Terms & Conditions

This site has been developed by MMS Almac Ltd.

1 ACCEPTANCE OF TERMS

Your access to and use of www.weegooseberry.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3 CHANGES TO WEBSITE

The Wee Gooseberry reserves the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that The Wee Gooseberry or the Site Developers shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 COPYRIGHT

5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to The Wee Gooseberry and/or the Site Developers or otherwise used as permitted by law.
5.2 Some images and content within this site may have been provided by third parties. On these occasions the Site Developers have clearly stated the current copyright laws and have gained assurances from those third parties that this content can be used as permitted by law.
5.3 Any perceived copyright infringements should be intimated to the Site Developers so the appropriate actions can be taken to resolve the situation.
5.4 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, The Wee Gooseberry and the Site Developers will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 The Wee Gooseberry and the Site Developers make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of The Wee Gooseberry and/or the Site Developers for death or personal injury as a result of the negligence of The Wee Gooseberry , and the Site Developers or that of their employees or agents.

7 INDEMNITY

You agree to indemnify and hold The Wee Gooseberry and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against The Wee Gooseberry arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and you hereby submit to the exclusive jurisdiction of the Scotland courts.

10. Distance Selling Regulations

Under the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations"), UK customers have the right to cancel an order placed with us within 7 (seven) working days of receipt of the goods, This does not include items that have been personalised or made to your specifications; video recordings, food or other items that you have unsealed; or cost of carriage. The Regulations are designed to protect consumers when buying products by mail order or over the internet as opposed to in person in a shop.

To cancel an order under the Regulations you must notify us in writing by first-class post, fax, or e-mail, quoting your name, address and contact telephone number. Our Company Details and address for postal notification of cancellation, any written complaints, and for returning goods is:
The Wee Gooseberry
20 High Street
Grantown on Spey
Morayshire PH26 3HB
Telephone 01479870077
theweegooseberry@aol.com

The effect of the Regulations is to allow a UK customer to withdraw from the contract as if it had not been made. However, there are certain important conditions and limitations. Please read them carefully. These are:-

Cancellation must be in writing, by first class post, fax, or e-mail. A telephone call is not sufficient.
You must return the goods to us AT YOUR EXPENSE (including all packaging, product boxes, etc.) unopened and in exactly the same condition in which the goods were supplied to you. This means that you must not destroy or dispose of the packaging in which the goods are supplied until you know that you do not intend to return the goods.
Please note that proof of posting is NOT proof of receipt. You are liable for the goods until they are delivered to us, and we will not reimburse you until the goods are returned to us in good (fit for resale) condition. We strongly advise you to use Royal Mail Special Delivery or other insured and tracked delivery service for this purpose in order to be sure that any goods returned are delivered safely to us.
If goods returned to us are found to be damaged, we will not refund any money. We will tell you this in writing by letter, fax, or e-mail. The goods will then be kept at our premises for 90 days from the date of that written notice, after which time we will dispose of them without any further notice to you. You may collect the goods from us before the expiry of the 90-day period, if you wish, or you may pay us to return them to you as long as you tell us in writing before the expiry of the 90-day period.

ANY GOODS RETURNED TO US ARE NOT OUR RESPONSIBILITY UNTIL DELIVERED TO OUR SHOP. WE ACCEPT NO LIABILITY FOR DAMAGE IN TRANSIT.

We therefore recommend that you use the Royal Mail Special Delivery service to return goods to us. This service is available from any Post Office, and provides a guaranteed next working day delivery, with a signed receipt, plus insurance of up to £100, for a very reasonable cost.

Please contact us to discuss a possible return BEFORE you send anything to us.

These conditions do not affect your statutory rights.


Your Privacy

When you order goods from us, or otherwise give us personal information, The Wee Gooseberry, will not share that information with third parties without your permission, other than for the limited exceptions listed below.

We may contact you regarding your order and with your permission, to alert you to special offers, updated information, other services or events that you may be interested in.
We occasionally hire other companies to provide limited services on our behalf, including mailing and delivering purchases. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
The Wee Gooseberry will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: Conform to the edicts of the law or comply with legal process; Protect and defend the rights or property of The Wee Gooseberry ; Act in urgent circumstances to protect the personal safety of other site

11. Mail Order Costs

The site is posted with a price for Postage and Packing this is based on an individual product being posted. For larger orders the cost may vary according by weight, this extra cost if any will be notified to you before goods are shipped. We do not charge any extra to have goods sent out same day, we will endeavour to dispatch your order within 24 hrs of receiving order, this will only change if item is out of stock or special order. Special orders cannot be refunded.