1. ABOUT US
1.1. Scottish Leather Group Operations Limited (company number SC015274) trading as Muirhead (“we” and “us”) is a company registered in Scotland with our registered office at Baltic Works, Kilbarchan Road, Bridge of Weir, Renfrewshire, PA11 3RH. Our main trading address is Baltic Works, Kilbarchan Road, Bridge of Weir, Renfrewshire, PA11 3RH. Our VAT number is GB 262 885 723. We operate the website www.muirhead.co.uk. Our online store on this website is hosted by Shopify.
1.2. To contact us telephone our customer service team at +44(0) 1505 801 904. How to give us formal notice of any matter under the Contract (as defined below) is set out in clause 12.
2. BASIS OF CONTRACT
2.1. These terms and conditions (“Terms”) apply to the order by you and supply of goods by us to you (“Contract”). No other terms are implied by trade, custom, practice or course of dealing. In agreeing to these Terms, you acknowledge that you are dealing with us as a business rather than as a consumer as our business model and contractual framework is based upon the supply of goods on a business-to-business basis.
2.2. If you are placing an order online please follow the onscreen prompts. Each order is an offer by you to buy the goods specified in the order (“Goods”) subject to these Terms.
2.3. Our website order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
2.4. After you place an order, you will receive an email from us acknowledging that we have received it and confirming that the Goods have been ordered. We will process the order, and such processing of the order will constitute acceptance of these Terms forming the Contract between you and us. The Contract will be reaffirmed when we send you confirmation of dispatch.
2.5. The minimum number of goods that we will accept an order for is one full hide. The maximum number of goods that we will accept an order for is 10 full hides.
3. GOODS
3.1. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the goods. The colour of your Goods may vary slightly from those images.
3.2. We supply full hides, each unique due to the natural characteristics of leather. Some goods have a variance in size and shape. On average, hides are around 4.5 square metres (48.4 square feet). We aim to supply hides no smaller than a minimum size of 4.2 square metres, but we will not accept any claims relating to a deficiency in the measurement of a hide. The prices on our website are fixed.
3.3. We reserve the right to amend the specification of the goods if required by any applicable statutory or regulatory requirement.
3.4. We do our best to keep in stock most goods that are advertised by us. All stock availability, as represented on our website, is accurate in accordance with our current stock levels, but these stock levels are subject to change without notice. Goods will not be secured for you until payment for those products has been processed.
4. PRICE AND PAYMENT
4.1. The prices of the goods will be as quoted on our website at the time you submit your order. Prices for our goods may change from time to time, but, subject to clause 4.2 below, changes will not affect any order you have already placed and we have accepted. Once we have accepted the order, the price you are charged will remain as per the original order.
4.2. It is always possible that, despite our best efforts, some goods may be incorrectly priced on our website. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as mispricing, we may end the Contract, refund you any sums you have paid and require the return of any such Goods provided to you.
4.3. The price of the goods includes amounts in respect of value added tax (“VAT”) and any other applicable taxes. The price of the goods also includes delivery and carriage charges (see clause 5 below).
4.4. You can only pay for Goods using a number of pre-agreed forms of payment, such as credit card, at the point of order. We accept the following payment methods: Apple Pay, Google Pay, Shop Pay, Visa credit card or Mastercard credit card.
4.5. Payment for the Goods and all additional delivery and carriage charges (if applicable) is in advance. We will charge your payment method at the point of order and before we dispatch your Goods.
5. DELIVERY
5.1. Any timeframes quoted by us for dispatch or delivery shown on our website or in any email confirmation are an estimate only and shall not bind us. We shall not be liable for the consequences of any delay beyond such time or date.
5.2. We will use reasonable endeavours to deliver the Goods as soon as practicable once we have confirmed your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 11 for our responsibilities when this happens.
5.3. If the Goods are out for delivery with a carrier and you fail to take delivery, any additional costs and charges imposed by the carrier will be borne entirely by you and not us.
5.4. If we fail to dispatch the Goods within 3 weeks of order, you may cancel the Contract or any order placed under the Contract. To cancel please contact us. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
5.5. The price of the Goods includes delivery and carriage charges.
5.6. All packages will be dispatched by DHL.
5.7. We currently deliver within the United Kingdom only. We do not offer international delivery.
6. TITLE AND RISK
6.1. You own the Goods and property in the Goods shall pass to you once we have received payment in full, including of all additional delivery and carriage charges (if applicable).
6.2. Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order, and the Goods will be at your risk from that time.
7. LIABILITY
7.1. The Goods are intended for use in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
7.2. Subject to clause 7.3, if:
7.2.1. you give us notice in writing within 5 working days of delivery that some or all of the Goods are not free from material defects in design, material and workmanship;
7.2.2. we are given a reasonable opportunity of examining the Goods; and
7.2.3. if we ask you to do so, you return the Goods to us at your cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
7.3. We will not be liable under clause 7.2 if:
7.3.1. you make any further use of the Goods after giving notice to us under clause 7.2;
7.3.2. the defect arises as a result of us following any drawing, design or specification supplied by you;
7.3.3. the Goods are folded, used, cut or incorrectly packed or otherwise not in re-saleable condition;
7.3.4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
7.3.5. the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
7.4. We will only be liable to you for the Goods' failure to be free from material defects in design, material and workmanship to the extent set out in this clause 7, and repair or replacement in accordance with clause 7.2 is your only remedy. All warranties, representations, conditions or undertakings implied at common law or by statute are hereby expressly excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
7.5. These Terms also apply to any repaired or replacement Goods supplied by us to you.
8. LIMITATION OF LIABILITY
8.1. Subject to clause 8.2, we shall not be liable to you in any circumstances (whether in contract, delict / tort (including negligence), breach of statutory duty or otherwise) for any (a) loss of profits, sales, business or revenue, (b) loss of business opportunity, (c) loss of anticipated savings, (d) loss of goodwill or (e) indirect, special or consequential loss or damages that may be suffered by you.
8.2. Nothing in these terms shall be deemed to exclude or limit (a) the party’s liability for death or personal injury resulting from its own negligence, (b) fraud or fraudulent misrepresentation or (c) any other liability which cannot be excluded or limited under applicable law.
8.3. Subject to clause 8.2 above, our total liability to you arising under or in connection with the performance of the Contract or the supply of the Goods shall not exceed a sum equal to 100% of the price of the Goods.
9. RETURNS
9.1. You shall be entitled to return any Goods by contacting our sales team using the details provided in clause 1.2 within 7 days from the date of delivery, provided that the Goods are in the same condition as they were in when supplied and packed in the original packaging. We shall be entitled to reject any Goods returned without the agreement of a member of our sales team (including any documentation they may request) or which are folded, used, cut or incorrectly packed or otherwise not in re-saleable condition.
9.2. You will be liable for your own delivery and carriages costs for any Goods returned plus a 30% handling fee based on the value of the Goods being returned.
10. TERMINATION
10.1. Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
10.1.1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
10.1.2. you fail to pay any amount due under the Contract on the due date for payment;
10.1.3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
10.1.4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
10.1.5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
10.2. Termination of the Contract, however arising, shall not affect your or our rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
10.3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
11. EVENTS OUTSIDE OUR CONTROL
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).
11.2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
11.2.1. we will contact you as soon as reasonably possible to notify you; and
11.2.2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.3. You may cancel the Contract or any order placed under the Contract affected by an Event Outside Our Control which has continued for more than 90 days. To cancel please contact us.
12. COMMUNICATIONS BETWEEN US
12.1. A reference to “writing” or “written” in these Terms includes email.
12.2. Any notice or other communication given by one of us to the other under or in connection with the Contract shall be in writing and shall be:
12.2.1. delivered by hand or by pre-paid first-class post or other next working day delivery service at the address set out in the confirmation of order or to such other address as may be provided by one of us to the other from time to time; or
12.2.2. sent by email to the address as may be provided by one of us to the other from time to time.
12.3. Any notice or communication shall be deemed to have been received:
12.3.1. if delivered by hand, on the following working day and on signature of a delivery receipt;
12.3.2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00am on the fifth working day after posting or at the time recorded by the delivery service; and
12.3.3. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, at 9.00 am the next working day after transmission provided no ‘undeliverable’ notification has been received from the relevant party’s service provider.
For the purposes of this clause 12.3, business hours means 9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt.
12.4. This clause 12 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
13. DATA PROTECTION
We will use your personal information as set out in our Privacy Policy.
14. GENERAL
14.1. Assignation. We may assign or transfer our rights and obligations under the Contract to another entity without your consent but will always notify you in writing or by posting on our website if this happens. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
14.2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
14.3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
14.4. Severance. Each clause of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.
14.5. Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
14.6. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
14.7. Language. These Terms and the Contract are made only in the English language.
14.8. Your copy. You should print a copy of these Terms or save them to your computer for future reference. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
15. STORING LEATHER HIDES AFTER CUSTOMER RECEIPT
15.1. Recommended Conditions for Storing Leather. Leathers and hides should be stored in a clean, well-ventilated environment where temperature and humidity are maintained at local ambient levels. It is important to note that higher storage temperatures are possible, but that large temperature fluctuations should be avoided as this can promote the aging process. Storing in close proximity to direct sources of heat, cold or moisture should be avoided. Lighting levels should be kept to a minimum during storage where possible, avoiding exposing any leather to bright spotlights or direct sunlight over prolonged periods of time because this can cause the leather to fade, discolour and dry out.
15.2. General Storage Guidelines. Hides should be removed from their original packaging promptly after delivery. If they require storage for a longer period, they should be unpacked and hung or draped over an appropriate stand or tress. If the hides are kept in good storage conditions, there is no maximum storage time, though they should be checked monthly. For short-term storage, hides can be kept on the rolls provided, but care should be taken not to compact the hides or place items on top of them. Limiting the stacked height of leather rolls during storage will help prevent creasing.
16. GOVERNING LAW AND JURISDICTION
16.1. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of Scotland.
16.2. Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.