Welcome to the moderncroft.com website terms and conditions for use.

These terms and conditions apply to the use of the website www.themoderncroft.com  and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.

Before you place an order, if you have any questions relating to these terms and conditions, please contact us by email. 

These terms and conditions will apply to all orders for Products which are being delivered within the UK.  We do not deliver outside the UK unless we have specifically agreed an arrangement directly with you for postage and delivery.

Use of the website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:

• The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
• You will notify us immediately of any changes to the Personal Data by updating these details on your online account.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:

• modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Privacy and cookies

We will treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.

If you'd like to read more on how and where we collect or how we use your personal data, please see our Privacy Notice on that page.

In the Privacy Notice, you can also find out how to stop receiving marketing information.

Please refer to our Privacy Notice to learn more about what cookies we use, their nature, purpose and related usage of your personal data on themoderncroft.com.

Description of products

Each Product purchased is sold subject to its Product Description which may set out additional Specific Conditions related to that Product which may include, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information contained on our Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Website or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time.   Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected

Ordering, cancelling and returning products

ORDERS

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Order and contract

• You place the order for your products on the Website by confirming your order at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website which relies on our ecommerce platform powered by Shopify.
• You will receive an order confirmation email detailing the Products you have ordered. These emails do not constitute acceptance of your order.
• When your product is shipped we will send you a despatch confirmation email.
• Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or Cancel and Order.
• Your credit/debit card will be charged when your order is placed.
• If the product is being delivered direct to you from a supplier, as is the case with our photographic prints which are fulfilled by our print partner The Print Space you may be charged at any point between confirmation of your order and despatch.

Non-acceptance of an order may be a result of one of the following:

• The product you ordered being unavailable from stock
• Our inability to obtain authorisation for your payment
• The identification of a pricing or product description error
• Your not meeting the eligibility to order criteria
• If you are placing an order for an item that by law is age-restricted, then by clicking the order confirm button you are also confirming to us that you are of at least the legal age required to purchase the product. By clicking the order confirm button, you further acknowledge and consent to us taking steps to verify your age by reference to publicly-available third-party sources.  We reserve the right not to supply any age-restricted product where we reasonably believe that you are below the relevant minimum age. 
• We reserve the right to limit the number of a given item that can be bought by an individual customer should we deem it appropriate. We also reserve the right to suspend your account and any associated accounts and contact you if we notice an unusual pattern of returns activity or there is other suspicious activity associated with your account or any associated accounts. In the event that this happens you will receive an email to notify you of this
• Should we have taken payment prior to non-acceptance of your Order then we will refund you, but please note that it can take up to 5 days for the bank to transfer the funds to you

The contract will be concluded in English and governed by Scots Law.

CONSUMER CONTRACTS REGULATIONS 2013

This legislation offers you the following cancellation rights when you buy online:

• You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
• Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if goods are faulty or not as described.
• If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
• To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
• You can cancel by email or write to: Customer Services, themoderncroft.com, Harbour Building, North Pier, Oban PA34 5QD.
• If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). 
• We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.

Please see our Refund Policy for further details.

Online Gift Vouchers

1. You can redeem The Modern Croft online gift vouchers purchased through the Website for goods purchased at themoderncroft.com as part or full payment.
2. The gift card will expire 12 months from purchase or last use.
3. Gift vouchers can be purchased online at themoderncroft.com with a £10 minimum purchase.
4. Online gift vouchers cannot be exchanged for cash in full or in part.
5. If you are using an online gift voucher and the total order value is less than the value of the card, any balance will remain on the voucher and may be applied to future purchases, provided that the voucher has not expired.
6. If you return goods you have purchased online using an online gift voucher, we'll credit monies owing to you. You may also return goods to our store where the purchase price can be refunded to a gift voucher. This does not affect your statutory rights.
7. If you place an order at themoderncroft.com using a gift voucher and subsequently cancel the order before delivery, monies owing will be refunded to your gift voucher. This does not affect your statutory rights.
8. We reserve the right to refuse to accept an online gift voucher which we deem to be tampered with, duplicated or which otherwise is suspected to be affected by fraud.

9. We reserve the right to amend online gift voucher terms and conditions from time to time, where we consider it reasonable and necessary to do so

Coupons, discounts, and promotional discount codes offered by  themoderncroft.com are valid only for use as part of a purchase made via themoderncroft.com unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase in our store.

General terms

 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 INTELLECTUAL PROPERTY AND RIGHT TO USE

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

COMPLIANCE WITH LAWS

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

LIMITATION OF LIABILITY

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, delict (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

SEVERANCE

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

SURVIVAL

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

ENTIRE AGREEMENT

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what The Modern Croft and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

LAW

The Conditions shall be governed by and construed in accordance with Scots Law and you irrevocably submit to the exclusive jurisdiction of the courts of Scotland.

CONTACT

For any queries regarding our service, please contact us via email to hello@themoderncroft.com, phone or post to Harbour Building, North Pier, Oban PA34 5QD.

DEFINITIONS

• Conditions – means these terms and conditions and the Special Conditions
• Product – means a product displayed for sale on the Website
• Product Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided
• Special Conditions – means the terms and conditions in the Product Description
• Users – means the users of the Website collectively
• Personal Information – means the details provided by you on registration
• We/us – means The Modern Croft trading from Harbour Building, North Pier, Oban PA34 5QD and the Website.
• Website – means the website located at www.themoderncroft.com or any subsequent URL which may replace it
• Cookies – means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer
• United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands
• You – means a user of this Website.