TERMS AND CONDITIONS OF SALE
In these Terms and Conditions;
- The terms "we", "our" and "us" are used to refer to CalMac Ferries Limited of The Ferry Terminal, Gourock, PA19 1QP, company number SC302282.
- The words "written" or "writing" in reference to communication include emails.
These Terms and Conditions apply to our supply to you of products listed in the CalMac online shop, available at [insert URL]. You should read these carefully before submitting an order to us, as by ordering any of our products you agree to be bound to these Terms and Conditions. We reserve the right to change these Terms and Conditions, so we recommend that you read these each time before making a new purchase.
If you have any comments or questions relating to these terms, please contact us using the details provided in section 19 of these Terms and Conditions.
1.1. While we take care to ensure that the images of the products on our website are as accurate as possible, these are for illustrative purposes only. As the colours shown in the images may depend on the display on which they are viewed, your product may vary slightly from the image on the website.
1.2. All sizes and measurements of the products are approximate.
1.3. The products sold through our website are for domestic use only and are not for resale.
2.1. Prices are inclusive of value added tax (VAT).
2.2. VAT is deducted on the products where the delivery address is outside the EU, in accordance with HM Revenue and Customs regulations.
2.3. The total cost of your order is the price of the products ordered plus delivery charges.
2.4. The currency converter provided on the website is for information purposes only and is an approximation of the exchange rate on the day.
2.5. The price is not inclusive of any foreign currency charges that may be added by the bank in the country where you are billed.
2.6. Even where prices are shown in another currency, the order will be charged in Pounds Sterling.
2.7. In the unlikely event that you have submitted an order for a product that has been wrongly priced and we discover this before accepting your order, we are not required to supply the products at this price. In this event, we will notify you of the error in price and will give you the option of cancelling your order or confirming it at the correct price. If you choose to cancel, no payment will be taken for the order.
3. PLACING AN ORDER
3.1. Products are displayed on our website as an invitation to treat and do not constitute an offer to sell.
3.2. Any order placed by you to our online shop will be treated as an offer to purchase the products from us.
3.3. When you place an order you will receive an acknowledgement by email, which will include an order number. This is a notification of receipt of your offer and does not mean that it has been accepted.
3.4. When we are prepared to accept your offer, we will send you a notification of acceptance of the order by email. From this point there will exist a contract for the supply of goods by us to you.
3.5. Any discounts triggered by the entry of a promotional code will be shown on the payment page and applied when the order is accepted.
3.6. Once your order has been dispatched, we will send you an email confirming this and your payment method will be charged.
4.1. In order to submit an order, you must provide details of your proposed method of payment.
4.2. While processing is reserved against your method of payment at the time your order is submitted, you will not be charged until we confirm your order and dispatch the products to you.
4.3. Payment can be made using one of the following methods:
- Visa Debit
- Visa Electron
- International Maestro
4.4. We do not accept payment by cheque or postal order.
4.5. Cardholders will be subject to validation checks and authorisation by the card issuer.
4.6. We will not be liable for any delays caused by card validation checks and authorisations by the card issuer that cardholders may experience.
4.7. If there are problems processing your payment method, we will notify you within one working day. We are not responsible for any delays this may cause.
5.1. Charges for the delivery will be displayed during the checkout process, before you can choose to submit the order.
5.2. Charges will vary depending on which region the destination of delivery is in - please note that current products are posted to UK only.
5.3. Standard delivery charges vary per item, and will be contained within the product description.
5.4. We reserve the right to vary the standard shipping charges shown above on certain items which are unusually high in weight, volume or value. If for some reason the cost of delivery of a product in your order will fall outwith the standard rates, a customer service representative will contact you before your order is confirmed, to advise of the final delivery cost.
5.5. We will deliver products to you as soon as reasonably possible and within 30 days of the date your order is accepted.
5.6. We are not responsible for delays outwith our control. If our supply of any product is delayed then we will notify you and will take steps to minimise the effect of the delay.
5.7. We are not responsible for any additional customs charges or fees delivery to your region may incur. We cannot estimate what these charges will be. Please contact your local customs office for further information.
5.8. If delivery of an order is refused and the package is returned to us, you will be liable for the cost of that return.
5.9. If you provide an incorrect delivery address or fail to collect your order from the place of delivery, we will not be responsible for any losses suffered.
6. MAKING CHANGES TO YOUR ORDER
6.1. If you wish to make any changes to an order after it has been submitted, please submit a request to us in writing.
6.2. If the change is possible, we will provide you with updated terms reflecting changes to the price of the product, timing of supply or anything else which will change as a result of your request.
6.3. If you accept our revised terms, a contract for the supply of goods by us to you will exist from that point.
6.4. You must request any changes before we notify you that the order has been dispatched.
6.5. If we cannot accommodate your requested changes, you will have a right to cancel the order (which you must promptly do in writing) and if you do so, no payment will be taken.
7. REJECTION OF ORDERS
7.1. There may be circumstances in which we are unable to accept part or all of your order. These include, but are not limited to:
- the chosen product is out of stock;
- we have been unable to process your payment;
- we are unable to meet a delivery deadline as requested by you; or
- the order requires shipment to a war torn or unstable country or area.
7.2. If we are unable to accept your order, we will notify you accordingly and will not take payment.
8. IF THERE IS A PROBLEM WITH THE PRODUCT
8.1. If you believe a product in your order is damaged or faulty, you must promptly notify us using the contact details in section 19 of these terms and we will then propose an appropriate solution.
8.2. If you notify us within 28 days of receipt of the product, we may offer the choice between a full refund, repair or replacement.
8.3. If you notify us between 29 days and 6 months following receipt of the product, we may offer the choice between a repair or a replacement.
8.4. We reserve the right to inspect the damaged or faulty product before offering any solution.
9. CANCELLING THE CONTRACT
9.1. You have the right to cancel the contract immediately if:
- there has been a change to the product or terms which you have not agreed to;
- we have informed you of an error in the price or description of the product you have ordered, or of an increased delivery charge, and you do not wish to proceed;
- we have informed you that delivery of products may be significantly delayed because of events outside of our control;
- we have suspended, or will suspend, the supply of the product for technical reasons for a period of over 14 days; or
- you have a legal right to cancel the contract as a result of something that we are responsible for.
9.2. If you choose to cancel the contract, no money will be taken from your chosen payment method.
9.3. If we have already taken payment for your order, this will be refunded in line with the procedure set out in section 12 of these terms.
10. MAKING A RETURN
10.1. If you are not satisfied with any product that you have purchased, you can return it to us within 28 days of receipt, provided that it is still in the original sealed or re-sealable packaging.
- When returning any product you need to give us a written explanation of the reason for the return. Please include details of the product purchased, when it was purchased and received and your name and address.
- When we receive your request to cancel, we will send you an acknowledgement.
10.2. If you are a UK or EU customer, you have the right to cancel your product order at any time up to 28 days after the date of delivery.
- If an order is split into multiple packages, the time period for cancellation will run from the day on which the last package is received.
- This right does not apply to products that have been personalised, products sealed for health protection or hygiene purposes, CDs or DVDs where the seal has been removed or food items.
- This is in line with your rights under the Consumer Contract Regulations 2013.
10.3. If you choose to cancel the contract for any reason after your order has been dispatched, you must return the products to us without undue delay.
10.4. In cancelling the contract and returning the goods, if applicable, you will be entitled for a refund in line with the process described in section 12 of these terms.
10.5. All returns should be sent to:
CalMac Ferries Limited
10.6. When returning products you should obtain a proof of postage, as we will not be liable for returns which do not arrive at the return address.
10.7. All products intended for return should be handled with reasonable care and returned in their original condition. If you fail to meet this requirement, you will be liable for the cost of any damage to the products.
10.8. In exceptional cases we may waive the requirement to return by notifying you in writing.
11. COST OF RETURNS
11.1. We will pay the cost of return if:
- the products are faulty or have been misdescribed;
- there has been an error in pricing;
- there has been a delay in delivery due to events outside of our control; or
- you have a legal right to return the goods as a result of something that we are responsible for.
11.2. We will only pay the cost of return up to the value of the original delivery charge.
11.3. In all other circumstances, including those described at section 11.1 above, you must pay the cost of returns.
12. REFUND PROCESS
12.1. Refunds will be made using the original method of payment.
12.2. If you have decided to cancel your order, you will receive a refund within 14 days of the date you inform us of your decision.
12.3. If we have agreed to refund part or all of your purchase but the relevant product has been dispatched, you will receive a refund within 15 days of the date upon which we receive the product from you or, if earlier, the date upon which you provide us with evidence that you have sent the product back to us.
12.4. If you return an item given to you as a gift, the original payment card will be refunded.
13. VARIATION OF TERMS
13.1. We reserve the right to revise these Terms and Conditions from time to time.
13.2. You will be subject to the Terms and Conditions displayed on our website at the time you place your order.
13.3. In the event that we are required by law to make any change to these Terms and Conditions and this will affect your order, we will notify you of this before your order is dispatched.
14. FORCE MAJEURE
14.1. We are not responsible for any failure to fulfil our obligations under any contract, in whole or in part, resulting from any Force Majeure event.
14.2. In these Terms and Conditions, a "Force Majeure event" means any act, omission or event beyond our reasonable control, including but not limited to the following:
- industrial action, strikes or lock-outs by employees of third parties;
- earthquake, storm, flood or other natural disaster;
- damage to or destruction of premises or equipment;
- exercise of emergency powers by any United Kingdom governmental authority whether national, regional or local; or
- any interruption in our ability to use the railways, shipping, aircraft, motor transport or public/private telecommunications.
When you shop on our website, we collect certain personal information from you, including your name, email address and billing address. Please see our Privacy Notice for details of how we may use the personal information you provide to us.
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited or excluded by law.
16.2. We are only responsible for foreseeable loss and damage caused by us.
16.3. Products are supplied for domestic and private use and as such we are not liable for business losses.
16.4. These Terms and Conditions do not create any rights in favour of third parties under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any provision of these Terms and Conditions.
If any provision in these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions within these terms, all of which will remain in full force and effect.
18. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and the parties submit to the exclusive jurisdiction of the Courts of Scotland to settle any dispute or claim that arises out of or in connection with these terms.
19. CONTACT US
19.1. You can contact us by:
Telephone at +44 (0)1475 650363 .
An operator will be available:
Monday - Friday: 8:30 a.m. - 5:00 p.m.
CalMac Ferries Limited