Terms & Conditions for the Sale of Goods Online
|We like to keep it simple, but like every online shop we've got a bit of small print that is important you should read. By using our website and online shop, you're agreeing to these terms. There's nothing scary in them, 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. INFORMATION ABOUT US & HOW TO CONTACT US
This website, www.johnstonsofelgin.com (the “Website”) is operated by or on behalf of James Johnston & Company of Elgin Limited, registered in Scotland under company number SC022553 and having its registered office at Newmill, Elgin, Morayshire IV30 4AF. Our trading names include, amongst others, Johnstons of Elgin and Johnstons Cashmere. Our VAT registration number is GB 361 0112 14.
In these Terms, when we refer to we, us, our etc., we are referring to James Johnston & Company of Elgin Limited. When we refer to you, we are referring to you, the customer.
In these Terms, when the following words with capital letters are used, this is what they will mean:
"BESPOKE ITEMS" means Goods which are personalised, made-to-measure or made to your specification or which are otherwise customised or custom-made;
"CONTRACT" means the contract formed in accordance with these Terms for the purchase and sale of the Goods through the Website;
"GOODS" means the products (including, but not limited to, clothing, accessories and furnishings) which we make available for sale through the Website from time to time;
"EVENT OUTSIDE OUR CONTROL" means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or the United Kingdom’s exit from the European Union;
"ORDER" means an order for Goods which you submit to us through the Website using our online ordering system; and
"TERMS" means these terms and conditions of sale.
3. PLACING AN ONLINE ORDER
3.1 To place an Order through the Website, you must be a consumer. If you wish to purchase any Goods or services on behalf of a business, please contact us using the details provided.
3.2 When you order any Goods through the Website, these Terms will apply to that Order. As part of the ordering process you will be asked if you accept these Terms, so please read the Terms carefully before clicking on "I Accept". If you do not accept the Terms, then you will not be able to order any Goods through our Website.
3.3 If we accept your Order, these Terms will form the basis of the Contract between us. Please see section 4 below for more information on how the Contract between us is formed. You should save a copy of these Terms for future reference.
3.4 It is your responsibility to ensure that the details of your Order are correct and accurate and that you provide us with all information relevant to your Order. Our order process allows you to check for and amend any errors before submitting your Order through the Website. You should note that we shall not be responsible for any errors which you make when inputting or submitting your Order.
3.5 The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3.6 These Terms, and any Contract between us, are only in the English language.
4. HOW A CONTRACT IS FORMED BETWEEN US
4.1 When you place an Order through the Website, you are offering to buy those Goods from us.
4.2 If we accept your Order, we will send you an acceptance email which confirms (i) the details of the Goods, (ii) the total order value iii) and your Order number ("Confirmation"). The Contract between us is formed when we send you the Confirmation.
4.3 If we are unable to supply you with the Goods, for example, because the Goods are not in stock or are no longer available, or because of an error in the price on the Website, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Goods, we will refund the full amount of your payment if you do not wish to order alternative Goods from us or, in the case of a pricing error, order the Goods at the correct price.
5. OUR GOODS
5.1 Whilst we display images of the Goods on the Website, these images are for illustrative purposes only. We will do what we reasonably can to make sure that the images are a fair representation of the Goods. However, we cannot guarantee that your computer's display of the colours accurately reflect the colours of the Goods. You should also note that images of the Goods on the Website may not be representative of the actual size of the Goods.
5.2 For the purpose of the Contract, the quantity and description of the Goods will be set out in the Confirmation.
5.3 We reserve the right to alter the Goods or any relative specifications at any time. In such circumstances we shall notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish us to proceed.
5.4 We are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau. Nothing in these Terms will affect these rights.
5.5 If you have any questions or complaints about the Goods, please contact us on the details provided in section 1 (Information about us and how to contact us) of these Terms.
5.6 See the box below for a summary of your key legal rights in relation to the Goods. Nothing in these Terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Goods your legal rights entitle you to the following:
a) Up to thirty (30) days: if your Goods are faulty, then you can get an immediate refund.
b) Up to six (6) months: if your Goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
c) Depending on the nature and your treatment of your Goods you may be entitled to a partial refund if your Goods do not last a reasonable length of time, which as noted is entirely subjective.
See also section 8 (Your Right To Cancel) of these Terms below.
6.1 We will do what we reasonably can to meet the estimated delivery date set out in the Confirmation, with the Goods to be delivered to the country and address stated in the Confirmation. However, please note that this date is only an estimate and may be affected by an Event Outside Our Control. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.
6.2 The Goods will be your responsibility from the time we deliver the Goods to the address you gave us or you collect it from us and you will only own the Goods when we have been paid for them in full, including all applicable delivery charges. More information can be found in our Delivery and Returns Policy.
6.3 For International orders (outside of the UK) your Order may be subject to import duties and taxes and other charges which are applied when the delivery reaches the destination country. Please note that we have no control over these charges, but we will offer you the option to pre-pay these at the checkout stage of your order, if applicable. You will be responsible for payment of any such import duties and taxes, and you can contact your local customs office for further information if required.
6.4 You must comply with all applicable laws and regulations of the destination country. We will not be liable or responsible if you break any such law.
7. PRICE AND PAYMENT
7.1 The prices on the Website are in the currency selected or specific to the delivery country selected, and are inclusive of all taxes and other charges which we are obliged to charge under Scots law. The prices do not include the import duties and taxes and other charges which are referred to in section 6.3 above. We will do what we reasonably can to ensure that the prices stated on the Website are accurate and up to date. In the event of any pricing errors, we will notify you by email and give you the opportunity to re-confirm your Order at the correct price.
7.2 You must pay for the Goods at the time of submitting your Order. If you pay through PayPal, we will not actually take payment until we issue the Confirmation. By submitting a credit or debit card number, you: (a) confirm that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card all amounts payable by you to us (including VAT and any other applicable taxes) in connection with your Order.
7.3 You may be subject to validation checks and/or third party authorisations depending on your method of payment.
8. YOUR RIGHT TO CANCEL
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and receive a refund during the period set out below in section 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund by submitting the form in Schedule 1 of these Terms. This cancellation right does not apply in the case of any Bespoke Items. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau.
8.2 You may cancel a Contract at any time from the date of the Confirmation until the date which falls fourteen (14) days after the day the Goods are delivered to you (or someone you nominate) receives the Goods, unless your Goods are split into several deliveries over different days. In this case you have until fourteen (14) days after the day you (or someone you nominate) receives the last delivery to change your mind about the Goods.
If you do wish to exercise this right to cancel, you must write to us at the address or email address provided above. Your cancellation is effective from the date you send us the e-mail or post the letter to us and we will process your refund within fourteen (14) calendar days of us receiving the refunded Goods, or you providing evidence of having returned the Goods to us (for example, a proof of postage receipt from the post office), whichever is the sooner. Refunds are made in the same form of payment originally used for purchase.
8.3 If you cancel a Contract under section 8.1 of these Terms and the Goods have already been delivered to you:
- (a) you must return the Goods to us as soon as reasonably practicable and within fourteen (14) calendar days of you giving us notice of your cancellation – we recommend that you return the Goods to us by Royal Mail Special Delivery (or an equivalent "signed for" delivery service);
- (b) provided that you use the Royal Mail UK returns label provided to you in connection with your Order, you will not be responsible for the cost of returning the Goods to us; and
- (c) you have a legal obligation to keep the Goods in your possession until such times as you return them to us and to take reasonable care of the Goods while they are in your possession.
8. In the event that you do not return the Goods to us in accordance with section 8.3 above, we shall be entitled to charge you our direct costs of recovering the Goods from you.
8.5 We may make a deduction if the value of the Goods has been reduced as a result of you handling the goods more than was necessary or which is detrimental in anyway.
9.1 Subject always to your right to cancel pursuant to section 8.1, Goods (other than Bespoke Items) may be returned within the period of twenty-eight (28) calendar days from the date of delivery to you, provided that the Goods are in new, unused and unworn condition and have the garment tags still attached. The Goods must also be accompanied by our despatch paperwork as proof of purchase.
9.2 The Goods should be returned to the following address: Johnstons of Elgin, ECommerce, Newmill, Elgin, Moray, IV30 4AF.
We strongly recommend that you send the Goods via our Returns services.
UK orders via Royal Mail. To create a Freepost Returns label please visit our UK RETURNS PORTAL.
International orders via DHL, the instructions on how to arrange a collection or your drop-off options are provided when you request your return via our INTERNATIONAL RETURNS PORTAL.
Please note you will require your order number and email address to request a return label.
If preferred we recommend to return Goods to us via Royal Mail Special Delivery (or an equivalent "signed for" delivery service) to ensure proof of delivery and insurance for the Goods. We cannot be responsible for any Goods which are lost in transit. Refunds will only be made to the card used to purchase the Goods and we will endeavour to process your refund within thirty (30) calendar days of us receiving the returned Goods.
10. OUR LIABILITY
10.1 If we fail to comply with these Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We will not however be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
10.2 Nothing in these Terms shall limit any rights you might have as a consumer or other legal rights that may not be excluded by law. We do not in any way exclude or limit our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) for breach of your legal rights summarised in section 5.6; and
- (d) defective Goods under the Consumer Protection Act 1987.
11. YOUR INFORMATION
12. OTHER IMPORTANT LEGAL TERMS
12.1 We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract which are caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects our Contract with you we will contact you as soon as reasonably possible to notify you. Please note our obligations under a Contract will be suspended for the duration of the Event Outside Our Control.
12.2 Each section of these Terms operates separately. If any of these sections (or any part of any section) is found by any court or relevant authority to be unlawful or unenforceable, the other sections (or other parts of the section in question) shall not be affected and shall remain in full force and effect. If any section of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some part of the section were deleted, the section in question shall apply with such deletion as may be necessary to make it lawful and enforceable.
12.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
12.4 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 for any third party to enforce or otherwise invoke any term of the Contract.
12.5 We may perform any of our obligations or exercise any of our rights under the Contract ourselves or where applicable, through any other persons (legal or otherwise) or entities.
12.6 We may transfer our rights and obligation under a Contract to another organisation but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.7 These Terms are governed by Scots law. This means that a Contract for the purchase of Goods through the Website and any dispute or claim arising out of or in connection with it will be subject to the laws of Scotland. You and we both agree that the courts of Scotland will have exclusive jurisdiction.
13. JOHNSTONS OF ELGIN EMBROIDERY SERVICE
13.1 If you choose to personalise Goods, these will be deemed Bespoke Items; and changes, returns, exchanges and cancellations cannot be accepted. Please see section 8.1 (Your Right to Cancel) above for further details. This does not affect your statutory rights.
13.2 Personalisation is available only on selected Goods, each applicable item will be marked as available for personalisation where relevant.
13.3 Personalisation will incur a surcharge per letter, for any given product available for personalisation.
13.4 We ask you to please allow an additional 2 working days, to our standard shipping guidelines, for all orders of Bespoke Items.
13.5 We cannot accept responsibility for any spelling errors. Please carefully check all spelling in your requested personalisation before submitting your Order.
13.6 Due to variations in computer monitors, the colour of personalisation lettering may vary slightly in the final deliverable product.
13.7 Our online preview seeks to provide a representation of the eventual product only. Stitching detail in the lettering is not represented and small nuances may occur in the eventual product. For further guidance prior to ordering you can email our customer service team at email@example.com and request example images of completed embroidery.
13.8 We reserve the right to cancel any orders which may be deemed defamatory, abusive or which may be deemed offensive to any person.
14. GIFT CARDS
14.1 Gift cards can only be used in full or part payment against purchases from Johnstons of Elgin UK stores, excluding coffee shops, concessions, outlet stores, website and telephone orders.
14.2 We regret that we cannot accept gift cards as payment on the Website at this time.
14.3 The total balance of your purchases will be deducted from the balance on your gift card, any remaining balance may be applied to future purchases.
14.4 Gift cards are not for resale and cannot be exchanged for cash. No change or refund will be given.
14.5 Gift cards will automatically expire 24 months after the last time you use it to make a purchase or check your balance.
14.6 Johnstons of Elgin cannot accept responsibility for your card if it is lost or stolen.
14.7 If any Goods purchased with a gift card are subsequently exchanged for an item of a lower price or refunded, any money owing will be added to the remaining balance on the card or evoucher.
14.8 Gift cards should be treated as cash. They are not cheque guarantee, credit or charge cards.
14.9 Johnstons of Elgin reserves the right to amend these Terms from time to time where it reasonably considers it necessary to do so. Reasonable notice of such changes will be given where possible.
14.10 By activating a gift card you accept and agree to these Terms.
15. ADDITIONAL TERMS
Triman - Unique Identification Numbers
The French Decree No. 2014-1577 has made it mandatory from 1 January 2015 to display the Triman Logo on recyclable products and packaging sold to consumers in France. The main reason for this symbol is to make it easier for consumers to understand how to sort their garbage. Products and packaging with the Triman Logo on them are meant to be collected in separate waste streams.
Refashion Unique Identification Number (UIN): FR321238_11EMAM
Leko Unique Identification Number (UIN): FR315681_01QBLJ
Last Updated: 21st July 2023