Terms of Service

1. Acceptance of Terms

Welcome to Tartan Kipper. These Terms of Service govern your use of our website and the purchase of products from TARTAN KIPPER LTD, a company registered in Scotland with company registration number SC772324 and VAT number GB 473 2699 58. Our registered address is Tillywhally House, Milnathort, Kinross, Scotland, KY13 0RN.

By accessing or using our website, browsing our collections, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our website or services.

You must be at least 18 years of age to use our website and make purchases. By using our services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into binding contracts under the laws of the United Kingdom.

2. Description of Services

Tartan Kipper operates as an online retail platform specialising in premium Scottish-inspired gifts and home décor. Our services include the sale and delivery of tartan textiles, homeware, fashion accessories, decorative accents, stationery, books, and curated gift hampers celebrating Scotland's rich cultural heritage and craftsmanship.

We offer registered account services allowing customers to save preferences, track orders, and receive exclusive offers. All product descriptions, images, prices, and availability information are provided for informational purposes and are subject to change without prior notice.

We reserve the right to modify, suspend, or discontinue any aspect of our services, including product offerings, website features, and delivery options, at any time without liability to users. We will make reasonable efforts to notify customers of significant changes affecting existing orders.

3. User Obligations

When using our website and services, you agree to use them lawfully and in accordance with these Terms of Service. You must not engage in any activity that could damage, disable, overburden, or impair the proper functioning of our website or interfere with any other party's use and enjoyment of our services.

Specifically, you agree not to: use automated systems or software to extract data from our website for commercial purposes (scraping); attempt to gain unauthorised access to any portion of the website, other accounts, computer systems, or networks connected to our services; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; engage in any illegal activity or promote unlawful conduct; upload or transmit viruses, malware, or any other malicious code; or violate any applicable local, national, or international law or regulation.

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information.

4. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, product descriptions, photographs, illustrations, audio clips, video clips, software, and the compilation thereof (collectively, the "Content"), is the property of TARTAN KIPPER LTD or our content suppliers and is protected by United Kingdom and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable licence to access and use the website and Content for personal, non-commercial purposes only. You may view, download, and print pages from the website for your own personal use, subject to the restrictions set out in these Terms of Service. You may not reproduce, duplicate, copy, sell, resell, modify, distribute, or exploit any portion of the website or Content for commercial purposes without our express written consent.

All trademarks, service marks, trade names, and logos displayed on the website are the property of their respective owners. Nothing on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the trademark owner.

5. Product Information and Orders

We make every effort to display our products and their colours, features, specifications, and details as accurately as possible. However, we cannot guarantee that your device's display of colours or product images will be accurate. Product dimensions, weights, capacities, and other specifications are approximate and provided for general guidance only.

All prices are displayed in British Pounds Sterling and include VAT where applicable. Prices are subject to change without notice. Delivery charges, if applicable, will be clearly displayed before you complete your order. We reserve the right to correct pricing errors on our website or on pending orders, and in such cases, we will contact you to confirm whether you wish to proceed with the order at the correct price or cancel it.

When you place an order through our website, you are making an offer to purchase products subject to these Terms of Service. We reserve the right to accept or decline your order for any reason, including product availability, errors in pricing or product information, or suspicion of fraudulent activity. Order confirmation emails constitute our acceptance of your order and form a binding contract between you and TARTAN KIPPER LTD.

We do not guarantee that all products displayed on our website will be available at all times. If a product becomes unavailable after you place an order, we will notify you as soon as possible and offer a suitable alternative or a full refund.

6. Payment and Security

We accept payment via major credit and debit cards and other payment methods displayed at checkout. Payment must be received in full before orders are dispatched. All payments are processed securely through trusted third-party payment processors compliant with Payment Card Industry Data Security Standards.

By providing payment information, you represent and warrant that you are authorised to use the payment method provided and that the information you provide is true, accurate, and complete. You authorise us to charge the payment method provided for the total amount of your order, including product prices, delivery charges, and any applicable taxes.

We reserve the right to refuse or cancel any order if we suspect fraudulent, unauthorised, or illegal activity. In such cases, we may report the matter to the appropriate authorities and cooperate with any investigation.

7. Delivery and Shipping

We currently offer delivery exclusively within the United Kingdom, including Scotland, England, Wales, and Northern Ireland. Standard delivery typically takes 3 to 5 working days from the date of dispatch. Express delivery options may be available at checkout for an additional charge, with delivery typically within 1 to 2 working days.

All delivery timeframes are estimates and not guaranteed. Delivery times may be affected by factors beyond our control, including courier delays, adverse weather conditions, public holidays, or industrial action. We will make reasonable efforts to meet estimated delivery times but are not liable for any loss or inconvenience arising from delayed delivery.

Risk of loss and title for products pass to you upon delivery to the address you provide. You are responsible for ensuring that the delivery address provided is accurate and that someone is available to receive the delivery. If delivery cannot be completed due to incorrect address details or recipient unavailability, additional delivery charges may apply for re-delivery.

If your order is lost or damaged in transit, please contact us within 48 hours of the expected delivery date so we can investigate and arrange a replacement or refund as appropriate.

8. Returns, Exchanges, and Refunds

We want you to be completely satisfied with your purchase. If you are not happy with an item for any reason, you may return it within 30 days of receipt for a full refund or exchange, provided the item is unused, in its original condition, and in its original packaging with all tags and labels attached.

Personalised, custom-made, or bespoke items are excluded from our returns policy unless they are faulty or damaged upon arrival. Items that have been used, washed, altered, or are not in resaleable condition cannot be accepted for return.

To initiate a return, please contact our customer service team via email or telephone with your order number and details of the item you wish to return. We will provide return instructions and, where applicable, a prepaid return label. Return shipping costs are the responsibility of the customer unless the item is faulty or we have sent the wrong product.

Refunds will be processed to the original payment method within 14 days of our receipt and inspection of the returned item. If you have opted for a delivery method other than our standard delivery option, we will only refund the cost of standard delivery.

Your statutory rights as a consumer under the Consumer Rights Act 2015 are not affected by this returns policy. If an item is faulty, not as described, or not fit for purpose, you are entitled to a repair, replacement, or refund in accordance with your legal rights.

9. Disclaimers

Our website and all products and services are provided on an "as is" and "as available" basis without any representations or warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, TARTAN KIPPER LTD disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

We do not warrant that our website will be uninterrupted, secure, or free from errors, viruses, or other harmful components. We do not warrant that the information, content, or materials on our website are accurate, complete, reliable, current, or error-free. We make no guarantees regarding the availability, quality, or suitability of any products for your intended use.

Product descriptions, images, colours, and specifications are provided for general guidance only and may not precisely represent the actual product. Variations in colour, size, texture, and finish may occur due to natural materials, manufacturing processes, and screen display settings.

Your use of our website and reliance on any information provided is solely at your own risk. Nothing on this website constitutes professional advice, and you should seek independent advice before making decisions based on information found on our website.

10. Limitation of Liability

To the fullest extent permitted by law, TARTAN KIPPER LTD, its directors, employees, agents, suppliers, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with your use of our website or services, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claims arising from your use of our website or services shall not exceed the total amount you have paid to us for products or services in the six months preceding the claim, or £100, whichever is greater.

Nothing in these Terms of Service excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. Your statutory rights as a consumer are not affected by these limitations.

11. Indemnification

You agree to indemnify, defend, and hold harmless TARTAN KIPPER LTD, its directors, officers, employees, agents, suppliers, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from or related to your violation of these Terms of Service, your use of our website, your breach of any law or regulation, or your infringement of any third-party rights.

This indemnification obligation will survive the termination of these Terms of Service and your use of our website. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence of such claim.

12. Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by TARTAN KIPPER LTD. These links are provided for your convenience only, and we do not endorse, monitor, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

When you access third-party websites or services, you do so at your own risk and subject to the terms and conditions and privacy policies of those third parties. We are not liable for any loss or damage arising from your use of third-party websites or services, and we recommend that you review their terms and policies before engaging with them.

We use third-party payment processors to handle transactions securely. Your payment information is processed in accordance with the privacy policies and security standards of those third-party providers, and we do not store complete payment card details on our servers.

13. Privacy and Data Protection

We are committed to protecting your privacy and handling your personal data responsibly in accordance with the General Data Protection Regulation (GDPR), the UK Data Protection Act 2018, and other applicable data protection laws. Our Privacy Policy, which forms part of these Terms of Service, explains how we collect, use, store, and protect your personal information.

By using our website and services, you consent to the collection and use of your personal data as described in our Privacy Policy. We collect information such as your name, email address, phone number, delivery address, payment information, and browsing behaviour to process orders, improve our services, and communicate with you.

We do not sell or rent your personal information to third parties. We may share your data with trusted service providers who assist us in operating our website, processing payments, and delivering products, provided they agree to keep your information confidential and secure. For full details on how we handle your data and your rights under GDPR, please review our Privacy Policy.

14. Governing Law and Jurisdiction

These Terms of Service, and any disputes or claims arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of Scotland and the United Kingdom. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service.

Any legal action, suit, or proceeding arising out of or relating to these Terms of Service or your use of our website must be instituted exclusively in the courts of Scotland, and you consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Nothing in this section limits our right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or prevent unauthorised use of our website.

15. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of our website, we encourage you to contact us first to attempt to resolve the matter informally. Please email us at [email protected] with details of your concern, and we will work with you in good faith to reach a mutually satisfactory resolution.

If we are unable to resolve the dispute informally within 30 days, either party may pursue resolution through the courts of Scotland as set out in the Governing Law and Jurisdiction section above, or through an alternative dispute resolution process such as mediation or arbitration if both parties agree in writing.

As a consumer, you may also have the right to refer a dispute to the European Online Dispute Resolution platform or other applicable consumer dispute resolution schemes. Your statutory consumer rights are not affected by this dispute resolution process.

16. Termination

We reserve the right to suspend or terminate your access to our website and services, with or without notice, for any reason, including but not limited to violation of these Terms of Service, suspected fraudulent or illegal activity, non-payment, or behaviour that we deem harmful to our business, reputation, or other users.

Upon termination, your right to use our website and services will immediately cease, and any outstanding payments owed to us will become immediately due and payable. Termination does not affect any rights, obligations, or liabilities that have accrued prior to termination.

You may terminate your account at any time by contacting us or using the account closure option in your account settings. Termination of your account does not relieve you of any obligations arising from orders placed prior to termination.

17. Changes to Terms of Service

We reserve the right to modify, amend, or update these Terms of Service at any time to reflect changes in our business practices, legal requirements, or for other reasons. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you via email or by posting a notice on our website homepage.

Significant changes to these Terms of Service will be communicated to registered users at least 14 days before they take effect. Your continued use of our website and services after the effective date of any changes constitutes your acceptance of the revised Terms of Service.

If you do not agree to the revised Terms of Service, you must stop using our website and services immediately. We recommend that you review this page periodically to stay informed of any updates.

18. Severability

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms of Service.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and TARTAN KIPPER LTD regarding your use of our website and services, and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral, relating to the subject matter herein.

No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, our products, or our services, please contact us using the details below:

We aim to respond to all enquiries within 2 working days. For order-related queries, please include your order number to help us assist you more efficiently.