Terms & Conditions
These Terms and Conditions are applicable, to the exclusion of all other terms and conditions, every time you access our website and/or order goods from our website.
Before proceeding with an order you will be required to show that you have read and understood the following terms and conditions. We recommend that you print a copy of these Terms and Conditions for your future reference.
1: Ownership
1.1 This Site is owned and operated by Mindstretchers Limited ( SC183027 ). Our Registered Office is at Glenruthven Mill, Abbey Road, Auchterarder, PH3 1DP, United kingdom.
2: Orders
2.1 All orders placed by you through our website will be subject to our acceptance of the order.
2.2 When you submit an order to us on our website you will receive a 'bounce back' confirmatory email of this order saying that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of your order by us. Your order will be only accepted by us ( and a contract will then be formed between us ) when we despatch the goods ordered to you. Title to the goods will pass to you only when payment is received in full.
2.3 Should you wish to cancel your order or return any goods, please see the provisions of Clause 6 below for further information on the required procedure.
2.4 Due to the nature and availability of certain of the Goods advertised on our website, it may be necessary to make product substitutions and we reserve the right to do so. If the substituted product differs in what we consider to be any material way from that ordered by you, we will ordinarily discuss the proposed substitution with you prior to despatch of your order. If you subsequently intimate in writing to us within 5 working days of delivery, that the substituted product is not acceptable, it can be returned to us for a refund, which will include the cost of the return postage.
3: Payment
3.1 For orders placed through this website, credit or debit card details are required at the time your order is placed but your card will not be debited until your order has been despatched.
3.2 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
3.3 All prices shown on our webiste are exclusive of VAT. Delivery charge which are additionally payable are clearly highlighted throughout the site.
4: Delivery
4.1 We aim to deliver your order within 5 working days of our acknowledgement of your order. However, due to the nature of some of our products, delivery may take up to 30 days from such acknowledgement. If delivery is likely to take more than 30 days, we will contact you to discuss delivery and timing.
4.2 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
4.3 All items are subject to stock availability.
4.4 When we deliver your items to you, you may be asked to sign for the goods to acknowledge that you have received them.
4.5 You must inspect the goods supplied by us on delivery and within 5 working days advise us of any alleged shorage in quantity, any defect in the goods supplied, and damage on delivery or any failure to comply with the advertised description of the goods so supplied by us.
5: Part Deliveries / Back Orders
5.1 We will ordinarily attempt to deliver any order in a single shipment. However, due to the nature and availability of some of our products, we reserve the right to make part deliveries. Where any items ordered are not in stock, customers will be given the option of receiving that part of their order where goods are in stock and then the remainder of that order within 14 working days of the date of the customer's order or, if earlier, when those items become available to the Seller. Alternatively, customers can receive their complete order in one delivery when all their goods become available. However, where any product remains out of stock and unavailable following the expiry of 14 working days from the date of the customer's order, the customer's order will automatically be cancelled in relation to that outstanding product. Customers will be notified and given the option of:
(1) cancelling their order in relation to all unfulfilled deliveries the subject of their order or
(2) accepting delivery of all available products the subject of their order or
(3) re-ordering any outstanding products the subject of their order when they come into stock.
For the avoidance of doubt, Carriage will be charged at the standard rate for each delivery whether in whole or part supply of items comprised in the customer's order.
6: Cancellation and Returns
6.1 You have the right under the Consumer Protection ( Distance Selling ) Regulations 2000 to cancel any order with us by fax or email before 7 working days has passed from the date your order was accepted by us and our contract terms concluded. In the event of any cancellation, we reserve the right to charge a reasonable cancellation fee for our administration charges.
7: General
7.1 The use of our site and any contract formed hereunder are governed by the law of Scotland.
7.2 We shall not be responsible to you whether in contract, delict ( including negligence )or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit ( direct or indirect ), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection with the performance or non performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods.
7.3 We shal not be liable to your for breach of contract by reason of any delivery in performing our obligations to you in relation to the sale of goods where the delay or failure is due to any cause beyond our reasonable control.
7.4 Nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury cause by our negligence.
7.5 Out liability for any claim for loss or damage shall be limited to the sum paid by you for the goods.
7.6 Goods which are not CE marked are not suitable for children under 36 months.
7.7 If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
7.8 We may assign or transfer any of our right or sub contract any of our obligations under these terms and conditions to any third party.
7.9 You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.
7.10 We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website.
7.11 From time to time there may be links on our website to third party websites which we believe may be of interest to you. We do not have any control over the content of these websites nor can we be liable in respect of anything contained on these websites.
7.12 These terms and conditions govern the entire trading relationship between you and ourselves to the exclusion of all other terms and conditions and will remain in force for the duration of our trading relationship.
7.13 All intellectual property rights ( including use of trade marks ) shall be solely owned by us. You are permitted only to use material on this website as expressly authorised by us.
7.14 Any unauthorised use of materials on this site is strictly prohibited.
7.15 We will use reasonable endeavours to verify the accuracy of any product or pricing information which we place on the site but make no warranties ( whether express or implied ) in relation to the accuracy of such information.
7.16 We aim to operate in accordance with the Data Protection Act 1998. We do not supply customer data or information to third parties. You can check the information we hold on you by emailing us. If you find any inaccuracies we will correct these on request. All personal information will be held in accordance with our legal requirement.
7.17 These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements.
8: Copyright
8.1 We are the operators of this website, and the contents of it are either our property or are used under licence from our suppliers. We are the owners of the compilation of information in this website.
8.2 Our rights, and those of our suppliers, are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions
8.3 We grant you a limited, non-exclusive and revocable licence to access our website for the purposes of browsing our product offer(s), ordering goods or services from us or obtaining contact information for us.
8.4 Your licence to access our website does not extend to any commercial use of our website, nor to any use of our website whatsoever which is for the benefit of any commercial entity other than us.
8.5 You are expressly not permitted to download any part of our site ( other than by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell ( including any resale ) or otherwise exploit our website ( or any part of it ) for any other purpose other that as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage

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