PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING FROM OUR SITE
E-COMMERCE SUPPLY TERMS
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: email@example.com
(b) Telephone: 01343 820 66
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;
(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?
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.
*Extended Christmas Return Period: Hampers delivered between: 1st December 2022 and 28th December 2022 may be returned within 28 days from delivery.
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
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
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.
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.
THE BAXTERS OF SCOTLAND UNOBTAINABLE HAMPER - FISHING RULES:
The following Rules apply to the fishing experience. The Rules are set by the owner of the fishings and must be complied with in full at all times. Failure to do so could result in early termination of the fishing experience at the entire discretion of Baxters and/or the ghillie without any compensation or reimbursement to the Customer or any member of their party.
1.1 Baxters accepts no liability whatsoever for damage, injury or loss to persons or belongings nor shall they be held responsible for adverse weather conditions or acts of God.
1.2 It is strongly recommended that the Customer and each member of their party should have third party insurance for a minimum of Five Million Pounds (£5,000,000) Sterling. It is the responsibility of the Customer to ensure that he/she and each member of their party complies with this recommendation. Failure to do so it entirely at the risk of the Customer and each member of their party.
1.3 The Customer indemnifies Baxters for all acts and omissions of the Customer and each member of their party.
2. Conservation – Catch and Release
2.1 Salmon and Grilse
2.1.1 There is a legal requirement for all salmon to be returned before the 1st of April. Thereafter, the Spey Fishery Board’s Policy is that all salmon caught up to and including the 31st of May be returned alive.
2.1.2 For the rest of the season fishers must return all hen and gravid fish. They may retain the 2nd, 4th, 6th etc. cock fish caught. Hen fish should not be counted in this calculation. This “allowance” applies to an individual angler, or those sharing a rod, for the period they are fishing, and not to a party as a whole.
2.1.3 All farmed fish (deformed gills, fins and tails) that are caught are to be killed and reported. Any fish that are damaged by seal, net or dolphin wounds should be reported and if possible photographed. All Pacific Pink Salmon are to be killed and reported.
2.2 Sea Trout and Finnock
2.2.1 Sea Trout Finnock of 16oz/35cm/14 inches or less must be returned.
2.2.2 Sea Trout of 3lb/50cm/20 inches in length or above must be returned.
2.2.3 Only two Finnock or Sea Trout may be retained per calendar day per person.
2.3 Fishing Method
Fishing is to be by fly only with single or double hooks.
3. Maximum Fishing Limits
3.1 The maximum permitted number of rods is 6.
3.1.1 A rod can be shared between people but at no time shall there be more than the maximum permitted number of rods fishing simultaneously.
3.1.2 Up to a maximum of 9 hours fishing per 24 hours per rod (not per person) may be fished.
3.2 Catch Returns
Catch Return data will be lodged with the Ghillie or in the Ghillie’s absence with the Estate Office.
3.3 Children and Dogs
Any children in the party be supervised by their parent/guardian at all times. No children are to be left in the sole charge of a ghillie. Dogs must be kept under control at all times.
4. Health and Safety
4.1 Fishing can be dangerous and the Customer and each member of their party are required to conduct themselves with due care and attention particularly but not limited to situations where wading conditions may be difficult and/or dangerous because of ground conditions and/or spate conditions.
4.2 Fishers are required to wear life-jackets at all times, particularly whilst wading and using boats.
4.3 Fishers must wear the appropriate footwear both in the river and on the bank (studded waders provide greater security and felt soles are very slippy on wet grass).
4.4 No boats may be used without the consent of the ghillie. All fishers use boats at their own risk and must satisfy themselves that the boats and their equipment are safe. All boats should be returned to the moorings and properly locked and secured before departure. The Customer is responsible for the conduct and safety of their party at all times.
4.5 The Customer and all member of their party must have treated their fishing tackle and equipment against the Gyrodactylus salaris parasite.
4.6 The Customer has full responsibility for himself/herself and also for each member of their party and undertakes to ensure all comply with these Rules.
4.7 A copy of the fishing owner’s Risk Assessment for Health and Safety purposes can be made available on request.
5.1 Baxters accepts no liability whatsoever for persons coming onto the water and will accept no responsibility for any claim for loss or damage arising from the granting of this permission.
5.2 In addition the Customer will undertake for themselves and party members:
• to allow fish caught and fishing tackle to be inspected by anyone authorised by the Baxters and/or his ghillie
• To protect the water from poaching or illegal methods of fishing
• Not to damage trees or plants or obstruct the river or river banks
• Not to light fires which is strictly prohibited
• To report any damage to the boats, shelter or any other equipment to the Estate Office
• Not to leave litter in the boats or surrounding area and make use of the litter bin provided in the shelter.
5.3 Any suspected poaching or unauthorised fishing should be notified to a ghillie and/or Baxters as soon as possible.
5.4 The Customer acknowledges there may be instances where a force majeure reason outwith the control of the Baxters prevents the Customer from being able to fish on the date arranged for the fishing experience. If the force majeure reason is extreme adverse weather conditions or any other reason such that the ghillie reasonably determines that fishing on that day is not possible for reasons of safety or any other similar reason, Baxters will provide the Customer with a refund of the cost paid by the Customer for the fishing experience up to a maximum refund of £10,000. For the avoidance of doubt, the ghillie’s decision on whether fishing is possible on any day will be final and binding.
6.1 Each ghillie has a normal working day from 9am to 5pm including Saturdays. Baxters will use its best endeavours to supply the services of one ghillie.
6.2 The Customer may be required to provide transport for the ghillie to and from the river if needed.
6.3 All instructions and decisions given by Baxters and/or its ghillie are final and are to be followed. Failure to comply with such instructions or decisions may result in immediate termination of the fishing experience.
7. Variation of Conditions
Baxters reserves the right, acting reasonably to vary these Rules at any time or from time to time.