|Terms & Conditions for the Custom Handmade Dog-headed Hiking Stick Service
As its name suggests, this is a specialist service designing and creating bespoke dog headed hiking sticks. The Terms & Conditions set out below relate specifically to the goods & services provided under the custom handmade dog headed hiking stick service, and therefore override the general Terms & Conditions of Sale outlined on our website. Acceptance of our final quotation constitutes acceptance of these terms also.
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by Naysmith Ltd for the customer.
In these Terms and Conditions (“Terms”), the following words and phrases shall have the following meanings:
means the person, firm or company who purchases Goods from Us;
“We, Us, Our”
means Naysmith Ltd, trading as The Stick & Cane Shop.
means the contract between Us and You which shall be deemed to incorporate these Terms;
means any goods agreed in the Contract to be supplied by the Company to the Buyer;
“Place of Delivery”
means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
The Contract shall be on these Terms to the exclusion of all others. No terms and conditions contained in any confirmation of order, purchase order or other document provided by You or verbally, will form part of the Contract.
Price and Payment
(i) The price for the Goods shall, unless otherwise agreed, be the price identified by Us to You and set out in at the time of the initial consultation and clarified in writing. Indicative prices can be seen on our website www.stickandcaneshop.co.uk The price for the Goods shall be displayed inclusive of VAT but exclusive of all and any costs of carriage to locations outside the UK and insurance which the Buyer shall pay in addition. We reserve the right to make an additional charge for last minute or repeatedly requested alterations to the product.
(ii) Payment for bespoke sticks shall be made in two instalments. A deposit of 50% of the order value shall be due when you place your initial order. Work will not commence until you have approved the design proposal and payment of the deposit has cleared into our account. The remaining balance is payable once the stick has been made and approved by you, whereupon it will be dispatched to you.
(iii) It is understood that the initial deposit is wholly non-refundable.
(iv) Payment can be made by debit card, credit card or any of the payment options provided during checkout on our website. Payment shall not be deemed to have occurred until We have received cleared funds.
(v) Any additional charges unknown at the time of the undertaking of work, for example shipping costs, will be charged at the time when such fees are understood. These charges will be applied at the rate of the third party supplier costs.
(vi) On agreeing to the contract, You will understand that these handcarved bespoke sticks are designed to represent only a likeness of your chosen dog breed; we cannot guarantee that the stick will be an exact facsimile of a particular dog.
As all orders are made to your measurements and specifications; or otherwise modified to your requirements; you may only cancel your order by agreement in writing by The Stick & Cane Shop.
By agreeing to these Terms & Conditions, You fully accept the point outlined in Section (vii) under Price and Payment (above), that the final product’s lack of similarity to a particular dog does not constitute a valid reason for cancellation.
To cancel any order, you must inform us of such cancellation in writing and await full acceptance from The Stick & Cane Shop.
Our Cancellation Charges are found below based on the work and time undertaken at certain times throughout the process:
(i) Cancellation After Deposit Payment And During Initial Consultation: Full refund of deposit
(ii) Cancellation After Arrival Of Materials And During Carving: No refund of deposit
(iv) Cancellation After Receipt of Final Product: Maximum refund of 25% of final order value.
We offer a bespoke stick-making service. As such, you recognize that the time that it will take Us to make the Goods will vary and be dependent upon such matters as the availability of materials and your ability to respond to design consultations. In general terms, lead times from cleared payment of deposit to final creation of the stick can be between 2 to 6 months and can vary according to the number of sticks our stickmaker is working on at the one time. We shall do our best to keep you updated with the anticipated date of delivery of the goods, but unless we agree specifically in writing, time for delivery shall not be of the essence.
Risk in & Ownership of the Goods
Risk in the Goods shall normally pass to You on delivery unless you have asked Us to hold onto goods on Your behalf in which case risk passes to You at the point that you instruct us to hold them for you. However, ownership in the Goods shall not pass to You until We have received in full in cleared funds all sums due to Us in respect of the Goods.
We warrant that the Goods are of satisfactory quality. If You wish to make a claim under this warranty, You shall give written notice to Us within 30 days of the discovery of the defect and give Us a reasonable opportunity to inspect the Goods. Our liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods. Warranty claims can only be made within 6 months of purchase providing the handmade sticks are used for the purposes described at the time of order. We can give no assurance or warranty that material or paint used in manufacturing the Goods will be identical in colour, shade or texture with any example you select during the consultation process.
Since the process that we follow, at Your instruction, is one involving your careful consideration and selection of materials and design, We shall therefore only accept returns for Goods which are damaged or defective prior to final sign off. It is your responsibility to check the goods thoroughly prior to signing them off. All goods returned to Us will only be accepted subject to the following terms and conditions:
(i) Returned Goods must be returned within the warranty period set out in the previous clause;
(ii) No refund or replacement can be made against Goods which cannot be confirmed as coming from You as the person who is returning them;
(iii) Goods must be returned complete, including where appropriate all packaging in an acceptable condition. Carriage costs will not be refunded;
(iv) Returned Goods must be returned to Our address stated on the accompanying invoice. We cannot be responsible for any Goods which are returned but lost in transit.
Limitation Of Liabilities
Our liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the original price of the goods. Under no circumstances will We be liable to You for any consequential, indirect or economic loss.
Data Protection & Privacy
If We are subject to circumstances outside Our reasonable control, including but not limited to war, insurrection, riot, fire, industrial disputes, civil commotion, terrorism, pandemics, or act of god We shall notify You and such notification shall have the effect of suspending Our obligations under this Contract until We notify you that the event of Force Majeure no longer applies.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
In form and content, these Terms and Conditions shall be governed by and construed in accordance with Scottish law.