Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to, and use of this website, is subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this website.

Definitions


In these Terms and Conditions [“Terms”], the following words and phrases shall have the following meanings:

“the Buyer” means the person, firm or company who purchases the Goods from the Company:

“the Company” means Laura Westville Scotland Limited – The Company’s registration number is SC447387 and its registered office address is 1A Cluny Square, Buckie, Moray AB56 1AH Scotland

“Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;

“Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;

“Place of Delivery” means the place to which the Goods are to be delivered;

“Studio Services” refers to the personalisation and/or private commission sewing and embroidery services offered by Laura Westville Scotland Limited.

In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.

  1. Term

1.1 These Terms are applicable to you upon placing an official order in writing or accessing the website to complete the shopping process.

1.2 These Terms, or any part of them, may be terminated by the Company without notice at any time, for any reason.

1.3 The provisions relating to Warranties, Copyright, Trademark, Disclaimer, Limitation of Liability, Indemnification, Force Majeure and General, shall survive any termination.

2.    About us and what we do

2.1 Laura Westville Scotland Limited designs, manufactures and sells high quality, bespoke and personalised items which have a strong Scottish influence; focus on family ancestry and national tradition.  The manufactured Goods include luxury soft furnishings, bespoke embroidery, quilts and kilts.

2.2 The Company’s physical address is Mains of Auchindachy, Keith, Moray AB55 5HT Scotland eml: Laura@laurawestville.com tel: +44(0)1542 882 704

2.3 The Company manufactures the unique Laura Westville DuDu™ range of children’s blankets and snuggles [comforters] as well as Memory Quilts and Memory Pillows;  converting hand written messages from friends and family into stitches in order to create one-of-a-kind items which record life’s special events such as births, engagements, weddings, anniversaries, bon voyage, new home, graduation, retirement etc.

2.4 The Company will take the Buyers own designs and/or ideas and create bespoke personalised items in the form of traditional clan banners, family crests, family trees, clan badge/mottos, coats of arms etc. The private commissioned embroidery can be made into a wide range of Goods including but not limited to:- unique decorative wall-hangings, throws, quilts, napkins, placemats, cushions, banners and bunting etc.

2.5 Pricing for private commissioned work is upon application. To obtain a quotation for a customised project, the Buyer should contact the Company to discuss their requirements.

 

2.6 A free consultation in person (locally) or by using FaceTime™, Skype™ or Google™ Hangout will be scheduled with the Buyer to discuss the project and from the meeting a quotation will be issued detailing the scope and cost of the work, as well as the time required to complete it.

3. Lead Times

For private commissioned work, depending upon the the number of items and/or the complexity of the work, the Company aims to complete the bespoke Goods within 7-21 business days from the date of purchase, unless otherwise stated by the Company in the quotation.

A period of 6-12 weeks is required to make a hand sewn made-to-measure kilt. A non-refundable deposit of £250.00 is required to cover the costs of the materials (some rare and ancient tartans may cost more) with the balance due prior to collection or shipping of the kilt.  

4. The Contract

4.1 The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.

4.2 No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.

5. Online Payments

5.1 The Company takes payment for its Goods and Studio Services through PayPal’s secure service and in addition makes use of a secure server.

It is not necessary for the Buyer to have a PayPal account in order to pay through PayPal. Credit or debit cards can be used via the PayPal secure service.

All sensitive/credit card information is transmitted via the Secure Socket Layer (SSL) technology and then encrypted into the Company’s database, as detailed in the Privacy Policy.

5.2 If preferred, electronic payments for Goods and Studio Services can be made to the Company’s bank account directly.

The Royal Bank of Scotland

Sort Code 83-23-17

Account Number 00637333

6. Orders By Telephone

6.1 The Company will take purchase orders over the telephone during normal office hours on tel: +44(0)1542 882 704

6.2 The Company’s normal office hours are Monday – Friday 10am – 5:30pm [GMT]

6.3 The Company will accept UK cheques made payable to Laura Westville Scotland Ltd and posted to Mains of Auchindachy, Keith, Moray AB55 5HT Scotland.

6.4 All personalised goods must be paid for in advance of customisation unless otherwise stated in the quotation.

6.5 Any payment shall not be deemed to have taken place until the Company is in receipt of cleared funds. It can take 4-5 business days for a cheque to clear.

7. Pricing

7.1 The pricing listed on the website and used in our quotations is in British Pounds Sterling unless otherwise stated.

7.2 All pricing shown on the website excludes delivery and insurance charges which are added at the checkout stage.

7.3 Written quotations are valid for 30 days unless otherwise stated.

7.4 The Company reserves the right to change its pricing at anytime.

8. Delivery and Insurance charges

8.1 The Company makes use of the UK Royal Mail and Parcelforce Worldwide services and the Royal Mail pricing for posting Goods to 220 countries internationally.

8.2 Delivery charges are calculated at the time of checkout or will be detailed in a Studio Services quotation. The postal charges depend upon the size and weight of the finished Goods.

8.3 As standard, the Company makes use of 1st class Royal Mail recorded delivery and purchases insurance coverage against damage and/or loss of the Goods in transit.

8.4 Current Royal Mail charges (including insurance coverage) are:

UK (£)

Europe (£)

World Zone 1 (£)

World Zone 2 (£)

Base Rate <999g

4.45

12.50

17.20

18.15

Exceeding 1kg < 2kg

6.60

16.65

22.75

24.45

http://www.royalmail.com/international-zones

8.5 If Royal Mail Special Delivery or Saturday Special Delivery is required, the Buyer should contact Laura Westville by telephone or email to arrange to pay the extra costs.  

8.6 Unless otherwise agreed in writing, the Place of Delivery shall be the address provided to the Company by the Buyer, at the time of purchase.

8.7 Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.

8.8 Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods, nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.

8.9 Estimated delivery times are as follows:-

UK Mainland                                1-2 days from the date of dispatch

Highlands/Islands of Scotland                1-2 days from the date of dispatch

Northern Ireland                        2-5 days from the date of dispatch

Other UK Islands                        2-5 days from the date of dispatch

International locations

Western Europe                                2-5 days from the date of dispatch

Rest of Europe                                5-10 days from the date of dispatch

USA & Canada                                5-10 days from the date of dispatch

Far East & Australasia                         5-10 days from the date of dispatch

9. Risk in and Ownership of the Goods

Risk in the Goods shall pass to the Buyer on delivery.

10. Returns Policy

10.1 Customised and/or personalised Goods cannot be returned nor payments refunded. It is therefore vital that the Buyer thoroughly checks all the details provided to the Company, at the time of purchase.

10.2 The Buyer undertakes to ensure that the spelling of names and/or other text or logos provided to the Company for embroidery is completely accurate, since personalised Goods cannot be returned nor payments refunded.

11. Accuracy of Colours

11.1 Every attempt is made by the Company to accurately reflect online the actual colours of fabrics and threads used to make the range of Goods. However colours may not be precisely represented on electronic screens and/or print-outs; nor match the actual fabrics and/or thread colours used on the Goods.

11.2 If the Buyer requires precise colours of the Goods, prior to making the purchase, a request for  free swatches of fabrics used (or to be used and/or threads) can be made, by sending an e-mail request to info@laurawestville.com 

11.3 The prospective Buyer will need to supply the reference number of the Goods being inquired about and the postal address where the Company can send fabric swatches (and/or threads) out for approval.

11.4 It should be noted that the Company sells its available stock to be enhanced or personalised on a first come first served basis and therefore the particular Goods may be sold to another Buyer during a colour clarification process.  

12. Warranties

12.1 The Company undertakes to thoroughly check that all Goods leaving its premises are made to a satisfactory standard of quality.

12.2 In the unlikely event of a significant material fault occurring within 90 days from date of delivery, the Buyer shall give written notice to the Company within 7 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question.

12.3 The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice, or alters or repairs the Goods without the agreement of the Company.

12.4 The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question; or if deemed appropriate by the Company, refunding the full purchase price of such Goods on the return of the Goods to the Company.

12.5 Goods found to be damaged by bleaching or by the use of other harsh laundering products, or excessive heat from hot water or tumble drying, or other heat sources such as the direct application of a hot iron, resulting in areas of scorched fabric and/or threads/trims will not qualify for any repair, replacement or refund.

12.6 Any such damage to the Goods caused by inappropriate care by the Buyer or in the case of a gift, the recipient of the Goods, will render the warranty null and void.

13. Complaints or Concerns

Any complaints or concerns regarding Goods and/or Laura Westville Studio Services should be sent

to the Company Founder at:

 

Mains of Auchindachy,

Keith,

Moray AB55 5HT

Scotland.

14. Copyright


14.1 The entire content included in the website, including but not limited to text, graphics or code is copyrighted as a collective work under copyright laws and is the property of the Company. The collective work includes works that are licensed the Company. Copyright 2015, Laura Westville Scotland Limited, ALL RIGHTS RESERVED.

14.2 Permission is granted to electronically copy and print hard copy of portions of the Laura Westville website or quotations for the sole purpose of placing an order with the Company or purchasing products and/or Studio Services from the Company.

14.3 You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with the Company or to purchase products and/or Studio Services from the Company.

14.4 Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the website (or quotation) is strictly prohibited, unless specifically authorised by the Company.

14.5 You further agree not to change or delete any proprietary notices from materials downloaded from the website or provided to you by the Company in a physical or electronic format.

15. Trademarks


All trademarks, service marks and trade names of the Company used in the website are trademarks or registered trademarks of Laura Westville Scotland Limited.

16. The Company’s right to refuse private commissions

16.1 The Company reserves the right to refuse and/or cancel orders requesting the digitisation of supplied third party images, text and/or symbols which may be deemed offensive.

16.2 This includes but is not limited to (a) images, text and/or symbols associated with any worldwide form of organised religion including Satanism, Paganism and/or Wicca witchcraft; and/or other materials which may be deemed (b) abusive, defamatory, or obscene, (c) fraudulent, deceptive, or misleading, (d) in violation of a copyright, trademark or; other intellectual property right of another or (e) offensive or otherwise unacceptable to the Company in its sole discretion.

17. Notice


The Company may deliver notice to you by means of e-mail, a general notice on the website, or by other reliable methods to the address you have provided to the Company.

18. Use of Website

18.1 Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.

18.2 Impersonation of others, including an employee of the Company or other licensed employee, host, or representative, as well as other members, visitors or Buyers on the website is prohibited.

18.3 You may not upload to, distribute, or otherwise publish through the website any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organisation.

19. Participation Disclaimer

19.1 The Company does not and cannot review all communications and materials posted to or created by users accessing the website and/or social media channels; and is not in any manner responsible for the content of these communications and materials.

19.2 You acknowledge that by providing you with the ability to view and distribute user-generated content on the website and social media channels, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website or social media channels.

19.3 However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to the Company in its sole discretion.

20. Typographical Errors

20.1 In the unfortunate event that a product is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any such orders placed for a product listed at the incorrect price. The Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card or current account charged.

20.2 If your credit card or cheque account has already been charged for the purchase and your order is cancelled, the Company shall issue a credit to your credit card account or issue a cheque in the amount of the incorrect price.

21. Indemnification


You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, business partners, agents, licensors and suppliers [collectively the "Service Providers"] from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms or any activity related to your account, including negligent or wrongful conduct, by you or any other person accessing the website using your Internet account.

22. Third-Party Links

22.1 In an attempt to provide increased value to our online visitors, the Company may link to websites or social media channels operated by third parties.

22.2 However, even if the third party is affiliated with the Company, Laura Westville Scotland Limited has no control over these linked websites or social media channels, all of which have separate privacy and data collection practices, independent of the Company.

22.3 These linked websites or social media channels are only for your convenience and therefore you access them at your own risk. Nonetheless, the Company seeks to protect the integrity of its website and social media channels the links placed upon them and therefore requests any feedback on not only its own website and social media channels, but for websites and social media channels linked to as well, including if a specific link does not work.

Please report any broken links to the webmaster@laurawestville.com

23. Limitation of Liability

The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the original purchase price of the Goods and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.

24. Force Majeure

If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, terrorism, fire, industrial disputes or civil uprising or commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.

25. General

25.1 If any part of these Terms is found to be void or unenforceable by any Court of a competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.

25.2 These Terms shall be governed by and interpreted according with the laws of Scotland and the parties agree to submit to the exclusive jurisdiction of the Scottish courts.  

Last updated March 2017

©2017 Laura Westville Scotland Limited. ALL RIGHTS RESERVED