1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2. Our right to refuse your order
2.1 We reserve the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if:
2.1.1 We have insufficient stock to deliver the goods you have ordered;
2.1.2 We do not deliver to your area; or
2.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
2.2 If we do refuse your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
3.1 The prices payable for goods that you order are as set out in our website.
3.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
3.3 All orders are processed in GBP at the prices displayed at time of order.
4. Right for you to cancel your contract
4.1 You may cancel your contract with us for the goods you order at any time up to the end of the 7th working day from the day after the date you ordered the goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.2 To cancel your contract you must notify us in writing.
4.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
4.5 If you cancel the contract but do not return the goods to us in the condition they were in when delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
5.4 Para 3.38 Distance selling laws: Goods may not be returned unless faulty if by reason of their nature they cannot be returned.
6. Fraud prevention
6.1 You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
6.2 We will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Cairngorm Bike & Hike
Boat of Garten
PH24 3BH. All notices from us to you will be displayed on our website from to time.
8. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10. Product data liability
Though we do our utmost to ensure the completness and accuracy of our product data and images, we cannot be held responsible for any mistakes such as incorrect product images or data. Returns on the basis of incorrect product data or imagery for the item you have ordered are up to the discretion of the management.
To return a item for any reasons, you must contact us within 7 working days of receipt of your order (Monday – Friday during office hours). After this period, we will consider refunds on a case by case basis, subject to the situation. Returns on the basis of circumstances beyond our control (such as good that are faulty or have been damaged in transit) will be at the discretion of the management.
With the exception of faulty items or goods damaged in transit, please note that we are not responsible for return postage. Once you have contacted us, you must take reasonable care of the products that you wish to return and not use them. Please ensure all items are wrapped securely in the original packaging. We recommend that you use insured registered delivery and keep the Proof of Posting receipt as we cannot be responsible for return parcels that fail to reach us.
Items must be returned within 14 days of receipt with the original packaging to qualify for a refund.
11. Governing Law
The contract between us shall be governed by and interpreted in accordance with Scottish law and the Scottish courts shall have jurisdiction to resolve any disputes between us.
12. Entire agreement
10.1 Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us; and,
10.2 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.