Terms of Service
Last updated September 2022.
Made Scotland is an online marketplace selling unique, creative brands, made by people from all over Scotland.
We’re Made Scotland Ltd, a company incorporated in Scotland with registration number SC710632 and our registered office is at: Crookston Old House, Heriot, Borders, United Kingdom, EH38 5YS (“we” or “us”).
These terms and conditions explain the terms on which you view or make purchases on our marketplace, available at https://madescotland.com/ (“Marketplace”). By using the Marketplace, which includes general access of the Marketplace) or making purchases on the Marketplace, you’re considered to have accepted these terms and conditions and so if you don’t agree you shouldn’t use our Marketplace or make purchases on it.
We reserve the right to change or update these terms, or the Marketplace, from time to time and you should check back regularly as the most recent version will apply to you and your continued use of the Marketplace.
What is the Marketplace?
The Marketplace is a place where creative people can list and sell their Scottish-made or produced thing to buyers located anywhere in the world.
Our role in the Marketplace is as an intermediary only. All sellers on the Marketplace must sign an agreement with us to abide by strict regulations relating to such matters as the listings, products, communications with you, and the processing of your purchase. When you make a purchase, your contract is with the seller and the seller alone.
Products on the market place
The images we provide of the products on the Marketplace are for illustrative purposes only and have been provided by the seller. Your products may therefore vary slightly from those images you’ve seen online particularly where these products are made individually, by hand.
We can’t guarantee that the products you would like to purchase will always be available and it is possible that the Marketplace may not reflect that a particular product or size is out of stock.
We use our reasonable efforts to ensure the prices on the Marketplace are right. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price won’t affect any order you’ve already placed.
Please note that sellers are permitted to list and sell alcohol or products containing alcohol on the Marketplace. You must be at least 18 years of age to buy any alcohol products.
The legal contract
You must be at least 18 years old and capable of entering into a legally binding contract to use the Marketplace.
No part of the Marketplace forms a contractual offer capable of acceptance. Your order of a product forms a contractual offer between you and the seller, which the seller can accept or reject. If we acknowledge receipt of your order, that doesn’t necessarily mean that it’s been accepted. Acceptance of the order is shown when you receive the order confirmation by email. Only once you’ve been sent you an order confirmation will there be a legally binding contract between us and the seller.
You should make sure that all the details you provide as part of the order process are complete and correct, particularly with regards to the delivery address, as neither we nor the seller are liable if you make a mistake and give the wrong address. If you do, you should let us know immediately so we can update the delivery address with the seller (if we’re able to).
What happens after purchase?
Once your order has been accepted, this is where we pass you over to the seller. The seller will organise dispatch of your product to the delivery address you’ve given and they will do so in line with the policies on their listing.
It’s important you understand and accept that any dispatch or delivery dates the seller provides are estimations only and the time of delivery is not of the essence. The seller should keep you updated about any delays in delivery.
For any deliveries to be made outside the UK, your products might be subject to customs duties or taxes and it is your sole responsibility for payment of these to the relevant authority.
Should you wish to return the product because you have changed your mind or the product is faulty, you should arrange this with the seller in line with their returns and refunds policy.
Ownership and risk
You will own the product once the order has been accepted and you have made payment of the cost of the product and the delivery charges. The risk of the product will pass to you once it is in your physical possession, in the possession of someone else that you nominate (such as a neighbour), or left in a designated place, such as a porch.
The Marketplace is provided on an as-is and as-available basis. You agree that your use of the Marketplace will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Marketplace and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no representations, warranties or undertakings about the products listed on the Marketplace or the seller, including without limitation, their merchantability, quality or fitness for a particular purpose, or the trustworthiness of a seller.
We make no representations, warranties or undertakings that the Marketplace, or the server(s) upon which it is hosted, will be free from defects, including, but not limited to viruses or other harmful elements. To the maximum extent permitted by law, we accept no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond our control, which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of our Marketplace.
Your use of our Marketplace is at your own risk, as are any products you purchase on the Marketplace. You assume complete responsibility for, and for all risk of loss resulting from your downloading, or using of, or referring to, or relying on, the facilities, service(s) or information provided on the Marketplace, or any other information obtained by you through your use of the Marketplace. You agree that, to the maximum extent permitted by law, we won’t be liable for damages arising out of your use or your inability to use the Marketplace, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.
Transferring these terms
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer won’t affect your rights under these terms.
Privacy of accounts
You are responsible for the security and proper use of passwords and security for the website. You will make sure you keep any passwords confidential and don’t share them with unauthorised third parties. You should inform us immediately if you think a password is known by someone not authorised.
No text or data mining, or web scraping
You must not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to the Marketplace or any services provided via, or in relation to, the Marketplace. This includes using (or permitting, authorising, or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the Marketplace or any data, content, information, or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but isn’t limited to patterns, trends, and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
The content on the Marketplace is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Marketplace.
Although we make reasonable efforts to update the information on the Marketplace, we make no representations, warranties or guarantees, whether express or implied, that the content on the Marketplace is accurate, complete, or up to date.
Third party links
Where the Marketplace contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links shouldn’t be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
We don’t guarantee that the Marketplace will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Marketplace. You should use your own virus protection software.
You must not misuse the Marketplace by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Marketplace, the server on which the Marketplace is stored, or any server, computer or database connected to the Marketplace. You must not attack the Marketplace via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Marketplace will cease immediately.
Links to the Marketplace
You may link to our home page, provided you do so in a way that is fair and legal and doesn’t damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to the Marketplace in any website that isn’t owned by you.
The Marketplace must not be framed on any other website, nor may you create a link to any part of the Marketplace other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on the Marketplace other than that set out above, please contact us at firstname.lastname@example.org.
General legal terms
Intellectual property rights
The Marketplace, and the products we sell on the Marketplace, constitutes intellectual property, which we either own or we’re the licensee of. This includes such things as:
- the designs of the products
- any and all text on the Marketplace, social media posts and marketing material
- the layout of the Marketplace, social media posts and marketing material
- the photographs on the Marketplace, social media posts and marketing material
(together we refer to these as “IP”).
The IP is protected by copyright. You’re allowed to stream or download one copy of the IP onto your personal device. By using the Marketplace, you agree that you will:
- not rent, lease, sub-license, loan or otherwise make the IP available to any person without our prior consent
- not copy the IP, except as part of the normal use of the IP
- not translate, merge, adapt, vary, alter or modify the IP, nor allow our IP to be incorporated into other programmes
- not disassemble, decompile, reverse engineer or create derivative works from our IP, such as by copying our designs and reproducing for your own personal or business purposes
- comply with all applicable law when using the IP.
If you breach these terms, you may lose your right to use the IP, and you must destroy or return any copies you’ve made.
We won’t be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and us.
Our total liability to you for all other losses arising out of or in connection with the contract for sale between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss. Our total liability to you for all other losses arising out of or in connection with your use of the Marketplace, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500.
Except to the extent expressly set out in this section, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Nothing in these terms seeks to limit or exclude our liability for: (i) death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability cannot be excluded or restricted by law.
We won’t be liable for any failure or delay in performing our obligations under these terms where our failure or delay is due to a cause beyond our reasonable control (“force majeure event”). Such force majeure events include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.
Communications to and from us
If we have your contact details, we might send you important notices by email from time to time, such as about changes to the Marketplace or to these terms.
If you would like to make a complaint about a seller, or the Marketplace, please contact us by email at email@example.com. We will deal with complaints in line with our complaints handling procedure.
Notices. Any notices to be served on each other must be sent by email and the time of delivery will be the time of transmission. Please send any notices to us by email at firstname.lastname@example.org and we will use the email you gave us. If your contact details change, please let us know. This doesn’t apply to the service of legal proceedings, which can’t be emailed.
Entire agreement. These terms represent the entire understanding and agreement between you and us with regards to the subject matter and formation of these terms, and replaces all other negotiations, understandings, and representations, if any, made by and between you and us. No representation, inducement, promise or agreement, oral or otherwise, if any, not contained in these terms or any other agreement related to these terms and expressly references herein is of any force and effect.
No delay. Delay in exercising a right under these terms won’t take away that right or any other right.
Third parties. No one other than you and we have any right to enforce any terms of these terms and the Contract (Third Party Rights) (Scotland) Act 2017 don’t apply to these terms.
Severability. If any provision or part-provision of these terms is or becomes invalid, illegal, or unenforceable, it will be deemed amended to the minimum extent needed to make it valid, legal, and enforceable. If such amendment isn’t possible, the relevant provision or part-provision will be deemed deleted. Any such amendment or deletion won’t affect the validity and enforceability of the rest of these terms.
Governing law and jurisdiction. These terms, and any non-contractual obligations arising under them, are governed by Scots law. The courts of Scotland have exclusive jurisdiction over any matter and proceedings arising out of these terms.