MyLinlithgow e-commerce: Terms and Conditions
Please read these Terms carefully and make sure that you understand them, before ordering any goods or services from the site, or listing items as a Seller.
“Seller” and “Sellers” refers to any individual or organisation listing items on the site.
MyLinlithgow e-commerce activity (including the Digital Christmas Market) is operated by One Linlithgow Ltd. (SC487605), with the permission of site owners Linlithgow Community Development Trust.
Any reference in this document to “e-commerce” refers to transactions made using the MyLinlithgow site and, by extension, PayPal/Stripe transactions for items listed on MyLinlithgow.com. This includes the Digital Christmas Market and all other e-commerce events and activity.
One Linlithgow Ltd. is an intermediary between Buyer and Seller ONLY, providing a payment platform, back-end function and means of communication between those parties. One Linlithgow is NOT responsible for goods and services purchased and/or refunded through the MyLinlithgow e-commerce function. Individual Buyers and Sellers must resolve all disputes directly.
With respect to the foregoing paragraph, any reference to “products on this site” or similar means products and services offered by the individual Sellers. Those Sellers have agreed to be bound by these Terms & Conditions (see also Clause 18), so that a consistent service can be provided. Adherence to those Terms & Conditions are the responsibility of those individual Sellers, NOT One Linlithgow Ltd.
By using e-commerce, Buyers and Sellers implicitly give permission for One Linlithgow to provide each with the other’s details, where appropriate to a transaction (and not for any other purpose).
Please note that before placing an order you will be asked to agree to these Terms. Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in Clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1 ABOUT ONE LINLITHGOW, BUYERS AND SELLERS
- One Linlithgow Ltd. is a Business Improvement District. CRN SC487605. For further information, please search the CRN on Companies House or visit onelinlithgow.com.
Individual Sellers’ email address and phone number are displayed on the shop pages and should be used to contact Buyers directly.
1.2 To contact One Linlithgow about problems with PayPal/Stripe transactions, please email us at firstname.lastname@example.org
2.1 The images of the Products on the site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours, shades, grading or texture accurately reflect the colours, shares, grading or texture of the Products. Your Products may vary slightly from those images.
2.2 Wherever dimensions are quoted for products please note that these values are nominal and provided for guidance only. In practice the actual dimensions of products may vary within the accepted manufacturing tolerances.
2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.4 Sellers agree not to publish, offer for sale, sell, or otherwise distribute any of the following items on, through or connected with MyLinlithgow e-commerce or through any app:
• Blood, bodily fluids, antibodies, body parts, and items derived from such things;
• Burglary tools and surveillance equipment;
• Counterfeit items;
• Content or material that is infringing or otherwise violates rights of publicity, privacy or proprietary rights, including: music; movies; e-books; games; videos; photographs and software without permission to use;
• Illegal drugs and drug paraphernalia and substances designed to mimic illegal drugs;
• Tobacco products;
• E-cigarettes and smokeless tobacco products;
• Fireworks, destructive devices, explosives, and hazardous materials;
• Identity documents, government documents, personal financial records, or personal information (in any form, including mailing lists);
• Lottery tickets, raffle, opportunity drawing and sweepstakes entries, slot machines, or similar gambling devices and products;
• Obscene material;
• Child pornography;
• Offensive material;
• Hate speech; including, but not limited to, speech that is harmful to others, or that is or promotes racism, sexism, transphobia, homophobia, xenophobia, fascism or white nationalism;
• Unwashed clothing and bedding and previously used cosmetics; see restricted items for washed used clothing and bedding and unused cosmetics;
• Police badges or uniforms;
• Prescription drugs, steroids, items containing pseudoephedrine, and medical devices;
• Chemicals, serums, toxins, and similar items;
• Pets, animals, and wildlife products;
• Recalled items;
• Products and services that violate any law, statute, ordinance, regulation, or third party prohibition;
• Stocks or other securities;
• Code or similar automatic items, programs, or processes, such as automated software, data mining software, scrapers, bots, and automatic checkout “add to cart” services;
• Online and social media activity, such as selling likes, views, followers, and subscriptions;
• Weapons and other related items, including, without limitation, firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, and switchblade knives;
• Products or content promoting prohibited medical claims, such as anti-vaccine items;
• Stolen property, including digital and virtual goods; or
• Any product or service that is illegal, violates the rights of others or is marketed or sold in such a way as to create liability for One Linlithgow Ltd., Linlithgow Community Development Trust/MyLinlithgow, or the Buyer.
3 USE OF MYLINLITHGOW.COM
Your use of our site is governed by its separate Terms of Website Use. Please take the time to read these, as they include
Important terms which apply to you.
4 HOW YOUR PERSONAL INFORMATION IS USED
One Linlithgow (and individual Sellers) agree that your personal information will ONLY be used for the purposes of your transactions and for no other purpose. After the transaction is complete and the returns period has expired, all such details will be securely removed.
5 CONSUMER STATUS
5.1 You may only purchase Products from the site if you are at least 18 years old.
5.2 Any Products sold to you via the site are for your own private and domestic use only.
5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6 HOW THE CONTRACT IS FORMED BETWEEN YOU AND A SELLER
6.1 The order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
6.2 When placing an order, you agree that any and all information given is accurate and complete.
6.3 After you place an order, you will receive an e-mail acknowledging that it has been received (Acknowledgement of Order). However, please note that this Acknowledgement of Order does not mean that your order has been accepted. Acceptance of your order will take place as described in clause 6.4 below.
6.4 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between Buyer and Seller will be formed when we send you the Dispatch Confirmation.
6.5 If a Seller is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.6, you will be informed by e-mail and the order will not be processed. If you have already paid for the Products, the full amount will be refunded as soon as possible.
7 RIGHT TO VARY THESE TERMS
7.1 Terms may be revised from time to time in the following circumstances:
(a) changes in how payments are accepted;
(b) changes in relevant laws and regulatory requirements.
7.2 Every time you order Products or Services on the site, the Terms in force at that time will apply to the Contract between Buyer and Seller.
7.3 Whenever Terms are revised in accordance with Clause 7, you will be informed and given you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8 YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1 You have a legal right to cancel a Contract during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can intimate your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between Buyer and Seller is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract, please use the automated email function described in the automatic emails you will be sent or, if this does not work for whatever reason, contact email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send your cancellation notice by email, then your cancellation is effective from the date you sent the email.
8.5 If, on the effective date of your cancellation, the Products have not yet been dispatched to you, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for.
8.6 If, on the effective date of your cancellation, the Products have already been dispatched to you but not yet delivered; you will receive a refund of the price you paid for the Products less any applicable delivery charges incurred by the Seller.
8.7 Refunds will be processed under clauses 8.5 or 8.6 as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. If you returned the Products to the Seller because they were faulty or misdescribed, please see clause 8.8.
8.8 If you returned the Products under this clause 8 because they are faulty or mis-described, the price of a defective Product will be refunded in full, any applicable delivery charges, and any reasonable costs you incur in returning the item.
8.9 Refunds issued to your bank account via PayPal/Stripe.
8.10 If the Products were delivered to you:
(a) you must return the Products as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 8.8), you will be responsible for the cost of returning the Products;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.11 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Acknowledgement of Order.
8.12 Products returned to the Seller under this clause 8 must be unused and must be packaged adequately to protect form damage and allow for safe transportation.
8.13 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your delivery address.
9.2 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Seller’s Control. If the Seller is unable to meet the estimated delivery date because of an Event Outside Seller’s Control, the Seller will contact you with a revised estimated delivery date.
9.3 You must carefully examine the Products when delivered and if you are not satisfied with the Products you must notify the Seller immediately and in any event within 24 hours of delivery. You must allow us to inspect the Products concerned in the condition in which they were delivered.
9.4 Sellers may deliver the Products by instalments if required due to operational reasons or due to shortage of stock. Extra delivery costs will not be charged for this. In this case, each instalment shall constitute a separate Contract governed by these Terms. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
9.5 Delivery will be completed when Products have been delivered to the address supplied.
9.6 If no one is available at your address to take delivery, a note will be left to allow you to collect the Products. If the Products have been returned to the Seller through non-collection by yourself, please contact the Seller to rearrange delivery. You will be liable to pay the charges incurred in relation to such re-delivery.
9.7 If you wish to rearrange a delivery date, Sellers need at least 48 hours notice otherwise additional charges may apply.
9.8 The Products will be your responsibility from the completion of delivery
10 INTERNATIONAL DELIVERY
10.1 Items can be shipped to UK only.
11 PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 Prices and delivery charges displayed on the site are valid and effective only in the UK.
11.2 The prices of the Products will be as quoted on the site from time to time. All reasonable care is taken to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if an error is discovered in the price of Product(s) you ordered, please see clause 11.6 for what happens in this event.
11.3 Prices may change from time to time, but changes will not affect any order confirmed with a Dispatch Confirmation.
11.4 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, the Seller will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.5 The price of a Product does not necessarily include delivery charges unless otherwise stated – or if the general shop page states “free delivery”. Any such charges will be displayed explicitly.
11.6 The site contains a large number of Products. It is always possible that, despite reasonable efforts, some Products may be incorrectly priced. Sellers will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, the Seller will refund you the difference where you have already made payment. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, the Seller does not have to provide the Products to you at the incorrect (lower) price provided that any amounts already paid are refunded; and
(b) if the Product’s correct price is higher than the price stated on our site, the Seller will contact you as soon as possible to inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your order. The Seller will not process your order until in receipt of your instructions. If the Seller is unable to contact you using the contact details you provided during the order process, the order will be treated as cancelled, and you will be notified in writing and refunded any amounts already paid.
12 HOW TO PAY
12.1 You can pay for Products using PayPal/Stripe.
12.2 Payment for the Products/Services and all applicable delivery charges or other charges quoted on the site is in advance.
12.3 All payment charges are covered by the price of the Products quoted on the site.
12.4 All products remain the property of the Seller until paid for in full.
13 THE SELLER’S LIABILITY TO YOU
13.1 If the Seller fails to comply with these Terms, they are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or the Seller’s negligence. Loss or damage is foreseeable if they were an obvious consequence of the Seller’s breach or if they were contemplated by you and the Seller at the time both parties entered into the Contract.
13.2 The Sellers only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and the Seller has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 Sellers do not in any way exclude or limit their liability for:
(a) death or personal injury caused by the Seller’s negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13.4 Subject to clauses 13.1, 13.2 and 13.3, the Seller’s total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
13.5 Without affecting any legal rights that you may have as a consumer, the Seller will not be liable for any defect in the Products arising from:
(a) fair wear and tear after delivery;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to use the Products in accordance with any user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
14 EVENTS OUTSIDE THE SELLER’S CONTROL
14.1 The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under a Contract that is caused by an Event Outside Seller’s Control. An Event Outside Seller’s Control is defined below in clause 14.2.
14.2 An Event Outside Seller’s Control means any act or event beyond the Seller’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Seller’s Control takes place that affects the performance of their obligations under a Contract:
(a) the Seller will contact you as soon as reasonably possible to notify you; and
(b) obligations under a Contract will be suspended and the time for performance of the Seller’s obligations will be extended for the duration of the Event Outside Seller’s Control. Where the Event Outside Seller’s Control affects their delivery of Products to you, they will arrange a new delivery date with you after the Event Outside Seller’s Control is over.
15 COMMUNICATIONS BETWEEN ONE LINLITHGOW, BUYER AND SELLER
15.1 Reference in these Terms, to “in writing” shall include e-mail.
15.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, please use details provided in emails received regarding your transaction, or if this does not work, please contact firstname.lastname@example.org, so that One Linlithgow can facilitate communication between Buyer and Seller. You may wish to keep a copy of your cancellation notification for your own records. If you send your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent the e-mail or posted the letter.
15.3 If you wish to contact One Linlithgow in writing for any other reason, you can send this by e-mail (email@example.com) or by post to One Linlithgow Ltd., 28 The Vennel, Linlithgow EH49 7EX.
15.4 If either a Seller or One Linlithgow has to contact you or give you notice in writing, this will be done by e-mail or by post to the address you provided in your order.
16 OTHER IMPORTANT TERMS
16.1 The Seller may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if the Seller agrees in writing.
16.3 This contract is between you and the Seller. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If a Seller fails to insist that you perform any of your obligations under these Terms, or does not enforce rights against you, or if the Seller delays in doing so, that will not mean that their rights against you have been waived and will not mean that you do not have to comply with those obligations. If the Seller does waive a default by you, this will be in writing, and that will not mean that the Seller automatically waives any later default by you.
16.6 Please note that these Terms are governed by Scottish law. This means a Contract for the purchase of Products through MyLinlithgow.com and any dispute or claim arising out of or in connection with it will be governed by Scottish law. You, the Seller and One Linlithgow all agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of England or Wales, you may also bring proceedings in England or Wales.
17 DISCOUNT & VOUCHER TERMS
17.1 Discounts, voucher and voucher codes are shown as a product’s actual price and will not be discounted from the price in your Basket. Original, higher prices will be shown in strikethrough text, where relevant.
18. OBLIGATIONS OF SELLERS TO ONE LINLITHGOW LTD.
18.1 Throughout these Terms & Conditions, the Buyer is interchangeably referred to as “you”. As a Seller, as defined at the top of this Document, “you” means “the Buyer” in Clauses 1-17 but not this Clause 18.
18.2 All reference to rights and obligations of “the Seller” or “Sellers” means all parties listing goods and/or services on MyLinlithgow e-commerce (e.g. “this contract is between you and the Seller” must also be read from the perspective of Seller as “this contract is between the Buyer and the Seller”.
18.3 “The Seller” and “Sellers” both refer to an individual Seller and all Sellers when referring to universal Terms and Conditions, but only the individual Seller when referring to a particular transaction.
18.4 It is the responsibility of the Seller to ensure that levels of stock stated to One Linlithgow are maintained. For example, if the Seller requests that One Linlithgow list five identical stock items, One Linlithgow will enter that five are available. Once sold, the item will be displayed as “out of stock”. Sellers agree not to sell listed items by other means, since this would lead to payments being received for items that cannot be supplied.
18.5 Sellers agree to dispatch items within 48hrs of order confirmation.
18.6 Sellers must inform One Linlithgow in writing (by emailing firstname.lastname@example.org) when an item is dispatched (or agrees to provide the service on agreed terms). Only at this point will One Linlithgow transfer funds to the Seller.
18.7 Sellers must ensure details provided to One Linlithgow are correct (bank details, product images, SKUs, prices, stock levels etc.) as requested separately to this document.
18.8 DIGITAL CHRISTMAS MARKET 2020 ONLY: Sellers must include postage and packing in each item’s base price. There should be no additional charges to the Buyer (e.g. booking fee), either through the site or by external means.
18.9 Any disputes should be resolved directly between Buyer and Seller, with One Linlithgow providing contact details where required.
18.10 In the event of a Buyer having a refund approved, a Seller must not refund the Buyer directly, but refund One Linlithgow as intermediary. This way, One Linlithgow can confirm that refunds are correctly issued.
18.11 Sellers will list no more than 16 items (recommended max. 10).
18.11 Where there is a discrepancy between these Terms and Conditions, and the Seller’s Terms and Conditions elsewhere, this Document will supersede any other such document for the purposes of interaction through MyLinlithgow.com
19. OBLIGATIONS OF ONE LINLITHGOW LTD. TO SELLERS
19.1 DIGITAL CHRISTMAS MARKET 2020 ONLY: One Linlithgow will pay all PayPal/Stripe transaction fees incurred for each transaction as a courtesy to Sellers helping the event to be a success.
19.2 Where a dispute arises between a Buyer and Seller, One Linlithgow will not mediate, but will attempt to facilitate communication between the two parties, and will supply any information held on the site required by either party.
19.3 One Linlithgow will transfer funds to the Seller, in full, within 48hrs of dispatch confirmation by the Seller.
19.4 Likewise, any refunds approved by the Seller and returned to One Linlithgow (see Clause 18.10) will be issued to the Buyer by One Linlithgow within 48hrs.
19.5 One Linlithgow staff will respond to any queries about these Terms and Conditions, or any unrelated difficulties with the transaction process, within 24hrs. Such queries should be emailed to email@example.com.
19.6 If notified of any technical difficulties with the MyLinlithgow e-commerce function while active, One Linlithgow will attempt to resolve, using specialists where necessary, within 24hrs.
19.7 E-commerce function will be limited to member businesses of One Linlithgow Ltd. (i.e. liable to pay BID levy to West Lothian Council with respect to One Linlithgow Ltd.) EXCEPT in the case of the Digital Christmas Market 2020 event, to which other parties have also been invited.