Terms and Conditions

The following Terms are those under which we supply any of our products (the "Products") listed on our website ("our Website") to you. Please read these Terms carefully before ordering any of our Products from our Website. You should understand that by ordering any of our Products, you agree to be bound by these Terms.

You should print a copy of these Terms for future reference.

Please tick the box "accept the terms and conditions" at the end of the checkout page when ordering if you accept them. Please note that if you refuse to accept these Terms, you will not be able to order any of our Products from our Website.

Information about us

Our Website, www.warmheartedwords.co.uk, is a site operated by C.S.McKerlie Electrical Services(we). We trade as C.S.McKerlie Electrical Services and with our registered office at 260 King Street, Castle Douglas, Kirkcudbrightshire, DG7 1HA. Our VAT number is 292 9733 94.

Service availability

We do not accept any liability arising from any attempt by you to purchase or any subsequent delivery of Products if such action is prohibited, illegal or unlawful in your territory. Legal advice should be taken in cases of doubt and you shall remain wholly responsible for ensuring that you are permitted to Purchase our products from your jurisdiction and import them.

We reserve the right to decline to accept orders for Products where agreements with our suppliers prevent us from selling those Products in your jurisdiction.

Your status

To place an order on our Website you must be:

  • legally capable of entering into binding contracts; and
  • at least 18 years old.

Product purchase and contract formation

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

Your order constitutes an offer to us to buy our Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation").

The contract between us (the "Contract") will only be formed when we send you the Dispatch Confirmation.

The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

We may decline to accept an order in circumstances including but not limited to:

  • your payment not being authorised;
  • you not satisfying the status requirements set out above;
  • the delivery address provided by you being a PO Box address;
  • Product(s) ordered not being available from stock and/or suppliers; and
  • where a pricing or product description error has occurred.

Our status

Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

We may also provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

Consumer rights

As a consumer you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy set out below.

To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately by registered post, with proof of purchase, in the same condition in which you received them, and at your own cost and risk. Please note we are not obliged to refund your postage costs for the return of Products when you cancel an order.

You have a legal obligation to take reasonable care of the Products while they are in your possession and you will be responsible for any loss we incur if you do not take reasonable care.

We are unable to accept cancellation of a Contract for the supply of any of the following Products:

  • goods made to your specification;
  • perishable goods (for instance, flowers and food); and
  • CD, DVD, tapes or other recording media, software or videos if their seal is broken unless of course there is a manifest error or fault in the same.

Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

Availability and delivery

We aim to fulfil your order by the delivery date set out in the order page or, if no delivery date is specified, then within a reasonable time of the date of the purchase confirmation, unless there are exceptional circumstances.

Risk and title

The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Price and payment

The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.

These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Details.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our 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 Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products must be by credit or debit card and will be taken through PayPal. Paypal accepts Visa / Delta / Electron, MasterCard / Eurocard, Maestro, American Express and any debit cards which have a Visa or MasterCard logo.

Our refunds policy

We will provide a refund where:

  • you have cancelled the Contract between us and returned the Product within the seven-day cooling-off period;
  • a Product that you claim is defective or has been damaged in transport to you is returned to us within 14 days of delivery and is found by us to be defective or damaged in transport; or
  • you notify us that you do not agree to a change in our Terms occurring between you placing your order and receiving a Dispatch Confirmation.

When you return a Product to us because you:

  • have cancelled the Contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
  • claim that the Product is defective or has been damaged in transport, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective or damaged Product. Products returned by you because of a defect or damage in transport will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
  • have notified us that you do not agree to a change in these Terms or in any related policies, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice. On condition that any Product dispatched to you is returned in the condition in which you received it, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

Any refund due to you will only be made to the same credit or debit card originally used by you to pay for your purchase.

Please note that, for hygiene reasons, we are unable to accept return of or provide a refund for pierced jewellery. We are also unable to accept return of cosmetics or other consumables where the product seal has been broken. This does not affect your statutory rights.

Our liability

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

This does not seek to exclude or limit in any way our liability:

  • for death or personal injury caused by our negligence;
  • under section 2(3) of the Consumer Protection Act 1987;
  • for fraud or fraudulent misrepresentation; or
  • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability including any rights you have as a consumer.

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:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data; or
  • waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this shall not prevent claims for loss of or damage to your tangible property that fall within the terms of this section or any other claims for direct financial loss that are not excluded by any of categories set out in the list above.

Where you buy any Product from a third party seller through our Website, the seller's individual liability will be set out in the seller's terms.

Written communications

When using our 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 our 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 clause does not affect your statutory rights.

Notices

All notices given by you to us must be given to C.S.McKerlie Electrical Services at www.warmheartedwords.co.uk. 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 above. 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.

Transfer of rights and obligations

The Contract between you and us is binding on you and us and on our respective successors and assigns.

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.

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.

Events outside our control

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).

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:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks; and/or
  • the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will be permitted 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 but, in the event that we cannot fulfil our obligations and you have made payment for an order we will endeavour to refund you the amount as soon as reasonably practicable.

Waiver

If we fail, at any time during the term of a Contract, to enforce any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not mean that we waive those rights or remedies. You will remain responsible for fulfilling your obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless we expressly say it is a waiver and is communicated to you in writing in accordance with the relevant provisions above.

Severability

If any of these Terms or any provisions of a Contract are determined by a court or other authority to be invalid, unlawful or unenforceable to any extent, that 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.

Entire agreement

These Terms and any document expressly referred to in them represent the entire agreement between us and supersede any previous agreement, understanding or arrangement between us.

In entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other before the Contract except as expressly stated in these Terms.

Our right to vary these Terms

We can revise and amend these Terms from time to time. We will update our Website with amended Terms and you should visit here from time to time to check our Terms.

You will be subject to the Terms in force at the time that you order products from us, unless any change to those policies or these Terms 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 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, unless you notify us otherwise in writing).

Law and jurisdiction

The purchase of our Products through our Website and any dispute or claim arising out of or in connection with them or these Terms in general will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Contracts or these Terms shall be subject to the exclusive jurisdiction of the Scottish courts.

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