Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Trade Outlet Scotland Ltd (“Trade Outlet Scotland”, “we”, “us” or “our”).
These Terms of Service apply to your use of our website and to purchases made from Trade Outlet Scotland Ltd.
By placing an order with us, you agree to these Terms together with our Returns & Refund Policy, Privacy Policy and any specific conditions stated in the relevant product listing.
Nothing in these Terms excludes or restricts any statutory rights which cannot legally be excluded or restricted.
1. OUR GOODS
Trade Outlet Scotland Ltd sells a variety of goods which may include new, used, ex-commercial, ex-display, surplus, liquidation, discontinued, clearance and job-lot stock.
Customers should read the complete product description and examine all available photographs before purchasing.
Used and ex-commercial equipment may show signs of age and previous use including scratches, marks, dents, discolouration, previous installation or repair, missing original packaging and other cosmetic imperfections.
Where a particular defect, limitation or condition is disclosed before purchase, that disclosure forms part of the description and condition of the goods.
2. TESTING AND CONDITION
The testing status of equipment will be stated in the product listing where reasonably possible.
Terms such as “tested”, “powers on”, “working”, “untested”, “faulty”, “spares or repair” or similar descriptions relate to the condition or testing undertaken by us at the time described.
Unless specifically stated otherwise, we do not represent that used commercial equipment has undergone a manufacturer-approved service, certification or comprehensive technical inspection.
Customers remain responsible for arranging any installation, commissioning, servicing, certification or safety inspection that may reasonably be required before commercial use.
Nothing in this section affects statutory consumer rights.
3. BUSINESS AND TRADE CUSTOMERS
A customer purchasing wholly or mainly for purposes relating to their trade, business, craft, profession or resale will be treated as a business customer.
Business customers acknowledge that many of our products are clearance, surplus or previously used commercial goods.
Business customers are responsible for satisfying themselves before purchase that goods are suitable for their intended commercial application.
This includes checking dimensions, capacity, electrical requirements, phase requirements, gas type, plumbing requirements, access requirements and compatibility where relevant.
Except where otherwise agreed by us in writing, business purchases are final and change-of-mind returns are not accepted.
Nothing in these Terms excludes or restricts liability where doing so would be unlawful or unreasonable under applicable law.
4. CONSUMER CUSTOMERS
Where you purchase wholly or mainly outside your trade, business, craft or profession, you may qualify as a consumer.
Consumers retain all mandatory rights provided by applicable consumer law.
Our Returns & Refund Policy explains applicable cancellation and return arrangements.
Nothing contained in these Terms is intended to remove or reduce a consumer's statutory rights.
5. PRICES
Prices displayed on our website are the prices applicable at the time an order is placed, subject to any obvious pricing or technical error.
Delivery or other applicable charges will be displayed or agreed separately where appropriate.
We reserve the right to change prices for future orders at any time.
A price change will not retrospectively alter an order already accepted by us unless required by law or agreed with the customer.
6. PAYMENT
Payment must be made using an accepted payment method.
We may withhold dispatch or collection until cleared payment has been received.
Where payment is reversed, charged back or otherwise fails after goods have been supplied, we reserve all rights available to us to recover the outstanding amount and, where legally recoverable, associated costs.
7. ORDER ACCEPTANCE
Submitting an order does not necessarily mean that we have accepted it.
We may decline or cancel an order before acceptance where, for example:
• stock is unavailable;
• there has been an obvious pricing or listing error;
• payment cannot be authorised;
• delivery cannot reasonably be completed; or
• we reasonably suspect fraud or misuse.
If we cancel an order after receiving payment and no goods have been supplied, the amount paid for the cancelled goods will be refunded.
8. AVAILABILITY
Much of our stock consists of limited-quantity, clearance, liquidation or one-off goods.
Availability cannot therefore be guaranteed until an order has been accepted.
Once a particular item or batch has sold, identical replacement stock may not be available.
9. DELIVERY
Delivery estimates are estimates unless we expressly agree a guaranteed delivery date.
Customers are responsible for providing accurate delivery information and ensuring reasonable access for the type and size of goods ordered.
For large, palletised or commercial equipment, the customer must ensure that suitable access and unloading arrangements are available where required.
We are not responsible for delays caused by circumstances outside our reasonable control, subject to any rights which cannot legally be excluded.
10. FAILED DELIVERY
Where delivery cannot reasonably be completed because the customer has supplied incorrect information, nobody is available to receive the goods, suitable access is unavailable, or appropriate unloading arrangements have not been made, we may charge reasonable additional costs actually incurred in arranging another delivery, where legally permitted.
11. COLLECTION
Customers collecting goods must arrange collection with us where required.
Customers are responsible for using an appropriate vehicle and safely securing and transporting collected goods.
Where reasonably practicable, customers are encouraged to inspect goods before leaving our premises.
For machinery or equipment, customers are responsible for ensuring that their vehicle and loading arrangements are appropriate for the size and weight involved.
12. RISK AND OWNERSHIP
Risk in goods will pass in accordance with applicable law and the agreed method of supply.
Ownership of goods will not pass to the customer until we have received cleared payment in full for those goods, to the extent permitted by law.
13. INSTALLATION AND COMMERCIAL EQUIPMENT
Unless expressly included in the product description or agreed separately in writing, installation, commissioning, electrical work, gas connection, plumbing, certification and servicing are not included in the purchase price.
Commercial machinery and equipment should be installed, commissioned and inspected by suitably competent or qualified persons where appropriate.
Trade Outlet Scotland Ltd is not responsible for damage caused by incorrect installation, inappropriate power supply, misuse, unauthorised modification or use contrary to manufacturer requirements, except to the extent that liability cannot legally be excluded.
14. THREE-PHASE AND SPECIALIST EQUIPMENT
Customers purchasing three-phase electrical equipment, gas appliances or other specialist commercial machinery are responsible for checking that their premises and supply are compatible before purchase.
Installation and connection should be undertaken by appropriately competent persons where required.
15. TILES, CLEARANCE STOCK AND JOB LOTS
Tiles and other batch-manufactured goods may vary in shade, calibre, colour or appearance between production batches.
Customers should purchase sufficient quantities for their intended project because additional matching stock may not subsequently be available.
Any batch, shade, calibre, quantity or known variation disclosed before purchase forms part of the description of the goods.
16. RETURNS AND REFUNDS
Returns, cancellations and refunds are governed by our Returns & Refund Policy together with applicable law.
Business customers do not have consumer change-of-mind rights.
Consumer statutory rights remain unaffected.
17. THIRD-PARTY MANUFACTURERS
References to manufacturers, trademarks and model names are used to identify and describe products.
Unless expressly stated otherwise, Trade Outlet Scotland Ltd is an independent reseller and is not necessarily affiliated with or authorised by the original manufacturer.
Any remaining manufacturer warranty applies only where it is valid and transferable.
18. INFORMATION AND IMAGES
We take reasonable care to describe products accurately.
Photographs of used and clearance goods may form an important part of the product description and customers should examine them carefully.
Minor differences caused by screen settings, lighting or photography may occur.
Nothing in this section permits us to supply goods materially different from their contractual description.
19. LIABILITY – CONSUMERS
Nothing in these Terms excludes or limits liability which cannot legally be excluded or limited, including liability for death or personal injury where exclusion is prohibited by law, fraud or fraudulent misrepresentation, or mandatory consumer rights.
20. LIABILITY – BUSINESS CUSTOMERS
For customers acting wholly or mainly in the course of business, trade, craft or profession, to the fullest extent permitted by law, Trade Outlet Scotland Ltd will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of anticipated savings or business interruption arising from the transaction.
Nothing in these Terms excludes liability where exclusion would be unlawful.
Any limitation or exclusion applying to a business customer is subject to any applicable statutory requirement of reasonableness.
21. CUSTOMER INFORMATION
Customers are responsible for ensuring that information supplied when ordering, including contact details and delivery information, is accurate.
We are not responsible for consequences arising solely from materially incorrect information supplied by the customer where we have reasonably relied upon that information.
22. WEBSITE USE
You must not misuse this website, attempt unauthorised access, introduce malicious software, interfere with its operation or use it for unlawful or fraudulent purposes.
23. INTELLECTUAL PROPERTY
Unless otherwise stated, content created by or for Trade Outlet Scotland Ltd, including our branding, original photographs, descriptions and website content, may not be commercially reproduced without permission, subject to applicable law.
Third-party trademarks remain the property of their respective owners.
24. PRIVACY
Personal information is handled in accordance with our Privacy Policy and applicable data protection law.
25. SEVERABILITY
If any provision of these Terms is found by a competent court or authority to be invalid or unenforceable, that provision will be treated as modified or removed only to the extent necessary.
The remaining provisions will continue to apply.
26. NO WAIVER
If we do not immediately enforce a contractual right, this does not necessarily mean that we have waived that right.
27. GOVERNING LAW AND JURISDICTION
These Terms and contracts with Trade Outlet Scotland Ltd are governed by Scots law, subject to any mandatory law that applies to a consumer and cannot lawfully be excluded.
BUSINESS AND TRADE CUSTOMERS:
Where the customer is purchasing wholly or mainly for business, trade, craft, professional or resale purposes, the parties agree that the courts of Scotland shall have exclusive jurisdiction to determine any dispute, claim or proceedings arising out of or connected with the contract, to the fullest extent permitted by law.
CONSUMERS:
Where the customer is a consumer, Scots law shall govern these Terms subject to any mandatory consumer protections applicable to that customer.
Nothing in these Terms prevents a consumer from bringing proceedings in any court in which they have a mandatory legal right to bring proceedings.
28. CHANGES TO THESE TERMS
We may update these Terms from time to time.
Changes will apply to future transactions from the date the revised Terms are published and will not retrospectively alter an existing contract unless permitted by law and agreed where necessary.
29. CONTACT INFORMATION
Questions regarding these Terms should be sent to:
Trade Outlet Scotland Ltd
Email: info@tradeoutletscotland.co.uk
Website: www.tradeoutletscotland.co.uk