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Terms & Conditions of Sale

Our terms for online sale of goods

1. These terms

1.1 What these terms cover.

These are the terms and conditions on which we supply goods to you via our website. These terms do not apply to the supply of event and admission tickets or digital content via our website.

1.2 Why you should read them.

Please read these terms carefully before you submit your order to us. These terms form the entire agreement between us. 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. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are.

We are Historic Environment Scotland, a statutory incorporation established by the Historic Environment Scotland Act 2014, and a registered charity (Scottish Charity number SC045925) and having our principal office at Longmore House, Salisbury Place, Edinburgh, EH9 1SH. Our registered VAT number is GB 221 8680 15.

2.2 How to contact us.

You can contact us by telephoning our customer service team at 0131 668 8901, by sending an e-mail to shop@hes.scot or by writing to us at:

The Retail Team
Historic Environment Scotland
Longmore House
Salisbury Place Edinburgh, EH9 1SH

2.3 How we may contact you.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails.

When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order.

When you purchase from our website you will be guided through the process of placing an order by a series of simple instructions. Our acceptance of your order will take place when we email you the order confirmation to accept it, at which point a contract will come into existence between you and us. A copy of these terms and conditions will be enclosed in the order confirmation e-mail.

3.2 If we cannot accept your order.

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because we are unable to obtain authorisation for your payment, the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet the delivery deadline under these terms.

3.3 Your order number.

We will assign an order number to your order and tell you what it is when we send you an order confirmation. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We do not sell worldwide.

Unfortunately, we do not currently offer worldwide delivery. Please see our Delivery Information page for further information on where we can deliver.

4.Our products

4.1 Products may vary slightly from their pictures.

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary.

The packaging of the product may vary from that shown on images on our website.

4.3 Removal from website.

We may withdraw any products from our website at any time. Where we have not sent you an order confirmation in respect of such products creating an agreement between you and us, we will not be liable to you by reason of our withdrawing any products from the website.

5. Your rights to make changes

If you wish to make a change to your order 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(s), the updated delivery date 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.

6. Providing the products

6.1 Delivery costs.

The costs of delivery will be as displayed to you on our website.

6.2 When we will provide the products.

We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

6.3 We are not responsible for delays outside our control.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know 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 If you do not take delivery.

If the products are returned to us as undelivered, we will use our right to terminate the contract under Clause 9.1 below and will refund any payments you have made (subject to possible deductions outlined at Clause 9.2 ), by the method you used for payment, as soon as possible.

6.5 Your legal rights if we deliver late.

You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:

(a)  we have refused to deliver the products; or
(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.

 

6.6 Ending the contract for late delivery.

If you do choose to treat the contract as at an end for late delivery underClause 6.5, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us. We will pay the costs of postage. Please call customer services on 0131 668 8901 or email us at shop@hes.scot for a return label.

6.7 When you become responsible for the product.

The product will be your responsibility from the time we deliver the product to the address you gave us.

6.8 When you own goods.

You own the product once we have received payment in full.

6.9 What will happen to the information you provide us.

We will need personal information from you so that we can supply the product(s) to you. Your personal information will be retained and used in accordance with our Privacy Policy (https://www.historicenvironment.scot/privacy-policy)

6.10 Reasons we may suspend the supply of products to you.

We may have to suspend the supply of a product to:

(a)  deal with technical problems or make minor technical changes;
(b)  update the product to reflect changes in relevant laws and regulatory requirements; or
(c)  make changes to the order as requested by you or notified by us to you (see clause 5).

 

6.11 Your rights if we suspend the supply of products.

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the undelivered product(s) after you end the contract.

7. Your rights to end the contract

7.1 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 to get some or all of your money back), see clause 10;
(b)  If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c)  If you have just changed your mind about the product, see clause 7.3. 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;
(d)  In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.

 

7.2 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 (e) 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. The reasons are:

(a)  we have told you about an upcoming change to the product or these terms which you do not agree to;
(b)  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;
(c)  there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d)  we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e)  you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.5).

 

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).

For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4 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)  digital products after you have started to download or stream these;
(b)  products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c)  sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(d)  any products which become mixed inseparably with other items after their delivery.

 

7.5 How long do I have to change my mind?

How long you have depends on what you have ordered and how it is delivered.

(a)  Where you have bought goods (for example, t-shirts and stuffed toys), 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.

 

7.6 Ending the contract where we are not at fault and there is no right to change your mind.

If you do not have any other rights to end the contract (see clause 7.1), you can still contact us before it is completed and tell us you want to end it. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March. Please note that this right may not be applicable where we have provided products to you on a one-off basis and the products are delivered before the contract is due to come to an end under this clause.

8. How to end the contract with us (including if you have changed your mind)

8.1 Tell us you want to end the contract.

To end the contract with us, please let us know by doing one of the following:

(a)  Phone or email. Call customer services on 0131 668 8901 or email us at shop@hes.scot. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b)  Online. Complete the form.
(c)  By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.

 

8.2 Returning products after ending the contract.

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.   You must post them back to us. Please call customer services on 0131 668 8901 or email us at shop@hes.scot for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

8.3 When we will pay the costs of return.

We will pay the costs of return:

(a)  if the products are faulty or misdescribed; or
(b)  if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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 changing your mind) you must pay the costs of return.

8.4 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. However, we may make deductions from the price, as described below.

8.5 Deductions from refunds.

If you are exercising your right to change your mind:

(a)  We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the 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.
(b)  The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

 

8.6 When your refund will be made.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a)  In respect of goods, your refund will be made within 14 days from 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. For information about how to return a product to us, see clause 8.2.
(b)  In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

 

9. Our rights to end the contract

9.1 We may end the contract if you break it.

We may end the contract for a product at any time by writing to you if:

(a)  you do not make any payment to us when it is due;
(b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, complete address details or a valid e-mail address; or
(c)  if the goods are returned to us as undelivered.

 

9.2 You must compensate us if you break the contract.

If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided. Where the goods are returned to us as undelivered in accordance with clause 9.1(c), we may deduct our reasonable costs of return that you would be liable for if you had duly exercised your right to change your mind under these terms.

10. If there is a problem with the product

10.1 How to tell us about problems.

If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0131 668 8901 or write to us at shop@hes.scot or The Retail Team, Historic Environment Scotland, Longmore House, Salisbury Place, Edinburgh, EH9 1SH.

10.2 Summary of your legal rights.

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. 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.

If your product is goods, for example a T-shirt or a toy, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

  • up to 30 days: if your item is faulty, then you can get a refund.
  • up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  • up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.

10.3 Your obligation to return rejected products.

If you wish to exercise your legal rights to reject products you must post them back to us. Subject to clause 8.3, we will pay the costs of postage. Please call customer services on 0131 668 8901 or email us at shop@hes.scot for a return label.

11. Price and payment

11.1 Where to find the price for the product.

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2 We will pass on changes in the rate of VAT.

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3 What happens if we got the price wrong.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have 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.

11.4 When you must pay and how you must pay.

We accept Visa, Visa Electron, MasterCard, Visa Delta, and JCB. Payment will be debited from your account and cleared at the time when you place your order. The products will not be dispatched before payment is taken from you.

11.5 You confirm that the credit/debit card that is being used is yours.

11.6 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.

If the issuer of your payment card does not, for any reason, authorise payment to us, we will not accept your order in accordance with clause 3.2.

11.7 Membership discounts.

Membership discounts. Historic Environment Scotland will continue to use the Historic Scotland brand to provide membership continuity.

Holders of a valid Historic Scotland card are entitled to a 20 % discount on all products except reduced or sale items and where any such exclusion is indicated specifically on our website. To qualify for the discount you have to enter the current member’s discount code. Please consult the latest edition of your member’s magazine, or log into your account on the member’s website to get the discount code. Discounts cannot be applied after you have placed the order. Please refer to the Members’ handbook for the full Terms & Conditions.

12. Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but 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, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We are not liable for business losses.

We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. HOW ME MAY USE your personal information

13.1 Accuracy of information provided by you.

You must ensure that the personal information which you provide upon placing your order is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or use a name you are not authorised to use.

13.2 How we will use your personal information.

We will use the personal information you provide to us:

(a)  to supply the products to you;
(b)  to process your payment for the products;
(c)  to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us; and
(d)  where you sign up to receive our newsletter when placing an order for products on our website: to provide you with the newsletter to keep you informed you about updates and news relating to Historic Environment Scotland, but you may stop receiving these at any time by contacting us.

 

13.3 We will only give your personal information to third parties where the law either requires or allows us to do so.

14. Other important terms

14.1 We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2 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 to this in writing.

14.3 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

14.4 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, the remaining paragraphs will remain in full force and effect.

14.5 Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.6 Which laws apply to this contract and where you may bring legal proceedings.

These terms are governed by the laws of Scotland and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.