Terms and Conditions for the Sale and Supply of Goods

1. Introduction

These terms and conditions together with our Privacy Notice which can be found on our website at www.thesoundbothy.com ("Website"), ("Terms and Conditions") confirm the basis on which we supply any of our products shown or described on our Website ("Products") to you, the person purchasing the Product ("You").

Please read these Terms and Conditions carefully before placing your order. By proceeding with an order you are agreeing to be bound by these Terms and Conditions. Should you not wish to be bound by these Terms and Conditions then you should not proceed with any order of Products from our Website.

2. About us

www.thesoundbothy.com is a website owned and operated by Jenna Hallworth trading as The Sound Bothy ("We", "Us"), operating in Scotland. Our principal place of business is at 3, Cowstones, Hatton of Fintray, Aberdeenshire, AB21 0HY.

3. Your obligations

3.1. By placing an order through our Website, you agree and warrant that:

• You are legally capable of entering into binding contracts; and
• You are at least 18 years of age;
• All of the information that you provide to us is true and accurate.

4. Website Content and Amendments

4.1. Access to our Website is free of charge.

4.2. Access to our Website is provided on an 'as-is' and 'as available' basis. From time to time we may be required to undertake changes or amendments to our Website, including making changes or amendments to our Products, which includes routine and unexpected maintenance. It shall be your responsibility to ensure that you have all necessary requirements to allow you to view our Website. We shall not be liable for any lack of accessibility to our Website.

4.3. We make every effort to try and ensure that the images of our Products, the prices displayed, and any descriptions of our Products are accurate.

4.4. All images are for illustrative purposes only and any measurements or dimensions displayed are approximate. Products and packaging received may vary slightly from the images shown.

4.5. In terms of the colour of Products, we accept no liability for colours not matching the colour displayed on your viewing monitor or screen as this is dependent on the quality and abilities of your monitor or screen.

4.6. We reserve the right to make changes to the Website and to these Terms and Conditions at any time and without any notice or warning. Such changes may include, but are not limited to:

• additions, amendments, modifications or removal, to any or all of these Terms and Conditions;
• additions, amendments, modifications or removal of any promotions, offers or discounts;
• additions, amendments, modifications or removal of Products, Product descriptions, Product information or any other Website content;
• temporary or permanent withdrawal of the Website.

Please review our Website and these Terms and Conditions regularly for changes.

5. Placing an Order

5.1. After placing your order ("Order") you will receive an email from us acknowledging that we have received your Order and confirming the details of your Order.

5.2. Our email acknowledgment is not our acceptance of your Order. Your Order will only be accepted once we are satisfied that:

• the Product is in stock and available for delivery;
• the details of the Product are correct; and
• payment has been approved and processed.

5.3. We will confirm our acceptance of your Order by sending an email confirming that your Order has been approved and that we are preparing your Product for dispatch ("Confirmation Email"). The contract ("Contract") between us will be formed when we send the Confirmation Email.

5.4. Should there be any conflict between these Terms and Conditions and any term of the Order then the Order will take priority.

5.5. In the event you have paid for a Product and we are unable to supply or deliver the Product to you we shall notify you by email and provide you with a full refund of the purchase price paid along with any delivery costs paid.

6. Your Rights to Cancel

6.1. If you are a consumer then you have a legal right to cancel your Contract within 14 days starting from the day after you receive the Product.

6.2. If during the 14-day period you decide to cancel the Contract you must notify us of your decision and you will be entitled to a full refund of the price paid for the Product.

6.3. To cancel your Contract you must inform us in writing by email to hello@thesoundbothy.com. When contacting us please include your name and your order number.

6.4. When cancelling your Contract, you must return the Product to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation to us. The Product must be returned in the original packaging in which you received it, in the same condition that the Product was supplied to you, and at your own cost and risk unless the Product is faulty or not as described. The Product remains your responsibility until it is safely delivered back to us.

6.5. The cancellation of your Contract will take effect from the date your email or letter notifying us of your cancellation is sent.

6.6. Once we receive your notice of cancellation, we shall process your refund in accordance with the terms as set out below.

7. Refunds and Returns

Cancellation

7.1. If you cancel your Contract in accordance with clause 6 above, we shall provide you with a full refund of the price paid for the Product. We reserve the right to make a deduction from your refund where the value of the Product has been diminished by unnecessary handling or damage caused by you.

Faulty Product

7.2. If your Product arrives damaged or develops a genuine fault, you have a statutory right to a full refund within 30 days of delivery under the Consumer Rights Act 2015. You must notify us immediately at hello@thesoundbothy.com with details and photographic evidence.

7.3. It will be necessary for us to physically inspect the Product before an official refund is issued. Where a genuine fault or transit damage is confirmed upon inspection, we shall provide you with a full refund of the purchase price and the cost of returning the Product to us (up to the value of standard Royal Mail Signed For/recorded delivery, subject to official dated proof of postage).

7.4. We shall not provide a refund if, upon inspection, a genuine fault is not found, or if we determine that the damage was caused by you after delivery. In such cases, you will be responsible for the cost of returning the Product back to you. Due to the unique antique nature of our Products, a replacement cannot be issued.

General

7.5. All successful refunds will be processed within 14 calendar days from the date we receive the Product back from you (or from the date a fault is officially agreed).

7.6. Refunds will be made using the original payment method used by you to purchase the Product.

7.7. For more detailed information concerning your statutory rights as a UK consumer, you can visit the official Citizens Advice website at www.citizensadvice.org.uk.

8. Delivery and Shipping

8.1. Mainland UK: Estimated delivery is within 14 days. In the event of courier delays, final delivery will not exceed 30 days from your Confirmation Email unless specified.

8.2. International: Estimated delivery is within 30 days. Due to international customs processing for antique items, final delivery may take up to 90 days from your Confirmation Email.

• international buyers are fully responsible for any local import duties, taxes, and customs clearance fees.
• we shall not be liable for any applicable import or custom duties or taxes and are unable to predict their amounts.
• where you request international delivery you will be responsible for complying with any and all applicable laws and regulations for the country to which delivery is requested.
• we shall not be liable if you are in breach of any applicable laws or regulations.

8.3. Delivery of your Order will be completed when:

• the Product has been delivered to the delivery address provided by you;
• the Product has been delivered directly to you; or
• a delivery service organised by you collects the Product from us.

8.4. You will be responsible for the Product once the delivery has been completed as set out above.

9. Price and Payment

9.1. The Price of Products will be as shown on our Website, except where there is an obvious error.

9.2. We reserve the right to make changes to our prices at any time. Any changes will not affect the price of Products where a Confirmation Email has been sent prior to a price change being made.

9.3. Our prices are quoted in GB Pound Sterling and are exclusive of VAT.

9.4. Standard delivery is free of charge, as stated on our Website.

9.5. In the event it comes to our attention that a Product on our Website is incorrectly priced, where the correct price is lower than the price shown on our Website, we shall charge the lower amount. Where the Product's correct price is higher than the price shown on the Website, we shall contact you to ask whether you wish to proceed with the purchase at the correct, higher price, or we shall reject your Order and notify you that your Order has been rejected.

9.6. Where a pricing error exists and that error is obvious, unmistakable and could have been reasonably recognised by you then we shall have no liability or obligation to provide the Product to you at the lower, incorrect price.

9.7. Where we offer a discount or other promotional offer or code then these will be subject to individual terms and conditions.

9.8. Payment for your Product should be paid by credit or debit card in advance. Your card will be charged once the Order has been placed.

10. Passing of property

10.1. We shall retain the rights in the property of any Product until full payment has been made by you and received by us.

10.2. You will only own the Product once full payment has been received by us.

11. Our Liability

11.1. Our Product is intended to be used as described on our Website and on the basis set out within these Terms and Conditions and should not be used for any other purposes.

11.2. We warrant that our Products are of satisfactory quality and reasonably fit for the purposes in which they are intended to be used as described on our Website.

11.3. Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.

11.4. Our liability to you for any losses that you suffer as a result of us breaching these Terms and Conditions is limited to the purchase price of the Product and any reasonably foreseeable losses.

11.5. We shall not be liable to you for:

• any failure to deliver any Product where we are prevented due to a reason beyond our reasonable control; or
• any losses arising from your choice of Product or your use of the Product once delivered.

11.6. Our liability does not exclude or limit:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• defective products;
• breach of the implied terms under the Consumer Rights Act 2015 (namely that products must be of satisfactory quality, fit for purpose, and as described).

11.7. Where we use testimonials or reviews on our Website these are not intended to represent or guarantee that anyone will achieve the same or similar results. We make no guarantee, representation or warranty with respect to our Products other than as set out within these Terms and Conditions.

11.8. We are unable to guarantee the transmission of information via the internet as it is not always secure. We shall do our best to protect your personal data but we are unable to guarantee the security of any information, including personal data, that is transmitted to us via our Website or otherwise through the internet. Any information that you send to us is at your own risk. Once we have received your information or personal data we shall process it securely in accordance with the terms of our Privacy Notice.

11.9. The provisions contained within this clause shall continue in force notwithstanding the termination of our arrangement for any reason.

12. Events outside of our control

12.1. We shall not be responsible for any failure to perform, or a delay in the performance of any of our obligations under these Terms and Conditions should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control ("Events"), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control.

12.2. Should an Event arise which affects our performance then:

• we shall contact you as soon as possible;
• the time for performance under our contract and our obligations under these Terms and Conditions will be suspended for the duration that the Event continues;
• if your delivery date is affected by an Event then we shall contact you with an updated delivery date once the Event is over;
• you have the right to cancel your contract in accordance with Clause 6.1. We reserve the right to cancel your contract where an Event continues for longer than 8 weeks.
• all refunds will be considered in accordance with our refunds policy set out in Clause 7.
• all liability limitations shall be governed in accordance with Clause 11.

13. Contact Information

13.1. Any notice to be provided to us in writing should be sent by email to: hello@thesoundbothy.com

13.2. Where we need to contact you, we shall use the contact information you provided when you placed your Order.

13.3. Any notice that is sent will be deemed received and properly served 48 hours after an email is sent.

14. Intellectual Property Rights

14.1. All content that is displayed on our Website and on or within our social media channels, which includes, but is not limited to, website design and layout, text, images, logos and graphics, video, data, code, audio, document files, software and any other resources and information ("Content") belongs to us and all copyright, moral ownership and any other intellectual property rights that arise and/or exist within that Content (and any and all derivatives of it) is owned exclusively by or licensed to us. All content and information is protected by the intellectual property laws applicable to the United Kingdom as well as international intellectual property laws and treaties.

14.2. By purchasing any of our Products you hereby agree and undertake that from the date of purchase you will:

• not to infringe any of our copyrights, trademarks or other intellectual property rights;
• not to reproduce, copy, distribute, broadcast, transmit, sell, rent, publish, share or otherwise use the Product.

14.3. The provisions contained within this clause shall continue in force notwithstanding the termination of our arrangement for any reason.

15. Data protection

15.1. All personal information that we may use will be collected, processed and held in accordance with the provisions of the UK General Data Protection Regulation ("UK GDPR") and the Data Protection Act 2018. For full details of how we process, use, collect and store your personal data please refer to our Privacy Notice.

15.2. Where you provide us with a testimonial, review or similar information ("Review") then in doing so you consent for us to exhibit, copy, publish, distribute, use on our Website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.

15.3. The provisions contained within this clause shall continue in force notwithstanding the termination of our arrangement for any reason.

16. General

16.1. We may assign our rights and obligations under these Terms and Conditions to any other person. In the event such an assignment arises then we shall inform you in writing by email.

16.2. Re-selling or distribution of our Product is prohibited. Purchase of the Product does not provide any licence, authorisation or right to resell or distribute our Product for commercial purposes. We reserve the right to limit the number of Products ordered and reserve the right to cancel any Order which we suspect is being purchased for resale or distribution.

16.3. You cannot transfer your rights and obligations under these Terms and Conditions to any other person without our written approval.

16.4. The Contract shall be between you and us. No third party shall have any right to enforce any terms.

16.5. In the event any provision of these Terms and Conditions is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

16.6. Our failure to insist that you perform any of your obligations under these Terms and Conditions or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will only be in writing, and it does not mean that we will waive any of your future defaults.

16.7. These Terms and Conditions and our Privacy Notice represent the entire agreement between us and supersede all other negotiations, previous agreements, correspondence, promises, assurances, warranties, representations, understandings or discussions between us whether written or oral, relating to its subject matter.

16.8. These Terms and Conditions and the arrangement agreed between us shall be governed by the laws of Scotland and the exclusive jurisdiction of the Scottish courts.

Cancellation Form

Complete and return this form ONLY if you wish to cancel your Contract with us.

To: Jenna Hallworth via email at hello@thesoundbothy.com

I hereby give notice that I wish to cancel my contract of sale for the following Product:

• Product Details / Order Number: _____________________________________________
• Ordered on (DD/MM/YYYY): _____________________________________________
• Received on (DD/MM/YYYY): _____________________________________________
• Name of Consumer: _____________________________________________
• Address of Consumer: _____________________________________________
• Signature of Consumer: _____________________________________________ (Only required if this form is printed and submitted on paper)
• Date: _____________________________________________

Refunds and Returns

We want you to be entirely happy with your purchase. If you are not and you need to return your Product to us, you can do so in accordance with the terms below:

Cancellation of your Order (Change of Mind)

If you are a UK consumer, you have a legal right to cancel your Contract within 14 days starting from the day after you received the Product. If you decide to cancel your Contract, you must notify us of your decision and you will be entitled to a full refund of the price paid for the Product, including standard delivery costs. (We shall not refund any premium delivery options such as special or next-day delivery).

To cancel your Contract you must inform us in writing by email at hello@thesoundbothy.com. When contacting us please include your name and your order number.

You must return the Product to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation to us. The Product must be returned in the same condition in which you received it, at your own cost and risk. The Product remains your responsibility until it is safely delivered back to us.

Your right to cancel does not apply to any Products that are bespoke, or made to your specific requirements.

Following the cancellation of your Contract, we shall provide you with your refund within 14 calendar days of receiving the Product back (or 14 days from when you provide official proof of postage). We reserve the right to make a deduction from your refund amount where the value of the Product has been diminished by unnecessary handling or damage caused by you.

Once this 14-day period following delivery of the Product has passed, no change-of-mind refunds shall be provided.

Antique Character, Faults and Damages

Many of our Products are unique antique or vintage items. Natural signs of age, wear, patina, and pre-existing structural characteristics (such as surface cracks or minor deformations) form an essential part of the unique character of these items. We make every effort to display and describe these characteristics clearly in our product descriptions and images. You cannot claim a refund or reject a Product based on age-related wear or flaws that were clearly visible or described on the website before your purchase.

However, if you discover a new or undisclosed fault, or if your Product arrives broken or damaged due to transit, you have a statutory right to a full refund within 30 days of delivery under the Consumer Rights Act 2015.

Please contact us immediately by email at hello@thesoundbothy.com with details and photographic evidence of the issue. To help us process your claim quickly and address any transit issues with our couriers, we kindly request that you notify us within 48 hours of delivery whenever possible. This does not affect your statutory 30-day right to a full refund.

Product Inspection and Processing

Upon receipt of your email regarding a faulty or damaged item, we will contact you to confirm the next steps. In all cases, it will be necessary for us to inspect the Product before an official refund is issued. Due to the nature and age of our products, this requires initial photographic evidence from you at your first point of contact, followed by a physical inspection by us once the product has been returned.

Where a genuine fault or transit damage is confirmed upon inspection, we shall provide you with a full refund of the purchase price and the cost of returning the Product to us (up to the value of standard Royal Mail signed for/recorded delivery, and official proof of postage clearly stating our address, date and the cost is required).

We shall not provide a refund if, upon inspection, a genuine fault is not found, or if we determine that the fault or damage was caused by you after delivery. In such cases, it shall be your responsibility to pay for the return transit of the Product back to you.

All successful refunds will be processed within 14 calendar days from the date we receive the Product back from you (or from the date a fault is agreed). Refunds will be made using the original payment method used by you to purchase the Product.