1. GENERAL TERMS
1.2 Why you should read them. Please read these terms carefully before you submit your order to 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. By using the site, you agree to be bound by these terms and if you do not accept these terms, please do not use the site. We recommend that you print a copy of these terms for future reference.
1.3 Who these terms are for. The website where these terms appear is for consumers only. You are a consumer if you are an individual and are buying products wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). We have a trade section of our website which is for business customers, the terms for which can be found here. If you are not a consumer, please visit the trade section of our website to apply for a trade account.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Walker’s Shortbread Ltd (“Walker’s Shortbread”, “we” or “us”) a company registered in Scotland with registered office address at Walker’s Shortbread Ltd, Aberlour House, Aberlour, Banffshire, AB38 9LD and registered company number SC063233. Our registered VAT number is GB296814415.
2.2 How to contact us. If you want to ask us anything about these terms & conditions or would like to contact us, please email us at firstname.lastname@example.org or call us on 01340 871 555. For queries regarding an existing order, please provide your order reference so we can deal with your enquiry as quickly as possible.
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 When we use the words “writing” or “written” in these terms, this includes emails.
3. ACKNOWLEDGEMENT AND ACCEPTANCE OF YOUR ORDER
3.1 How we will accept your order. When you place an order, this is an offer to buy products in your order and you will receive an on-screen acknowledgement of your order followed by an acknowledgement email confirming receipt of your order. This email will only confirm receipt of the order and not acceptance of the order. Our acceptance of your order will take place upon dispatch of the products ordered, at which point a contract will come into existence between you and us. Please ensure that you check your spam and junk folders for any emails that we may send you.
3.2 If we cannot accept your order. We have taken every care in the preparation of the content of the website, in particular to ensure that all prices quoted for our products and descriptions of our products in our catalogue are fair and correct at the time of publishing. If we are unable to accept your order, we will inform you of this in writing and will refund in full for the products in your order. This might be because 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, because we are unable to meet a delivery deadline you have specified or because the size of your order exceeds the maximum order size we are able to accept.
3.3 Limitations on orders. Please be aware that there may be limitations on what can be sent to you with regards to specific items and order size and value. The current maximum order is:
(a) 10 Cases or the equivalent weight in individual packs; and
(b) A maximum of £150 GBP spend for telephone orders.
If you wish to place an order above the maximum size, please email us at email@example.com and we would be happy to discuss whether we can accommodate the order through other means.
3.4 All orders are subject to availability. All products are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available by emailing you and you will be refunded for those products.
3.5 Your order number. We will assign an order number to your order and tell you what it is when your order is placed and acknowledged. It will help us if you can tell us the order number whenever you contact us about your order and we will refer to it in our correspondence with you.
3.6 Delivery locations. We currently only deliver our products to addresses in most parts of the United Kingdom (excluding Northern Ireland). Please visit our sister company’s website for orders to the United States of America at https://us.walkersshortbread.com/. Unfortunately, we do not accept orders for delivery to addresses outside of these locations.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products, and any packaging, 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 and packaging and your product and packaging may vary slightly from that shown. Please also note that the weights, dimensions and capacities given are approximate only.
4.2 Nuts and allergies. All products are produced in nut environments and could possibly be contaminated with nuts. Allergen information can be found highlighted in the ingredients list on the product information page on the website. Although we take all reasonable care to ensure that recipe and additional nutritional information appearing on the website and product categorisation (which enables you to search and filter products according to your preferences and allergies) are correct at the time when the information was inputted onto the system, the information appearing on this website at any time may not reflect the exact position at the moment you place an order or there may be an error in the product categorisation. Customers are advised to check product packaging for nutritional information and allergen warnings before consumption, as product information is subject to change after publication of the recipe on the website.
5. DISPATCH AND DELIVERY
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 Delivery time. Unless you are contacted by our online team, we will deliver all:
(a) ‘STANDARD’ and ‘FREE’ [UNITED KINGDOM] delivery orders to you up to three (3) working days to mainland addresses and up to five (5) working days to Highlands & Islands / Channel Islands from the day on which we accept your order.
5.3 We cannot make deliveries (whether ‘STANDARD’ OR ‘FREE’) on Saturdays, Sundays or public holidays in your country or region of destination for the products. We are also unable to cater for special delivery instructions to be included on the shipping label and for a parcel to be delivered on a specified date. Please note that we cannot track the exact location of your order during the day and will only be notified by the courier company if there is a problem. We use a postcode lookup tool on our website. Please take care when inserting your delivery address and please check that the correct delivery address has been populated if you are using the postcode lookup tool and ensure that you correct any errors in you delivery address. We cannot accept responsibility for addresses provided incorrectly. Please see our website for further information.
5.4 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.
5.5 If you are not at home when the product is delivered. Where possible we would advise taking delivery where someone will be available throughout working hours. If the shipment is going to a residential address, you will receive a text message from our courier the day before advising that your order has been dispatched and will be delivered the following day. If you are not going to be in to collect the parcel, you will have the option to deliver to a local access point.
If the courier attempts delivery (and hasn’t received notification to deliver to an access point) and no one was in to collect the parcel, the courier will either attempt delivery the following day or deliver to an access point, leaving a notice advising the customer of this.
If the courier feels that there is a safe place to leave the parcel, they will do so by leaving a notice advising the location of the parcel.
5.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the goods from a local access point, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the contract and will refund any money you have paid in advance for products we have not provided, less any storage and delivery costs incurred by us.
5.7 If your products are missing. If your order has not arrived within 3 working days of the day on which we send your order confirmation email please let us know.
5.8 When you become responsible for the goods. By delivering your goods to the address you specify when making the order, we have discharged our obligations to deliver the order to you and the goods will be your responsibility from the time we deliver the goods to the address you specify.
5.9 When you own goods. You own the goods once delivery has been accepted.
5.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, it is a requirement of the courier company that we must have the telephone number at the delivery address or the person placing the order. Where this is the case, this will have been stated on our website and you will have to provide this information at the point of ordering or we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or if this is caused by you giving us incomplete or incorrect information or by you failing to ensure that the delivery address provided is correct.
5.11 Gift Service. The Gift Service is for your own personal and non-commercial use. The service is offered on a complimentary basis and if you would like to use it, simply type your message into the relevant box on the website and we will print it on a full colour branded postcard which we will include within the package. You agree that any messages posted by you on the Gift Service or sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable. You also agree that you will not impersonate any person, including any of our employees or customers. You are entirely responsible for any text or other material which you send on the message system and we accept no liability for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send or display messages and terminate access to the Gift Service at any time and without liability to you.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 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 replaced)
(b) If you want to end the contract because of something we have done or have told you we are going to do
(c) If you have just changed your mind about the product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
6.2 Ending the contract because of something we have done. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) 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;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind . For most products bought online you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013 or equivalent laws and regulations in the country where you are resident, are explained in more detail in these terms.
6.4 When you do not have a right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
6.5 How long do you have to change your mind? You have fourteen (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 which case you have until fourteen (14) days after the day you (or someone you nominate) receives the last delivery.
7. HOW TO END THE CONTRACT WITH US
7.1 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 01340 871 555 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order (including the order number) and, where available, your phone number and email address;
(b) Online. Complete the form on our website.
7.2 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. Please email us at email@example.com or call us on 01340 871 555 for a return label. You must send off the goods within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a) if you are exercising your right to change your mind;
(b) if the products are faulty or misdescribed; or
(c) if you are ending the contract because of 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.
7.4 How we will refund you. If you are entitled to a refund under these terms 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.
7.5 When we may make deduction 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.
7.6 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 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.
8. OUR RIGHTS TO END THE CONTRACT
8.1 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;
(c) you do not, within a reasonable time, allow us to deliver the products to you.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1, we will refund any sums paid by you for products not provided but we may deduct from that refund, or charge you, reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9. DEFECTIVE PRODUCTS
9.1 How to tell us about problems. It is your responsibility to check your order carefully immediately on receipt of the goods. If you have a question or complaint about the product, please contact us within 2 working days by email to firstname.lastname@example.org with details of the question or complaint.
9.2 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 products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
The Consumer Rights Act 2015 or equivalent laws and regulations in the country where you are resident says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, you can get an immediate refund
- up to six months: if your goods can’t be replaced, you’re entitled to a full refund, in most cases
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
9.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please call us on 01340 871 555 or email us at email@example.com for a return label. We shall either replace the product or refund the price of the product in full.
10. PRICES AND PAYMENT
10.1 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 place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order. The price of the products does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.2 We will pass on changes in the rate of VAT. All prices are displayed inclusive 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.
10.3 What happens if we got the price wrong. It is always possible that some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is higher than the price stated to you, we will accept your order and charge you for the price that was stated to you originally. 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.
10.4 When you must pay and how you must pay. We accept payment with VISA, VISA Debit, MasterCard, Maestro and PayPal. You must pay for the products and all applicable delivery charges before we dispatch them.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 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.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 9.2; and for defective products under the Consumer Protection Act 1987 in the United Kingdom or equivalent laws or regulations in other countries that we deliver to that derive from the Council Directive (85/374/EEC) concerning liability for defective products.
11.3 We are not liable for business losses. We only provide our site and supply the products to you for domestic and private use. If you use our site or the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in our business terms which can be found here.
12.1 Legal Notices. There may be legal notices on other areas of this website which relate to your use of the site, all of which will, together with these terms govern your use of this website.
12.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you if this happens and ensure the transfer will not affect your rights under the contract.
12.3 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.
12.4 Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.5 If a court finds part of the 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 the provisions of these terms shall be unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
12.6 Even if we delay in enforcing the 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.
13. LAW, JURISDICTION AND LANGUAGE
13.1 Which laws apply to the contract and where you may bring legal proceedings. This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by the law of Scotland and you can bring legal proceedings in the courts of Scotland. If you live in England you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the Scottish courts. These terms and all contracts are made only in the English language. As a consumer, you will benefit from any mandatory consumer protections applicable in the country where you live. Nothing in these terms and conditions, including this clause 13.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
13.2 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We recognise that the Alternative Dispute Resolution Regulations have implemented ADR/EDR Directive 2013/11/EU to promote alternative dispute resolution as a means of redress for consumers in relation to unsatisfactory services. We have however chosen not to adopt an ADR process, and if you are not happy with any aspect of the services and you are a consumer, please contact us by email at firstname.lastname@example.org. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. Please visit the Online Dispute Resolution website at http://ec.europa.eu/consumers/odr.
14. WEB PROMOTIONS
For the terms and conditions for our current promotions please visit the product pages to which the promotions are applicable to.
This clause sets out rules that apply to your use of the website (whether or not you use it to order products or just to browse).
Changes, Access and Damage.
15.1 We may amend these terms & conditions from time to time and you should re-read them each time you use this website. Please check this page from time to time to take notice of any changes and to ensure you understand the terms that apply at that time as they are binding on you.
15.2 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
15.3 We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website, or any content on it, or any websites accessible through it will be free from errors or omissions, secure or free from bugs or viruses or that it will always be available or uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
15.4 You are responsible for making all arrangements necessary for you to have access to our site. You are responsible for configuring your computer equipment in order to access our site. You should use your own virus protection software. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
Account and Password.
15.5 You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Intellectual Property Rights.
15.6 All rights, including copyright, in this website and in the material published on it are owned by or licensed to Walker’s Shortbread. Any use of this website or its contents, including copying, publishing or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Walker’s Shortbread. You may not modify, distribute, publish, reproduce or re-post anything on this website for any purpose.
15.7 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
15.8 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content or materials on our site is accurate, complete or up to date.
15.9 To Our Site. You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.10 We reserve the right to withdraw linking permission without notice.
15.11 Third Party Links. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Liability for Loss or Damage.
15.12 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, as set out in clause 11 of these terms.
15.13 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
15.14 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Contact us here via our online contact form only if you wish to withdraw from the contract.