handling goes beyond that which might reasonably be allowed in a shop.
We will not accept the return of any made-to-measure or customer-made products or personalised products.
Your Rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
Your statutory rights are not affected. Please see Returns and Exchanges for how to exercise those rights.
Refunds
Any refund made will be made on the credit card or debit card used at the time of ordering the products. Refunds will usually be processed within five working days of products being received back.
If the product is faulty or not as described, your legal rights are not affected by the above returns policy. Please say if you consider the products are faulty or not as described.
Exchanges
Please return the item for exchange in the same condition as when purchased.
Delivery
Your order will be fulfilled by the estimated delivery date set out on the website, unless there is an event outside our control (please see below). If we’re unable to meet the estimated delivery date, then we will inform you of a revised estimated delivery date. You will have the right to cancel your order and to be refunded if you are not happy with the revised estimate delivery date.
Delivery will be completed when we deliver the products to you or a person identified by you to the address you gave to us.
The products will be your responsibility from the completion of delivery being attempted.
You will own the products when we have received payment in full for the products, including any delivery charges.
UK and Worldwide Delivery
Please be aware that orders will require a signature on delivery. In the event that you are unavailable when the delivery is made a card will be left giving you the opportunity to contact the courier and re-arrange delivery at a convenient time.
Delivery will take longer where the items are delivered to more remote destinations. Unfortunately we are unable to guarantee a next day delivery service to remote areas of the UK including the Channel Islands where a next day service is not offered.
Events outside our control
We will not be responsible for any failure to perform the contract or delay in its performance which result from any act or event beyond our reasonable control such as (but not limited to) natural disasters, floods, earthquakes, epidemic, IT failures or attacks, strikes, late deliveries by couriers or other delivery organisations, civil commotion, terrorist attacks or threats of such terrorist attacks, impossibility or delays resulting from using railways, shipping, aircraft, motor transport or other means of transport (‘events outside our control’).
If an event outside our control takes place and affects the performance of our obligations under the contract between you and us, then we will contact you as soon as we are able, our obligations will be suspended and the time for performance of our obligations will be extended for the duration of such event. Where the event delays your delivery, we will arrange a new delivery date with you when the delaying event has passed.
Our Rights to Make Changes
We may need to make certain changes from time to time. These might be changes in how we take payments from you or changes arising from legal or regulatory requirements. We reserve the right to make changes to these terms and conditions from time to time. We may also need to make product changes to the products from time to time. You will be informed of any product changes at the time you place the order.
Promotional Offers
Vouchers, coupons, discounts and promotional codes offered by us are valid only for use as part of a purchase made via www.theministryoftartan.co.uk, unless otherwise stated. Such promotional offers are not valid for use as part of a purchase in any shops.
General
Product Descriptions
All the tartan products that feature on our Military Tartans Page are Military-based Tartans. Where we have been given special permission from that particular Corps, Regiment or Service to create them in celebration of a particular Corps, Regiment or Service. They are worn by current, former, future personnel and their families, friends and supporters. And are not part of any official uniform.
The images of our products are for illustrative purposes only. We make every effort to ensure the images and colours are accurate but we cannot guarantee the images and colours on your computer are exactly the product. The products may vary slightly from those images. We comply with our statutory obligation to ensure that the goods we supply conform to the contract we enter into with you.
Our Warranty
We warrant that for twelve months after the date of delivery, the product will be free from material defects. If the product has a material defect (which is not due to one or more of the following reasons), then we will either repair or replace the product (at our own discretion).
The warranty does not apply in respect of:-
- fair wear and tear;
- wilful damage, abnormal storage, accident or negligence by you or by any third party;
- if you fail to use the products in accordance with its instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers;
- any specification provided by you; or
- Counterfeit goods purporting to be The Ministry of Tartan’ products.
Recommendations
When you use our website, you may see we offer you recommendations, showing products we think you might like. These may be based on your past purchases, top sellers, ratings and recently-reviewed products. We consider your interests and recommend products we think you might like.
Intellectual Property
You acknowledge and agree that all the intellectual property on the website including (but not limited to) logos, trademarks, images of products is owned by us or our licensors. You agree not to (and ensure no other person shall) copy, reproduce, edit, transmit, publish, display, create derivative works or use in any manner such intellectual property.
Liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms or your use of the website.
Except to the extent required by applicable law, we shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this website.
We only supply products for domestic and private use. You agree not to use the product for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption or loss of business opportunity.
Nothing in these terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
Severance
Each of the paragraphs of these terms operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third Party Rights
The contract is between you and us. No other person shall have any rights to enforce any of its terms and the contract cannot be assigned or sub-contracted to anyone else.
Waiver
No waiver by us shall be construed as a waiver of any other breach.
Entire Agreement
These terms govern our relationship with you. Any changes to these terms must be in writing and signed by both parties as we can then avoid any problems arising about what we and you are expected to do. You confirm that, in agreeing to accept these terms, you have not relied on any statement save those which are a term of this contract and you agree that you shall have no remedy in respect of any such statement. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
Data Protection and Privacy
We will use your personal information in accordance with our Privacy Policy and always in accordance with the Data Protection Act 1998.
You may be contacted by email in relation to future offers and for marketing purposes. You will have an opportunity to unsubscribe from these emails.
Cookies
We may use cookies in order to improve your experience on our website.
Third Party Sites
Please note that we are not responsible for any third party sites and you access these sites (whether through our links or otherwise) at your own risk.
Law
Please note these terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
Accuracy of information
The Ministry of Tartan takes all reasonable care to ensure that the images, descriptions and information relating to the products on www.theministryoftartan.co.uk are correct at the time when the information is entered onto the website. We aim to keep these as up to date as possible but cannot guarantee that the images, descriptions and information are identical to the products sold. Your statutory rights are not affected.
Privacy Policy
The following comprises details of our Privacy Policy and how we use any personal data (as defined in the Data Protection Act 1998) that you supply to us through this website. Please know, we take the privacy of our website users very seriously. The purpose of this statement is to set out the principles governing our use of personal information we may obtain about you. By using this website, you are indicating that you have read this Privacy Policy and understand that your personal information may be used as described below.
Links with other websites
This Privacy Policy only covers The Ministry of Tartan website at www.theministryoftartan.co.uk. We are not responsible for the data policies or procedures or content of any websites linked to this website. It is recommended that you read the privacy and security policies of all websites you visit.
We will comply with the Data Protection Act 1998 and legislation within, therefore any data you submit will be used for the purposes indicated below. Your name, delivery details and email information that you supply with your order to The Ministry of Tartan website will be retained for information, for future orders or promotional offers purposes only. We never store any of your financial data.
We endeavour to take all reasonable steps to protect your personal information but cannot guarantee the security of any data you submit online. Please note that email is not a secure medium, and should not be used to send confidential or sensitive information. You accept the inherent security risks of providing information on-line across the internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default. We will retain your personal data for as long as it is required for the purposes for which it was originally given.
In order that we can monitor and improve our website, we may gather certain information about you when you use it, including details of your domain name IP address, operating system, browser and version. We may do this by way of a cookie as described below.
Cookies
A cookie is an element of data that a website can send to your browser, which may then store it on your system. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our website. We use cookies so we can give you a better experience when you return to our website. Most web browsers automatically accept cookies. You do not have to accept cookies, and you should read the information that came with your browser software to see how you can set up your browser to notify you when you receive a cookie. This will give you the opportunity to decide whether to accept it. Refusing cookies may limit your access to certain areas of The Ministry of Tartan website.
The Ministry of Tartan accept no liability or responsibility whatsoever for any loss or damage suffered by any user of the information contained on this website. By continuing to use this website you are deemed to accept the above terms and conditions.
