1 What's in these terms?

1.1 This document set out the terms which form the agreement between you and us for the sale and purchase of Hampers and Vouchers (as defined in paragraph 4 below) via our site.

1.2 These terms and conditions apply when you are purchasing from our site either as a consumer or as a business customer. Certain provisions in these terms and conditions apply only to consumer or business customers, and are flagged accordingly.

2 Who we are and how to contact us

2.1 https://baxtersofscotland.com is a site operated by Baxters Food Group Limited (we, us and our). We are registered in Scotland under company number SC023572 and have our registered office at 12 Charlotte Square, Edinburgh, EH2 4DJ. Our main trading address is eCommerce, Baxters Food Group, Fochabers, IV32 7LD.

2.2 You can contact our Customer Service Team at:

(a) Email: hello@baxtersofscotland.com

(b) Telephone: 01343 822505

3 There are other terms which may apply to you

3.1 In addition to these terms, the following terms may also apply between us and you:

(a) our Returns Policy provides further details about how and when we accept returns and how and when refunds for returns are processed;

(b) our Website Terms of Use, which sets out the terms which apply to use of our site;

(c) our Privacy Policy, which explains how we use any personal data about you that is collected from your use of our site and when you order from us

(d) our Cookie Policy, which sets out information about the cookies used on our site; and

(e) if you purchase a Voucher to be added to your Hamper, then there will be a separate contract between you and the Merchant which will set out the terms upon which the Voucher experience is provided to you. For more information on this, please see the "Luxury Experience Vouchers" section in paragraph 4 below.

4 What items do we sell?

Luxury Hampers

4.1 We sell a variety of luxury hampers on our site, which contain a variety of Scottish-made goods (Hampers).

4.2 Our site contains a list of the items that are included in each type of Hamper, which may vary from the imaging on our site. Please refer to the written list provided to understand which items will be included in each Hamper.

4.3 An item's true colour may not exactly match the image shown on your device when you view it online, or its packaging may be slightly different than the images shown on our site. Because some of our selected items are handmade by our suppliers, all sizes, weights, capacities, dimensions and measurements indicated on our site may vary.

4.4 While you may have the option to add certain items to your Hamper, please note that our Hampers are not customisable and as a minimum a Hamper will include the items listed for it on our site (which may be subject to change from time to time in accordance with these terms).

Luxury Experience Vouchers

4.5 When you purchase a Hamper on our site, you may have the option to purchase a voucher for a luxury experience (Voucher) as an additional item for your Hamper.

4.6 When you purchase a Voucher as part of your Hamper, a physical Voucher will be provided in your Hamper which will contain instructions on how to redeem the Voucher with the provider of the experience (Merchant). These instructions are also available within the Voucher descriptions on our site.

4.7 Please note that we do not act as agent on behalf of any Merchant, and we are only responsible for processing your payment of the Voucher.

4.8 The provision of the Voucher experience will be subject to the terms of a separate contract between you and the Merchant, which we are not responsible or liable for.

4.9 We cannot guarantee that Voucher experiences will be as described on our site and any information about Voucher experiences on our site is for your information only.

4.10 We recommend you read the Merchant's terms and conditions in relation to cancellation due to weather events, and any additional requirements that may be required as part of the Voucher experience. The Merchant's terms and conditions are provided with your Voucher, and are also available on our site.

5 When is your order accepted?

5.1 We will contact you to confirm we've received your order and payment, and to confirm your order has been accepted by us. At the point of acceptance, our contract with you is formed and these terms become binding on you and us. We will then contact you again to confirm dispatch of your order.

5.2 Please note we can only accept orders:

(a) from customers aged over 18; and

(b) for delivery in the UK mainland. However, you may place an order for a Hamper from outside the UK mainland for delivery to an address in the UK mainland.

6 Do we ever reject orders?

Sometimes we reject orders, for example, because either of the criteria at paragraph 5.2 are not met, because an item is unexpectedly out of stock, because we can't verify your age, because a certain Voucher experience is now unavailable or because the Hamper was mispriced by us. When this happens, we let you know as soon as we can, and we will promptly refund any sums you have paid.

7 When will you be charged for your order?

7.1 We will charge you when you complete the process for ordering a Hamper from us on our site by clicking "Pay Now".

8 What happens if VAT changes between placing your order and delivery?

If the rate of VAT changes between your order date and the date we dispatch your Hamper for delivery, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

9 What happens if your delivery is delayed or does not arrive?

9.1 We work with our courier partner to ensure that deliveries within mainland UK are made efficiently. After dispatch, our courier will contact you or the recipient to confirm a suitable delivery period. If no delivery period is chosen our courier will deliver at the next available slot. We expect most deliveries to be made within 3 days of dispatch.

9.2 Our Hampers will be available for delivery from 1st December 2022. No Hampers will be dispatched or delivered prior to this date.

9.3 If the delivery of your Hamper is delayed by an event outside our control (such as the weather), we will contact you as soon as possible to let you know and we will do what we can to reduce the delay.

9.4 While we are still trying to deliver your item to you, we won't compensate you for the delay. However, if the delay is likely to be substantial or if it becomes likely that we will be unable to deliver your Hamper, you can contact our Customer Service Team to end the contract and receive a refund.

10 What if you change your mind and want to cancel your order?

For consumers only: You have a legal right to change your mind

When you purchase a Hamper as a consumer, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below and also in our Returns Policy.

10.1 When you can't change your mind. You can't change your mind about an order for:

(a) services, once these have been completed. This means that you cannot receive a refund for a Voucher after the Voucher has been redeemed with the Merchant;

(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(c) goods that are made to your specifications or are clearly personalised;

(d) goods that are perishable and will expire before the end of the deadline for changing your mind. This could apply if there are any short term perishables in any of our Hampers, such as fresh fruit or dairy products; and

(e) goods which become mixed inseparably with other items after their delivery. This means that you cannot change your mind or try and return individual items in your Hamper – if you change your mind you must return the entire Hamper.

10.2 The deadline for changing your mind. If you change your mind about your Hamper, then you must let us know no later than 14 days after the day we deliver your Hamper. Where your Hamper is delivered to a person who did not complete the order (for example, where you have ordered it as a gift and it is delivered to the recipient's address), delivery occurs when that designated person receives the Hamper from us.

10.3 How to let us know. To let us know you want to change your mind, contact our Customer Service Team.

10.4 When returning a Hamper, you must use our free courier returns service or arrange a return at your own cost. When returning a Hamper you have to return it to us within 14 days of you telling us you have changed your mind. Please see our Returns Policy for further details on the returns process.

10.5 We may reduce your refund if you have clearly opened your Hamper or used or damaged an item in your Hamper. If when we receive your returned Hamper it is clear that you have opened your Hamper and used or damaged one or more of the items in your Hamper in a way which means we cannot resell your Hamper to another customer, then we may reduce the amount refunded to you accordingly. For example, we may reduce your refund if the Hamper's condition is not "as new", if labels have been removed, the Hamper itself is damaged or if any items are missing. In some cases, because of the way you have treated the product, no refund may be due.

10.6 How and when we refund you. We will refund you by the method you used for payment, and we do not charge a fee for processing refund.

(a) If you have changed your mind about your Hamper, we will refund you within 14 days of receiving your returned Hamper back from you.

(b) If you have changed your mind about a Voucher, we will refund you within 14 days of you telling us you've changed your mind.

10.7 For business customers: You do not have a legal right to change your mind and acceptance of your order shall be binding, unless there is something wrong with your Hamper when it arrives (see paragraph 11 below).

11 What if there is something wrong with your Hamper when it arrives?

11.1 If you think there is something wrong with your Hamper, such as if it is damaged or if there are items missing, you must contact our Customer Service Team.

11.2 We honour our legal duty to provide you with a Hamper that is as described to you on our site and that meets all the requirements imposed by law.

12 We can make changes to Hampers and these terms

12.1 Changes we can always make. We can always change our Hampers, or items in our Hampers:

(a) to reflect changes in relevant laws and regulatory requirements;

(b) to make minor technical adjustments and improvements, for example to address a complaint. These are changes that should not affect the value of the Hamper; and

(c) to update our site and ensure that the descriptions on our site reflect the Hampers we are selling.

12.2 Changes we can only make if we give you notice and an option to terminate. We can also make the following types of changes to Hampers or these terms, but if we do so we'll notify you and you can then contact our Customer Service team to end the contract before the changes take effect and receive a refund for any sums you've paid for in advance:

(a) significant changes to the content of your Hamper;

(b) significant changes to the value of your Hamper (such as a material price increase); and

(c) significant changes to our delivery options, or where we can no longer deliver to your delivery location.

12.3 We can withdraw items from our Hampers. We do not guarantee the availability of our Hampers until your order is accepted. We can withdraw a Hamper or any items in our Hampers by updating the Hamper descriptions on our site at any time.

13 We can end our contract with you

13.1 We can end our contract with you and claim any compensation due to us if;

(a) you don't, within a reasonable time of us asking for it, provide us with information, co-operation or access that we need to perform our obligations to you. For example, if you do not provide us with payment or delivery information, we cannot fulfil your order, and similarly if you do not provide us with evidence of a failed delivery or damaged Hamper, we cannot process a refund for you;

(b) you don't, within a reasonable time, allow us to deliver your Hamper; or

(c) where you are a business customer, if your business suffers an insolvency event.

14 Our liability to you

For consumers:

14.1 We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

(a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, legally, the loss was unforeseeable).

(b) Caused by a delaying event outside our control. As long as we have taken the steps set out in paragraph 9 above.

(c) Avoidable. Something you could have avoided by taking reasonable action. For example, loss of the opportunity for a Voucher experience which could have been avoided if you redeemed the Voucher in accordance with its instructions.

(d) Business losses. If you purchase a Hamper as a consumer, we will not be responsible for any losses suffered in connection with your business, trade, craft or profession arising from your use of the Hamper or any Voucher experience.

For business customers:

14.2 We only supply Hampers for internal use by your business (such as gifts for your employees), and you agree not to resell any of our Hampers for business purposes.

14.3 Nothing in these terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) any other liability that cannot be limited or excluded by law.

14.4 Subject to paragraph 14.3, we will under no circumstances be liable to you for:

(a) any loss of profits, sales, business or revenue;

(b) any loss of business opportunity;

(c) any loss of anticipated savings;

(d) any loss of goodwill; or

(e) any indirect or consequential loss.

14.5 Subject to paragraph 14.3, our total liable to you for all losses arising under or in connection with our contract with you will in no circumstances exceed 100% of the price you paid for your Hamper(s).

14.6 Except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the Hampers. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Hamper is suitable for your purposes.

For Luxury Experience Vouchers

14.7 We cannot guarantee that Voucher experiences will be as described on our site and any information about Voucher experiences on our site is for your information only. We will not be responsible for ensuring that the Voucher is suitable for your purposes or meets specification. We recommend you read the Merchant's terms and conditions that are provided with your Voucher, and available on our site.

15 Use of your personal data

More information about how we may use any personal data we collect from you when processing your order is set out in our Privacy Policy.

16 How to resolve a dispute with us

16.1 Complaints: Our Customer Service Team will do their best to resolve any problems you have with us or our Hampers.

16.2 You can go to court.

(a) If you are a consumer, please note that these terms, their subject matter and their formation, are governed by the laws of your local jurisdiction in the UK. For example, if you reside in Scotland, Scots law will apply or if you reside in England or Wales, the laws of England and Wales will apply. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction, which does not preclude your rights as a consumer to enforce your rights in the courts of your local jurisdiction.

(b) If you are a business customer, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We and you both agree to the exclusive jurisdiction of the courts of Scotland.

17 Other important terms that apply to our contract with you

In addition to the terms above, the following terms will also apply to our contract with you:

17.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your Hamper. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact our Customer Service Team.

17.2 You can only transfer your contract with us to someone else if we agree to this.

17.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

17.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

17.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn't mean we can't do it later.