Terms & Conditions

1 Binding Contract

1.1

By placing an order with us the Customer will be entering into a legally binding contract incorporating these Terms and Conditions. If the Customer has any questions on these, then the Customer should contact us before placing an order. If the Customer places an order the Customer will be deemed to have understood these terms and conditions and to have accepted them.

1.2

The offer by us of any goods does not constitute a legally binding offer to sell. A Contract between the Customer and Mearns T McCaskie for the sale of our products will only exist once an order has been placed by the Customer and accepted and processed by us(at which point the buyer’s credit/debit card will be charged for the value of the goods ordered). This does not affect the Customer’s statutory rights.

2 Applicable Law

2.1

These Terms and Conditions and the Customer’s use of our web site are governed by Scots law and by placing an order the Customer agrees to submit to the non-exclusive jurisdiction of the Scottish court. This does not affect the Customer’s non-excludable statutory rights.

2.2

This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. In the case of orders placed from outside the United Kingdom or for delivery there, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK or for delivery there complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under the Customer’s local law are not offered the Customer.

3 Price Change

Prices and availability of goods are subject to change without notice. This means that the price confirmed after placing the order may be different to that charged at delivery. Every effort is made to ensure that this will not happen. A delivery charge will be added to the order value where appropriate, please see delivery information.

4 Right To Cancel

The Customer may normally cancel an order for any reason prior to the order being prepared for despatch. If the Customer does cancel the contract within this time any payments made by the Customer will be refunded in full within 30 days.

Christmas orders that include turkeys are not subject to cancellation and no refund will be given.

5 Returns Policy

5.1

If the Customer is not entirely delighted with the products ordered the Customer may return them to us and we will offer a refund or replacement as appropriate.

5.2

We do not accept items for a refund or exchange if they have been damaged due to incorrect handling or storage by the Customer. The requirements for handling and storage are set out in our Product Care page or the instruction leaflet enclosed with the order

6 Payment and Taxes

We accept online payment in a secure environment by credit or debit card. We currently accept Visa, MasterCard, Delta, Switch and American Express. All transactions are shown in £ sterling. We take payment at the time of order as our products are prepared to order.

7 Prices

All prices quoted on this website are accurate at the time of publication and are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate. The current rate of VAT is 20%.

8 Customer Guarantee

If the Customer’s credit/debit card is used fraudulently as a direct result of being used to buy from our site, then we will assume liability for the first £50 of your loss. Yhe Customer credit card company is obligated to take responsibility for the rest.

9 Stock

We endeavour to display through this website all items in our current range. We aim to hold stock of all products, however occasionally an item will be out of stock and if this is the case this will normally be indicated on the website.

10 Delivery Dates

10.1

Any dates quoted for delivery are estimated delivery dates only and may be subject to change. We accept no liability for any loss or damage (whether direct or indirect) for delivery at any time either before or after the estimated date for delivery.

10.2

All orders received before 11am Monday to Thursday will, subject to availability (and unless the Customer requests delivery at a later date), be despatched on the following day for next-working-day delivery.

10.3

Orders received after 11am, or Friday to Sunday will be despatched (subject to the above) on the next working day.

11 Delivery

11.1

Stock permitting, all orders placed on the web are usually despatched using a “next working day” carrier service. During the busy Christmas period, we will endeavour to advise the Customer if there are likely to be any small delays. In the event that an item is temporarily out of stock, we will notify the Customer of the delay and despatch it as soon as it arrives.

11.2

Standard “next working day” delivery is available to most UK addresses. Some remote areas of Scotland are subject to extended delivery times

11.3

If we are unable to deliver on the specified day due to adverse weather conditions or other circumstances beyond our control, we will endeavour to deliver at the next earliest opportunity.

11.4

Delivery times to Northern Ireland, Scottish Islands, Isle of Man, Scilly and Channel Islands will vary.

12 Conformity Of Goods

We take reasonable care to ensure that the description and specification of our products are correct at the time of going to press.

Vintages of wines do change, sometimes without notice, when suppliers stock moves to the next . If the advertised vintage as stated is unavailable, the newest / current vintage WILL be dispatched.

13 Alcohol

The Customer must be 18 years old or over to order or receive wines, beers and ciders. By placing an order the Customer confirms that the Customer and/or the recipient are at least 18 years old.

14 Disclaimer & Limitations of Liability

14.1

For the purposes of this Clause “Mearns T. McCaskie” includes the firm, the partners thereof, any associated company owned by the firm or the partners and the directors, staff , agents or representatives of the firm or of such company

14.2

Mearns T. McCaskie shall be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by the Customer.

14.3

Mearns T. McCaskie gives no warranty as to the accuracy or completeness of the website and will not be responsible for any errors or omissions or for the results arising from the use of such information.

14.4

Mearns T. McCaskie does not guarantee that use by the Customer of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

14.5

Mearns T. McCaskie Ltd will not be responsible nor liable for use by the Customer of any other websites which the Customer may access via links within this website. Mearns T. McCaskie does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Mearns T. McCaskie.

14.6

The entire liability of Mearns T. McCaskie under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.

14.7

Mearns T. McCaskie will not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by the Customer if the delay or failure was due to any cause beyond its reasonable control.

15 Assignation

15.1

Mearns T. McCaskie may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. The Customer may not assign or transfer any of the Customer’s rights or sub contract any obligations under these terms and conditions except with the specific permission in writing of Mearns T. McCaskie

15.2

No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of the Customer’s statutory rights that may not be legally excluded

16 Copyright and Trademark

The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of Mearns T. McCaskie or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that the Customer may: Copy, print or download extracts of the material on this website for the sole purpose of using this website or placing an order with Mearns T. McCaskie Copy print or download the material on this site for the purpose of sending to individual third parties for their personal information provided that the Customer acknowledges us as the source of the material and that the Customer informs the third party that these conditions apply to them and that they must comply with them.

Ovens Retail Ltd trading as Mearns T. McCaskie
Bayview Shore Road
Wemyss Bay
Renfrewshire
PA18 6AR