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Home >> Terms and Conditions and Privacy Policy
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Terms and Conditions and Privacy Policy

 

1. Definitions
1.1 “Buyer” means the person who buys or agrees to buy the Products from the Seller.
 
1.2 “Seller” means Zitan , of Townhead St, Thornhill Dumfriesshire DG3 5NW
 
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 available for collection.
 
1.5 “Delivery” means the collection and transportation to be organized by Zitan to the Buyer if the buyers address is in mainland UK. This refers to mainland Scotland, England and Wales. 
 
1.6 “Price” means the price for the Products quoted in Pounds Sterling including packing and VAT but excluding any delivery cost which is payable in addition and is for the account of the Buyer.
 
1.7 “Products” means the goods specified in the Buyer’s order.
 
2. Conditions applicable
 
2.1 Nothing in these conditions shall affect the Buyer’s statutory rights as a consumer.
 
2.2 The Seller shall sell and the Buyer shall purchase the Products in accordance with any written or verbal order of the Buyer which is accepted by the Seller either in writing or via its website, including but not limited to orders placed via the Seller’s Web site, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms subject to which any such order is made, or purported to be made by the Buyer.
 
2.3 In the event that the Seller has sold an item which the Buyer wishes to purchase via the Seller’s website and the website stock listings have not been updated the Seller shall advise the Buyer that the item is unavailable and the Seller shall refund the amount to the Buyer.
 
2.4 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.
 
2.5 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 Price
 
Save as provided otherwise herein the Price shall be that as stipulated on the Seller’s Web site or published catalogue current at the date of order of the Products or as stated in the Seller’s acceptance of the order. 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 Held in Stock
 
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. 
 
3.3 Availability of goods
 
All items are subject to availability. We will endeavour to inform you within 24 hours or, in any event, as soon as is reasonably practicable if the goods you have ordered are not available.
 
3.4 Ordering Errors
 
You are able to correct errors on your order only up to the point at which you click on "submit" on the final page of our ordering process
 
3.5 Acknowledgment and Acceptance of your Order
 
If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again or telephone you to confirm we have accepted your order. At this point the contract for our sale and your purchase of the goods shall be made and the contract shall be formed at the place from which our acceptance email is sent to you. No contract will be formed until you receive confirmation from us that we have accepted your order.
 
3.6 Payment
 
All payments shall be made in pounds, sterling (GBP). You may pay for any goods you order from this Site using any credit or debit card that we accept from time to time by this Site, on your order form, or by telephone at 01848 330758 between 11.00 and 17.00 hrs GMT or BST (as applicable) Monday till Friday; 
 
3.7 All items will remain the property of the Seller until paid for in full.
 
3.8 The Seller will arrange for the transportation of the goods from the Buyers address to the Seller's address. The Seller or their agent will advise the Buyer of the expected time of delivery at a mutually acceptable time.  
 
3.9 Damaged goods
 
If the goods we dispatch to you are damaged on arrival at your address please notify the courier upon delivery identifying the damage. If the damage is not discernible until you have the opportunity to inspect the contents of the packaging you must notify us no later than the next working day (Monday to Friday inclusive excluding Bank and Public holidays) following delivery with full details of the damage and return the goods to us in accordance with these Terms and Conditions.
 
3.10  We will also credit your credit or debit card with the full purchase price of the goods returned as soon as is reasonably practicable but in any event no later than 30 days from the date of receipt of notification of damage and return of the goods.
 
3.11 Taxes
 
You are responsible for the payment of any import duties and taxes levied in your country of residence. We have no control over these charges and cannot predict what they might be. You should contact your local customs office for further advice.
 
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 personalized items. If the Buyer wishes to cancel an order 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.  Subject to 4.2 below, 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 or other suitable packaging.
 
4.2 For bespoke or personalized 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 The Seller operates the following returns policy: If for any reason you are unhappy with your purchase when it is delivered, you can simply return it with the delivery driver and we will replace it for you if we have another similar item in stock or provide a full refund, other than any deposit paid for bespoke or personalized items which is not refundable as stated in 4.2 above. Alternatively you can inform us within 7 working days of the item being collected from us and delivered to you and return the goods to us. All that we ask is that the item is returned in an unused condition and suitably packaged.
 
4.4 Insofar as is permitted by law, the Seller’s only liability to the Buyer under these terms and conditions will be, at the Seller’s sole discretion, to make good any shortage, 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, such as loss of profits, loss of business and loss of income, 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 Seller’s reasonable control.
 
5. Delivery
5.1 The Buyer will be responsible for organizing delivery to the Buyers address at the Buyers expense. The Buyer will provide the Seller with the address at the time of purchase. The Seller will upon request provide the Buyer with the names and contact details of local delivery businesses that have arranged collections in the past. The Buyer will give the Seller three (3) days notice of the proposed date and time of collection that has been arranged with a delivery firm to ensure the Seller has the goods ready for dispatch
 
5.2 The Seller shall use its reasonable endeavours to meet any date agreed for collection.
 
5.3 In any event time of collection 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 holder’s 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.
 
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 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 Seller’s 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 Buyer’s monitor, software or printer.
 
6.4 All measurements shown on the Seller’s 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 collection.
 
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 Seller’s premises, manufacturing plant or its agent’s 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 Excluded services
The services provided by the Zitan do not include the provision of computer or other necessary equipment to access the Zitan Site. To use the site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur in this regard.
 
8.3 Damage to your Computer
Zitan makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Zitan shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
 
8.4 Limitations of use 
You may not use the Zitan Site for any of the following purposes: 
• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material 
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• Gaining unauthorised access to other computer systems, interfering with any other person's use or enjoyment of the Zitan Site 
• Breaching any laws concerning the use of public telecommunications networks 
• Interfering or disrupting networks or web sites connected to the Zitan Site 
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
 
8.5 Disclaimer
In particular, we disclaim all liabilities in connection with the following: 
• incompatibility of the Zitan Site with any of your equipment, software or telecommunications links 
• technical problems including errors or interruptions of the Zitan Site 
• unsuitability, unreliability or inaccuracy of the Zitan Site 
• inadequacy of the Zitan site to meet your requirements
 
8.6 Damages and Claims
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Zitan Site or your purchase of goods from us. 
You agree that you shall not make any claim against Zitan to the extent that, as a result of any such claim, our aggregate liability in respect of all causes of action arising out of or in connection with your use of this Site or our supply of goods to you (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all), including for the loss or damage to goods whilst in transit, would exceed an amount equal to the value of the goods delivered to you by us under these terms and conditions. Zitan shall not be liable for any claim unless you give us written notice of the claim within 6 months of becoming aware of the circumstances giving rise to the claim or, if earlier, 6 months from the time you ought reasonably to have become aware of such circumstances.
 
8.7 No Representation
Except as expressly provided in these Terms and Conditions, Zitan excludes all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law. Nothing in these Terms and Conditions shall exclude Zitan liability for personal injury or death caused by its negligence.
 
8.8 Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. 
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. 
If you breach these Terms and Conditions and Zitan ignores this, Zitan will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. 
Zitan shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. 
A person who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions.
 
9.0 Law, Jurisdiction and Language 
 
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Scottish Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Scotland. All contracts are concluded in English.
 
10.0 Privacy Policy

This Privacy Policy ('Policy') embodies our commitment to its protection through adherence to fair electronic information practices.This Policy puts you, the individual, in control of how your personal information is processed. You have our promise that we will not electronically process your personal information in any way that is incompatible with this Policy.

By submitting your information you consent to the use of that information as set out in this policy.

This Privacy Policy protects your privacy by:

The types of personal information we collect about you through our Web sites;How it collects that information;The general purposes for which it collects such information;The types of organizations to which it discloses the information;The choices and means by which individuals may limit its use and disclosure.

Empowering you to choose:

Whether and how certain personal information you provide is used (where such use is unrelated to the uses for which you originally disclosed it); and

Whether and the manner in which a third party uses certain personal information you provide (where such use is unrelated to the uses for which you originally disclosed it).

Assuring you that Zitan:

Takes reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction;Implements reasonable policies and procedures to ensure that personal information is kept only for the purposes for which it has been gathered;

Uses reasonable measures to ensure that we have accurately and completely recorded the personal information you have provided; and

Provides you reasonable access to your personal information as well as procedures for correcting or modifying that information where appropriate.

Ensuring accountability 

Only those Zitan employees that have a legitimate business purpose for accessing and handling personal information obtained by us are given authorization to do so. The unauthorized access or use of such information by a Zitan employee is prohibited and constitutes grounds for disciplinary action.

Notification of Changes 

We will post any changes to this Privacy Policy 30 days before their effective date so you will always know what information we collect, how we use it, and under what circumstances, if any, we disclose it. You are responsible for periodically checking our web site for changes to this Privacy Policy. Continued use of the service will signify that you agree to any such changes. You may opt-out of any posted change to our collection, use or disclosure of your personal information by sending an e-mail to zitan@tiscali.co.uk

If you have any questions regarding this Privacy Policy, please contact zitan@tiscali.co.uk

Definitions 

In these terms and conditions: 

'This website' means our presence on the Internet;

'our', 'we' and 'us' means Zitan and, where applicable, its officers, employees and authorised agents; and

'you' and 'your' refer to any individual, company or business (whether registered by us as an investor or not) to whom we provide Services by means, including but not limited to, telephone, face-to-face contact, postal correspondence, electronic mail or via our website www.Zitan.co.uk hereon referred to as the website.

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