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Terms of use

 

1. INTRODUCTION

Welcome to ScotlandbyMail!

By using ScotlandbyMail.com (the “Website”), you are agreeing to be bound by the following terms and conditions (the “Terms”).

ScotlandbyMail (also referred to as “we”, “us”, “our”) may change these Terms at any time by posting changes on the Website. Please review these Terms regularly to ensure you are aware of any changes made by us. Your continued use of our Website after changes are posted means you agree to be legally bound by these Terms as updated.

     

    2. WHO WE ARE

    ScotlandbyMail is an online marketplace providing services to connect buyers with small independent shops and individual sellers in Scotland. It is operated by Tuminds Ltd based in Inverness, Scotland.

     

    3. USING SCOTLANDBYMAIL 

    You must be 18 years of age or older and able to enter into a legally binding contract to buy or sell via our Website.

    ScotlandbyMail does not stock any of the items listed on or sold through the website. The contract for a sale is directly between buyer and seller.

    While we monitor the listings, we do not review all content provided by a seller or other user before it goes live. Sellers are responsible for the content of their product listings and related information provided to us and the buyers, and sellers are responsible for the safe and undamaged supply and delivery of the items sold through the website.

    You are responsible for keeping your password secure if you have chosen to create a buyer or seller account.

    You must not produce unwanted communications to other ScotlandbyMail users, nor threaten, intimidate, harass or otherwise abuse any other user.

    You must not post, list or upload false, inaccurate, misleading or defamatory content, including personal and/or business information.

    You must not modify or adapt or ‘hack’ the ScotlandbyMail Website or seek to create another website or communication to users that implies it is associated to ScotlandbyMail.

    You must not transmit or seek to transmit any viruses or worms or any code that seeks to alter the behaviour of the Website or that is in any way destructive. 

    We seek to promote legal activity and well behaved conduct on our Website. However, in using our services you understand and agree, that ScotlandbyMail is a marketplace and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use the ScotlandbyMail service at your own risk.

     

    4. REGISTRATION

    By registering with ScotlandbyMail you confirm you are over 18 years old and able to form legally binding contracts. If you are registering with ScotlandbyMail as a business entity you confirm that you have the authority to legally bind that entity.

    Any personal data you provide to us will be handled in accordance with our Privacy and Cookies Policy.

      

    5. SALES AND RETURNS

    The sales contract is between each individual seller and the buyer. ScotlandbyMail provides a service to facilitate that contract but is not responsible for it or its fulfilment.

    All product prices on the website will be displayed inclusive of VAT if applicable. VAT registered sellers agree to provide a VAT receipt when requested by a buyer after payment.

    The buyer has a right to terminate the contract and return the item even if the item is not faulty in any way, in accordance with the consumer's right in UK law. They have the right to do this up to 14 days after receipt of the items and a full refund must be made within 14 days of the seller receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner. Unless the seller has stated otherwise, the buyer is responsible for paying for the cost of return postage. 

    Unless faulty, the following types of items are non-refundable: items that are personalised, bespoke or made-to-order to your specific requirements; items which deteriorate quickly (e.g. food), and personal items sold with a hygiene seal (cosmetics, underwear) in instances where the seal is broken.

    To cancel or return an item the buyer must contact the seller in writing (email is sufficient). Sellers must provide a full refund of the cost of the item within 14 calendar days of receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner. If the goods have not yet been sent, refunds must be provided within 14 days of receipt of the notification of cancellation.

    The buyer has a consumer right to return goods if they develop a fault within six months of receipt of the goods. Depending on the circumstances, they may be entitled to a refund (full or partial), a repair or replacement. 

    If the item is lost in transit, unless proven otherwise, the seller should assume the contract is terminated and provide a refund or deliver the same item.

     

    6. DISPUTES

    We strive to ensure ScotlandbyMail is a safe marketplace. So, if you have an issue that you can't resolve with another buyer or seller directly, or you have concerns that a listing or seller might be violating a policy, or is fraudulent in some way, we're always ready to step in and help. 

    We cannot however guarantee the existence, quality, safety or legality of items listed; the ability of sellers to sell items; or that a buyer or seller will actually complete a transaction, deliver or return an item.

    While we may help facilitate the resolution of disputes, we are not responsible for resolving disputes, nor are we responsible for your actions or inactions or for the actions or inactions of other buyers or sellers.

    If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

     

    7. DATA PROTECTION

    We follow and encourage best practice with use of personal data. We comply with the principles of the General Data Protection Regulations (GDPR) when dealing with all data received from user of the site. We only hold the data necessary to offer services provided on our website, namely to allow users of the service to buy and sell and also contact one another. We also keep user data to allow us to contact you in the advent of account withdrawal or new passwords being provided. For more information see our Privacy and Cookie Policy.

     

    8. LIABILITY

    We try to keep ScotlandbyMail and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

    Whilst we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. We cannot ensure the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our site. 

    Nothing in these Terms seeks to limit or exclude consumers’ legal rights.

     

    9. GENERAL

    These Terms shall be governed by and interpreted in accordance with the law of Scotland.

    If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms which shall be valid and enforceable.

    These Terms cover user’s acceptance of the Privacy and Cookie Policy. 

    All policies, terms and agreements posted on our website may be changed from time to time. Changes take effect when we post them on the website.