1. the contract between us
we must receive payment of the whole of the price for the goods that you order before your order can be accepted. once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. our acceptance of your order brings into existence a legally binding contract between us.
2. our right to refuse your order
2.1 we reserve the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if:
2.1.1 we have insufficient stock to deliver the goods you have ordered;
2.1.2 we do not deliver to your area; or
2.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
2.2 if we do refuse your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. we will not be obliged to offer any additional compensation for disappointment suffered.
3.1 the prices payable for goods that you order are as set out in our website.
3.2 you may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. our delivery charges are set out in our website.
3.3 all orders are processed in US$ at the prices displayed at time of order. conversions into other currencies are displayed for customer convenience only and are approximate. these prices may change slightly between the date of placing the order and the date of dispatch.
4. right for you to cancel your contract
4.1 you may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the day after the date you ordered the goods. you do not need to give us any reason for canceling your contract nor will you have to pay any penalty.
4.2 to cancel your contract you must notify us in writing.
4.3 if you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. if you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4.4 special order items such custom made garments that is specifically ordered for your make are excluded from our usual 7 day return period and can only be returned if faulty or delivered in error.
4.5 once you have notified us that you are canceling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
4.6 if you cancel the contract but do not return the goods to us in the condition they were in when delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
5. delivery of goods to you
5.1 we will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
5.3 you will become the owner of the goods you have ordered when they have been delivered to you. once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6. fraud prevention
6.1 you agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
6.2 we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. by accepting these terms and conditions you consent to such checks being made. in performing these checks personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information. you can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. all information provided by you will be treated securely and strictly in accordance with the data protection act 1998.
unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our email address Sales@dkilts.com. all notices from us to you will be displayed on our website from to time.
8. events beyond our control
we shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9. governing law
the contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
10. entire agreement
10.1 nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us; and,
10.2 save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
should you have any cause for complaint, please contact Sales@dkilts.com. should the matter not be resolved to your satisfaction you can write to customer services email address Sales@dkilts.com to lodge a formal complaint.