TERMS AND CONDITIONS OF IMAGES AND PHOTOGRAPHY
© J Gilmour & Co reserves all Copyright in photographs and print provided in this Web and otherwise as produced. Any infringement, whether by the replication of photographs or the repetition and/or plagiarism of print, will not be tolerated and J Gilmour & Co reserve the right to raise legal proceedings to protect its commercial interests.
TERMS AND CONDITIONS OF SALES
1.1. "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3. "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4. "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5. "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6. "Supplier" means J Gilmour & Co that owns and operates gilmourbutchers.co.uk and gilmourbutchers.com;
1.7. "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8. "Website" means Gilmourbutchers.com
2.1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5. Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6. Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3.1. All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason
3.2. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to wait until the Goods are available from stock, either take an alternative substitution product suggested by J Gilmour & Co which will be of equal or greater value at no additional cost or, in or cancel the order and receive a full refund within 28 days
3.3. Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold or cancel the promotional code at any time.
3.4. Existing customers (Buyers who have placed one or more order with the Supplier) are subject to a minimum order value of £40, when making use of free delivery or other promotional codes. This does not affect the Buyer’s right to place an order below this value if delivery is charged or if no promotional code is being used. This may not apply to special offers available to new customers only
4. PRICE AND PAYMENT
4.1. The price of the Goods and/or Services shall be that stipulated in our marketing communications including on the Website. The price is inclusive of VAT. The shown price excludes delivery charges.
4.2. When ordering online, the total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. When placing an order by telephone the total purchase price, including VAT and delivery charges will be confirmed by one of our telephone advisors before the order is placed for you.
4.3. After an online order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer. Consumers ordering by telephone will be offered an email to confirm the details, description and price of the Goods / Service purchased together with information on the right to cancel.
4.4. Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering.
4.5. Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
5. PERFORMANCE OF SERVICES
5.1. The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
5.2. The product star rating system used on this website is generated by genuine customer reviews, both positive and negative. The Supplier reserves the right not to publish any reviews containing content with the potential to offend.
6. RIGHTS OF SUPPLIER
6.1. The Supplier reserves the right to periodically update prices in marketing communications and on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2. The Supplier reserves the right to withdraw any Goods and/or Services from marketing materials or the Website at any time.
6.3. The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
6.4. The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the marketing communications or the Website or for refusing to process an order.
7. AGE OF CONSENT
7.1. Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
7.2. If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.1. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.2. The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date
8.3. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.4. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted
8.5. Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
9. CANCELLATION AND RETURN
9.1. The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9.2. Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective and/or need to be returned.
9.3. Goods to be returned must clearly show the order number obtained from the Supplier on the package.
10. LIMITATION OF LIABILITY
10.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14. CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
Strictly limited to 1 per customer/household
Any queries? Call us on 01467 629666. Lines open Monday - Friday: 8am - 8pm, Saturday: 9am - 4pm, and Sunday: 10am - 4 pm.
17. FACEBOOK GIVEAWAY TO 50 KEY WORKERS #50for50
17.1. Open to residents of the United Kingdom aged 18 years or over except employees of J Gilmour & Co and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
17.2. There is no entry fee and no purchase necessary.
17.3. The sole route to entry for the competition and details of how to enter are via www.facebook.com/gilmourbutchers
17.4. One person can nominate multiple people per post, as well as themselves.
17.5. Closing date for nominations will be Thursday 16th April 2020.
17.6. No responsibility can be accepted for entries not received for whatever reason.
17.7. We reserve the right to cancel or amend the competition and these terms and conditions without notice.
17.8. The gift is as stated and no cash or other alternatives will be offered. The prizes are not transferable.
17.9. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
17.10. Winners will be chosen from the list of nominated people using a random number generator. Winners will be notified within ten days.
17.11. If the winner cannot be contacted or do not claim the prize within twenty days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
17.12. Winners will be asked for proof of their ‘key worker’ status.
17.13. If they are unable to provide this, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
17.14. Our decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
FareShare Support Selection
18.1. J Gilmour & Co Ltd. will donate the sum of £5.00 for each transaction containing one unit of the “FareShare Support Selection” (product code D3635).
18.2. The donation will be made to FareShare (registered charity number 1100051).
18.3. The donation amount will be capped at a maximum value of £10,000, and once this amount has been reached, the initiative will end.
18.4. The donation will be made in one lump sum to FareShare no later than 30/06/20.
18.5. The initiative will be closed if and when the maximum capped donation amount has been reached prior to 10/05/20.
18.6. Only transactions where the items purchased include the FareShare Support Selection will be eligible for donations.
18.7. Donations are as stated and no cash or other alternatives will be offered. Donations are not transferable to any other charitable partner or individuals.
18.8. We reserve the right to cancel or amend the FareShare charitable donation initiative terms and conditions without notice.
18.9. Our decision in respect of all matters to do with the charitable donations to FareShare will be final and no correspondence will be entered into.
*Free delivery is only available for standard delivery, Tuesday - Friday, to addresses on the UK mainland, Isle of Wight, and Scottish Islands. Additional surcharges apply for: next day delivery, AM delivery, Saturday delivery, and deliveries to NI and Channel Islands - if in doubt please call first to check.
J Gilmour & Co reserve the right to replace any offer with something of equal or greater value. Cannot be used in conjunction with any other J Gilmour & Co offer including, but not exclusive to discount codes and free gift offers (unless otherwise specified).
Join the Dots Survey
19.1. This prize draw is open to residents of the UK, Channel Islands, Isle of Man and Republic of Ireland aged 18 years or over, except employees of J Gilmour &Co , their families, agents or anyone else professionally associated with the draw.
19.2. Details of how to enter form part of the terms and conditions. It is a condition of entry that all rules are accepted as final and that the competitor agrees to abide by these rules. The decision of the judges is final and no correspondence will be entered into.
19.3. Entry is by invitation only, via email and by completing the steps detailed in the email invitation. The winners will be chosen at random using random data-generating software from all entries received and verified by the research partner.
19.4. Entry is restricted to one per person, and only to the named J Gilmour &Co customer upon invitation via email. Late, illegible, incomplete or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt.
19.5. The winners will be drawn at random from all correct entries received by the closing date. All entries must be received by 12 noon on Friday 8th May 2020.
19.6. The winners will be notified via email and it is the winners’ responsibility to contact J Gilmour &Co to claim the prize.
19.7. The prize as described is available on the date of publication.
19.8. Three entrants will win an Amazon shopping voucher to the value of £50.00 only.
19.9. All elements of the prize are non-transferable, non-negotiable and there are no cash alternatives.
19.10. Events may occur that render the prize draw itself or the awarding of the prize impossible due to reasons beyond the control of the Promoter and accordingly the Promoter may at its absolute discretion vary or amend the promotion and the entrant agrees that no liability shall attach to the Promoter as a result thereof.
19.11. J Gilmour &Co is responsible for the promotion, including the publication and adjudication of the prize draw.
19.12. English law applies and the exclusive jurisdiction of the English Courts shall prevail. Promoter: J Gilmour &Co ,Harlaw Road, Inverurie, Aberdeenshire, AB51 4FR.
19.13. You are providing your information to J Gilmour &Co , Join The Dots InSites Consulting and not to any other party. The information provided will be used in conjunction with the following