Website Terms of Use

We like to keep it simple, but like every online shop we've got a bit of small print that it's important you should read. By using our website and online shop, you're agreeing to these terms.
We've tried to make our website terms of use nice and simple to understand, but if you're unsure what something means, or feel we could do a better job of explaining, please get in touch and let us know.

 

 


1. INTRODUCTIONS

 

1.1 These website terms of use (the "Terms of Use") govern the use of the website www.johnstonsofelgin.com (the “Website”) which is operated by or on behalf of James Johnston & Company of Elgin Limited, registered in Scotland under company number SC22553 and having its registered office at Newmill, Elgin, Morayshire IV30 4AF ("we", "us", "our" etc).

1.2 Please read these terms carefully before you start to use the Website (this includes accessing and browsing), as they set out the rules which will apply to your use of the Website. By using the Website, you are indicating that you accept and agree to comply with the Terms of Use. If you do not agree to the Terms of Use, you must not use the Website.

 

 

2. CHANGES TO THESE TERMS

 

We reserve the right to change the Terms of Use at any time (with the revised Terms of Use being posted on the Website). It is your responsibility to check the Terms of Use regularly to ensure that you are aware of any changes. Your use of the Website following the posting of any such changes will constitute your acceptance of the revised Terms of Use.

 

 

3. OTHER APPLICABLE TERMS

 

3.1 The following additional terms also apply to your use of the Website:

  • 3.1.1 Our Privacy Policy, which can be found here, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate. Our Privacy Policy also sets out information about the cookies used on the Website.
  • 3.1.2 If you purchase goods from the Website, our terms and conditions of sale which can be found here will apply to such purchases.

 

 

4. ACCESSING THE WEBSITE

 

4.1 Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted and we will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

4.2 You are responsible for making all arrangements, technical or otherwise, necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

 

 

5. WEBSITE CONTENT

 

5.1 We may update the Website from time to time and may change any part of the content at any time.

5.2 We do not guarantee that the Website, or any content on it, will be free from errors or omissions.



6. ACCEPTABLE USE

 

6.1 You may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the Website.


6.2 You agree not to use this Website in any way that may cause the Website or access to the Website to be interrupted, damaged or impaired.

6.3 You shall not breach or attempt to breach the security of this Website.

6.4 When dealing with this Website you must not use a false email address, impersonate any other person or entity, or mislead us as to the origin of any electronic communications or content.

6.5 Use of the Website in breach of the Terms of Use may give rise to a claim for damages and / or be a criminal offence.

6.6 The Website is intended exclusively for residents of the United Kingdom. We make no representations that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

6.7 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Website. We will not be responsible for any loss suffered as a result of your failure to do so.



7. INTELLECTUAL PROPERTY RIGHTS

 

7.1 We are the owner or the licensee of all intellectual property rights in the Website, and the material published on it including all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements contained therein, and the selection, sequence, "look and feel" and arrangements. All such rights are reserved.


7.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website.

7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

7.4 You must not use the Website or any part of it for any purpose without obtaining a licence to do so from us or our licensors.

7.5 The trademarks, service marks, graphics and logos used in connection with this Website are trademarks or registered trademarks of James Johnston & Company of Elgin Limited or third-party owners. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.



8. YOUR INFORMATION

 

We may collect and use your personal data in accordance with the Data Protection Act 1998 and our privacy policy, which can be found here.



9. DISCLAIMER OF LIABILITY FOR THIRD PARTY MATERIALS

 

Certain content, products and services available via the Website may include materials from third parties and we may provide links to certain third party websites. We have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. We therefore do not warrant, endorse or accept any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you and you access such websites at your own risk.



10. LIMITATION OF OUR LIABILITY

 

10.1 Nothing in the Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by Scots law.


10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

10.3 We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • 10.3.1 use of, or inability to use, the Website; or
  • 10.3.2 use of or reliance on any content displayed on the Website.


10.4 Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.



11. GOVERNING LAW AND JURISDICTION

 

The Terms of Use shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these Terms of Use and/or any use of the Website shall be subject to the non- exclusive jurisdiction of the Scottish Courts.



12. CONTACT US

 

To contact us, please email ecommerce@johnstonsofelgin.com or call us on +44 (0) 3442 252 252 or write to us at the address provided at the start of these Terms of Use.