

Terms
and Conditions
1. Definitions
1.1 Buyer means the person who buys or agrees to buy the Products from the Seller.
1.2 Seller means Arthaisan, of 41 Cambridge Avenue Edinburgh EH5 6AW
1.3 Conditions means the terms and conditions of sale set out in this document
and any special terms and conditions agreed in writing by the Seller.
1.4 Delivery date means the date specified by the Seller when the Products are
to be delivered.
1.5 Price means the price for the Products includes VAT and excludes carriage
and packing
1.6 Products means those goods specified.
2. Conditions applicable
2.1 Nothing in these conditions shall affect the Buyers statutory rights as
a consumer.
2.2 Any typographical or clerical or other error or omission in any sales literature,
quotation, price list, acceptance of offer, invoice or other document or information
issued by the Seller shall be subject to correction without any liability on
the part of the Seller.
2.4 If any provision of these conditions is adjudged invalid or unenforceable
in whole or in part the validity of the other provisions of these conditions
and the remainder of those provisions in question shall not be affected.
3. Payment and Deposit
3.1 Save as provided otherwise herein the Price shall be that as stipulated
on the Sellers Web site or published catalogue current at the date of order
of the Products. In the event of any increase in the cost to the Seller of raw
materials, labour, overheads, shipping, transport costs, fuel, or any increase
in taxes or duties, or any variation in exchange rate the Seller may increase
the Price payable under the contract upon written notice. If the Seller gives
notice of price increase, the Buyer shall have the right to cancel the order
and receive back any sums they have paid. Notice of cancellation must be received
in writing by the Seller with seven days of delivery of the notice of price
increase to the Buyer.
3.2 Where products are held in stock by the Seller at the time the Buyer places
an order, payment of the Price shall be due at the date of the order. Where
products, including any bespoke or personalised items, are not held in stock
by the Seller at the time the Buyer places an order, payment of a deposit of
50% of the Price shall be due at the date of the order. The remaining 50% of
the Price shall be due when the Seller notifies the Buyer that the products
are ready for delivery. If the Buyer fails to make payment as required the Seller
may suspend delivery of the Products or any further Products ordered until payment
is made in full.
3.3 All items will remain the property of the Seller until paid for in full.
4. Cancellation & Returns
4.1 Under the Consumer Protection (Distance Selling) Regulations 2000 the Buyer
has the right to cancel an order and receive a full refund for any item or service,
with the exception of bespoke or personalised items. If the Buyer is dissatisfied
with his purchase for any reason he may, within seven working days of delivery,
contact the Seller by sending a letter, fax or e-mail to arrange for the collection
of the goods at the Sellers expense. Any money which the Buyer has paid for
the Products will be refunded to the Buyer within 30 days provided that the
Seller receives the Products in the same condition they were in at the time
of delivery to the Buyer and in their original packaging.
4.2 For bespoke or personalised items ordered, any deposit paid by the Buyer
when ordering is non-refundable and shall not be refunded if the Buyer subsequently
cancels the order.
4.3 Insofar as is permitted by law, the Sellers only liability to the Buyer
under these terms and conditions will be, at the Sellers sole discretion, to
make good any shortage or non-delivery, to replace or repair any goods which
are received by the Buyer in a damaged or defective state or to refund to the
Buyer any sums actually paid by the Buyer for the goods in question. The Seller
will not be liable to the Buyer for any indirect or consequential loss or damage
arising out of any problem the Buyer notifies to the Seller and will have no
liability to the Buyer for any failure or delay in delivering goods or any damage
or defect in goods delivered which is caused by any event or circumstance which
is beyond the Sellers reasonable control.
5. Delivery
5.1 Delivery of the Products shall be made by the Seller or his agent notifying
the Buyer that the Products are available for collection at the Sellers premises
or for delivery to such place as the Buyer may specify at the time the order
is placed.
5.2 The Seller shall use his reasonable endeavours to meet any date agreed for
delivery.
5.3 In any event time of delivery shall not be of the essence.
5.4 The Seller shall not be liable for any delay in delivery howsoever caused.
5.5 In the case of goods purchased by credit card, those goods can only be shipped
to the credit card holders address and must be signed for on delivery.
5.6 The Buyer shall have full responsibility for ensuring that there is suitable
delivery access for all Products that are ordered. The Seller accepts no responsibility
for failure to deliver any item due to restricted access.
5.7 The Seller delivers to most areas of the UK, but this is subject to change
and at the Sellers discretion.
5.8 All delivery charges shall be quoted on a case by case basis.
5.9 Generally, where an order contains more than one item all items will be
delivered at the same time once all items are available.
5.10 For non-stock items, please allow up to 90 days for delivery. For bespoke
or specialised items, delivery times will vary and may take longer than 90 days.
6. The Products
6.1 The Buyer accepts that, as each item available from the Seller is hand finished,
there will be variations in colour and texture within each piece.
6.2 Although reclaimed aged wood may be used in the restoration or manufacture
of the Products in order to minimise cracking, the Buyer accepts that some cracking
or splitting over time is inherent to the nature of the traditional materials
used and does not constitute a defect in the product of any kind.
6.3 Photographs shown on the Sellers Web site and catalogue are for illustrative
purposes only, and may not exactly match the product itself. While every effort
is made to ensure the accuracy of colour reproduction, colour may vary according
to the settings of the Buyers monitor, software or printer.
6.4 All measurements shown on the Sellers Web site and catalogue are approximate.
7. Title and risk
7.1 Risk or damage to or loss of the Products shall pass to the Buyer upon delivery.
7.2 Notwithstanding any other provision herein title in the full Products shall
not pass to the Buyer until the Seller has received in cash or clear funds payment
in full.
8. General
8.1 The Seller shall not be liable for any delay or failure to perform any of
its obligations if the delay or failure results from events or circumstances
outside its reasonable control, including but not limited to strikes, lock outs,
accidents, war, fire, reduction in or unavailability of power at the Sellers
premises, manufacturing plant or its agents premises, breakdown of plant or
machinery or shortage or unavailability of raw materials from a natural source
of supply, and the Seller shall be entitled to a reasonable extension of its
obligations.
8.2 This Contract shall be governed by the law of Scotland and any dispute,
question or remedy howsoever arising shall be determined exclusively by the
Courts of Scotland.

