Terms of Supply by Scot JCB
1. WHAT ARE THESE TERMS
1.1 What these terms cover: These are the terms and conditions on which we supply products as listed on our website (“Products”) to you through use of the online checkout. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.2 Why you should read them: These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully before ordering any Products from our site or via our mail-order number. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Print or Save: You should print a copy of these Terms or save them to your computer for future reference.
1.4 Legal rights: If you are procuring Products as a consumer you may have legal rights in relation to Products that are faulty or not as described and in relation to delivery. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
2. ABOUT US
‘we’, ‘us’, ‘our’ means Scot JCB Ltd, a company registered in the UK SC51692 and with our registered office at 398 Townmill Road, Glasgow, G31 3AR. Our VAT number is GB260629365.
3. COMMUNICATIONS BETWEEN US
3.1 Writing includes emails: When we refer, in these Terms, to "in writing" or “written”, this will include e-mail.
3.2 How to contact us: If you wish to contact us in writing, you can send this to us by e-mail to email@example.com or by pre-paid post to Scot JCB, 398 Townmill Road, Glasgow, G31 3AR. You can always contact us at our Head Office on 0141 556 6521. There is also a contact form on the site.
3.3 How we contact you: If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. In certain circumstances such as change of delivery date or stock issues we may contact you on the telephone number you provided.
3.4 Electronic communication: For contractual purposes, you agree to 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 condition does not affect your legal rights.
4. BASIS OF SALE CONTRACT
4.1 Order Process: Our website is set-up to guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Whilst we endeavour to make it only possible to order an item if it is stock, due to the nature of trade there may be circumstances where an order nonetheless proceeds.
4.2 Your offer to buy: When you confirm and pay for your order, you offer to buy the Products at the prices indicated including any delivery charges that apply to your purchase.
4.3 Acknowledgement of receipt of order: After placing an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in the paragraph below.
4.4 Acceptance of order: We will confirm our acceptance of your order by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
4.5 If we cannot accept your order: If we are unable to supply you with a Product, for example because that Product is not actually in stock or no longer available or because of an error in the price or description on our site, we will inform you of this by e-mail or by phone and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
5. PAYMENT AND PRICES
5.1 Where to find the price for the Product: The price of the Products and our delivery charges will be as quoted on the site at the time you submit your order and will be advised during the check-out process before you confirm your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of the Product(s) you ordered, please see Paragraph 5.3 for what happens in this event.
5.2 VAT changes: The price of a Product is VAT inclusive (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.3 Price errors: It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you;
(b) if the Product's correct price is higher than the price stated on our site, we will contact you in writing by e-mail as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we do, however, accept and process your order where a pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. We do not have to provide the Products to you at the incorrect (lower) price.
5.4 When you must pay and how you must pay: Payment can be made using Master Card, Visa, Switch, Delta, Maestro and Paypal. Payment for the Products and all applicable delivery charges is at the time of order.
6.1 Delivery costs: The following delivery costs apply: To mainland UK addresses delivery will be charged at £12. This excludes the Isle of Man, Isle of White, Ireland, Highlands and other offshore Islands. An additional surcharge will be made payable for deliveries outside of Mainland UK based upon postcode. This will be calculated at checkout.
We currently do not provide deliveries to anywhere outside of the UK.
6.2 When we will provide the Products: Orders placed before 3:30 pm Monday - Friday will be despatched the same day. Any orders placed over the weekend or past 3:30 pm on a Friday will be processed the following Monday (Subject to bank holidays and public holidays). We will deliver Products to you as soon as reasonably possible. Orders are usually dispatched, depending on the time of the order and whether the item is in stock, either same day or next day, from the date of the order being placed if the order is accepted although some products do have a specified longer dispatch time on the product page. In any event accepted orders will be dispatched within 30 days of the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order).
6.3 We are not liable for events outside of our control: In the event that we are unable to meet the original estimated date in a significant manner then we will endeavour to contact you but if we are unable to meet the 30 day delivery date because of events outside of our control, we will certainly contact you to let you know with a revised delivery date and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
6.4 Notification of dispatch: We will notify you by email when your order has been dispatched (“Dispatch Confirmation”).
6.5 Standard Delivery Method: Standard delivery to UK mainland is by DPD or TNT courier or, if you elect through the ordering process, by delivery to your chosen JCB dealer.
6.6 If you are not in when the Product is delivered to your delivery address: All deliveries require a signature at the point of receipt. If the delivery service is unable to obtain a signature because the recipient is out, they will then try to redeliver the next day following which a card will be left so that a re-delivery or collection from a local depot can be arranged. If you need to alter the address for delivery prior to dispatch, please e-mail firstname.lastname@example.org or phone 0141566521.
6.8 Delivery requirements: Certain products, due to their size and weight, will require you to have in place certain unloading requirements which shall be notified to you in the Dispatch Confirmation.
6.9 When you become responsible for the Products: The Products will be your responsibility from the completion of delivery to the address you gave us or at the point at which you collect it from your chosen JCB dealer.
6.10 When you own the Products: You own the Products once we have delivered them to you.
6.11 Your legal rights if we deliver late: If you are purchasing as a consumer, you have legal rights if we deliver goods late. If we miss the 30 day delivery deadline for any Products then you may treat the contract at an end straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
6.12 Setting a new deadline for delivery if we deliver late: If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under the above paragraph, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.13 Ending the contract for late delivery: If you do choose to treat the contract as at an end for late delivery under the above paragraphs you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us (in person or by posting) or allow us to collect them. We will pay the costs of postage or collection. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.
Your rights to make changes:If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract and the following conditions set out your right to do so.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Section 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Section 8.2;
(c) If you have just changed your mind about the product, see Section 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation if you are buying as a consumer and not in the course of trade. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Delivery section).
8.3 Changing your mind: As a consumer, for products bought online you have a legal right to change your mind within 14 days. This means that during such period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) sealed lubricant products, once these have been unsealed after you receive them;
(b) any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? You have 14 days after the day 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 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.6 To end the contract with us (including if you have changed your mind) tell us: To cancel a Contract in accordance with your legal right to do so, you just need to let us know. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will email you to confirm we have received your cancellation. You can also print off the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. You can also contact our Customer Services telephone line or e-mail us at email@example.com on 01415566521 to tell us. If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
8.7 Returning Products after ending the contract: If the Products were already dispatched or delivered to you before you decide to end your Contract you must return the Products to us. You can send it back to us at our returns address of eCcommerce Returns, Scot JCB, 400 Townmill Road, Glasgow, G31 3AR or if they are not suitable for posting allow us to collect them from you. Further details will be given when you contact us to tell us that you wish to end the contract. If you are exercising your right to change your mind you must send off the goods not later than 14 days after you let us know that you wish to cancel the Contract.
8.8 When we will pay the costs of return: We will pay the costs of return:
If the Products are faulty or not as described;
If you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances, including where you are exercising your right to change your mind, you will be responsible for the cost of returning the Products to us.
8.9 What we charge for collection: If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection. The costs of collection will be at the cost we are charged by our logistics providers (which would be at the rate of the original shipment unless circumstances have changed such as product location etc).
8.10 How we will refund you: We will refund you the price you paid for the Products including delivery costs, by the method you used for payment.
8.11 Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.12 Refund of delivery costs if you exercise your right to change your mind: we will only refund what you have paid.
8.13 When your refund will be made: We will process the refund due to you as soon as possible and, in any case, if you are exercising your right to change your mind then:
(a) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;
(b) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract because you have changed your mind.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 Where you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01415566521 or write to us firstname.lastname@example.org
9.2 Your obligation to return rejected products. If you wish to reject products you must contact us and we will advise as to how to return them to us. 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. We will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We will refund you by the method you used for payment.
10.1 Every effort to ensure website correct: Every effort is made to ensure that all the information provided on the website is correct at the time of publishing.
10.2 Products may vary from images. The images of the Products on our site are illustrative only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device’s display accurately reflects the Products. Your Products may vary slightly from those images. Sometimes our images use props, in these cases the product description or list clearly defines what is being advertised for purchase.
10.3 Product packaging may vary: Product packaging may vary from that shown in images on our website.
11. OUR LIABILITY
11.1 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if we both know it might happen at the time we entered into the Contract.
11.2 We have no liability for any effects on any business as a result of any breach of these terms, loss of profit, loss of business, business interruption, or loss of business opportunity whether direct or indirect or any incidental or consequential losses.
11.3 We do not in any way exclude or limit our liability where it would be unlawful to do so which includes liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) for breach of your legal rights where purchasing as a consumer in relation to the products including the right to receive product which are as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and
(d) defective products under the Consumer Protection Act 1987.
Note, we expect that customers have the necessary professional and technical skills, knowledge and qualifications, as well as the necessary equipment and tools, to determine the product requirement for their JCB machines and to be able to correctly install the Products purchased. Specific repair or maintenance operations must be performed with the appropriate specified equipment and tools, and replacement parts or components, as detailed in the appropriate manuals for the relevant JCB machine. Any repair or maintenance operation undertaken on the basis of, as a result of or in connection with the technical information published on this website is performed under the sole responsibility of users, and neither JCB, nor any of its affiliated companies or any of its distributors can be held liable for any bodily injury, damage to property, loss, expenses or any other damage, or any infringement to any laws or regulations, as a result of any such repair or maintenance operation.
When parts replacements are necessary, always use the same part number or equivalent parts.
12. OTHER IMPORTANT TERMS
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within [7 days] of us telling you about it and we will refund you any payments you have made in advance for products not provided.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates 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.
12.5 Which laws apply to this contract and where you may bring legal proceedings. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You can bring legal proceedings in respect of the Products in the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. We will not file a copy of the Contract between us.
12.6 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please note the European Commission Online Dispute Resolution platform.