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WEBSITE TERMS AND CONDITIONS OF SALE

1. FORMAT OF THE CONTRACT

   These terms and conditions shall apply to all contracts for goods sold ("Goods") by The National Youth Choir of Scotland Ltd, registered in Scotland under company number SC165149 and having its registered office at the Mitchell Library, 201 North Street, Glasgow, United Kingdom, G3 7DN and being a charity registered in Scotland under the number SC024899 ("NYCOS", "we", "us") and purchased by any customer (the "Customer", "you", "your") from our website ("our Site").

   Please read these terms and conditions carefully before ordering any Goods from our Site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.

   You should print a copy of these terms and conditions for future reference.

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

   1. After placing an order via our Site, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the "Dispatch Confirmation"). The contract between us which shall incorporate these terms and conditions ("Contract") will only be formed when we send you the Dispatch Confirmation.

   2. The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.

   3. NYCOS reserves the right to refuse to accept any order that is deemed to be contrary to NYCOS's policies in force at the time. NYCOS reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery in the event of any of the Customer's commitments to NYCOS not being met.

3. DESCRIPTION OF THE GOODS

   1. The description and price of the Goods you order will be as shown on our Site at the time you place your order.

   2. Every effort is made to ensure that prices shown on our Site are accurate at the time you place your order. If an error is found, NYCOS will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If NYCOS does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, NYCOS will refund or re-credit you any sum that has been paid by you or debited from your credit card for the Goods.

4. PAYMENT

   1. All prices shown on our Site, or on quotations offered by us, are based upon the acceptance of these terms and conditions.

   2. All prices are in pounds sterling and are inclusive of Value Added Tax (VAT), exclusive of delivery costs and exclusive of import duty unless otherwise agreed in writing with NYCOS. VAT will be charged at the rate applying at the time of delivery.

   3. Payment for all Goods must be by credit or debit card or, subject to clause 4.4, by personal cheque drawn from a UK bank. We accept payment with Maestro, Visa, Visa Electron, Mastercard and Solo. Your credit or debit card will be charged at the point of order.

   4. Customers may make payment by cheque, subject to the following:

      1. all personal cheques should be made payable to "The National Youth Choir of Scotland" and sent to us at the above address as soon as possible following submission of the order;

      2. payments shall only be deemed to have been made when payment is received by us in cleared funds; and

      3. the Goods shall not be dispatched until payment has been made in cleared funds.

   5. Payments shall be made without any deduction whatsoever.

5. DELIVERY

   1. All delivery times offered by us are to be treated as estimates only and we accept no liability for non-compliance with the estimated deliver times.

   2. In addition to the price, you may be required to pay a delivery charge for the Goods.

   3. If multiple shipments are requested by you, multiple delivery charges will be made. In the case of multiple deliveries separate invoices will be raised.

   4. The Goods are subject to availability. If on receipt of your order the Goods you have ordered are not available in stock, NYCoS will backorder these Goods and dispatch them as soon as they are available.

   5. You accept that any to be advised scheduled orders not completed within twelve months from the date of acceptance of the original order, or orders held up by your lack of action regarding delivery, can be shipped and are to be paid in full by you, immediately after completion of that twelve month period.

   6. If the Customer believes NYCoS has delivered Goods that are defective in materials or workmanship, the Customer must:

      1. inform NYCoS in writing, with full details of the fault, as soon as possible; and

      2. allow NYCoS to investigate the fault.

   7. Without prejudice to the rights of the Customer under clause 8, NYCoS' maximum liability shall not exceed the following and the Customer's remedy is limited to (at NYCoS's option), either:

      1. repair or replacement of the defective Goods or part of them; and

      2. return of the Goods and refund of the purchase price,

      and any such remedy shall be the Customer's entire and exclusive remedy.

   8. If NYCOS elects to repair or replace the Goods, the Goods which require to be repaired or replaced shall be returned to NYCOS by the Customer and after repair or replacement, the Goods will be returned to the Customer with carriage paid by NYCOS using their preferred method.

6. IMPORT DUTY

   1. If you order Goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

   2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

7. PASSING OF RISK AND TITLE

   1. The passing of risk to the Customer for any Goods shall occur at the time of delivery.

   2. Ownership of the Goods shall not pass to the Customer until payment for the Goods (including delivery charges) has been received in full by NYCoS.

   3. If the Customer (who shall in such case act on his own account and not as agent for NYCoS) shall sell the Goods prior to making payment in full for them, the beneficial entitlement of NYCoS in the Goods shall attach to the proceeds of such sale or to the claim for such proceeds. Prior to ownership transferring to the Customer, the Customer shall:

      1. hold all such proceeds of sale in trust for NYCoS and hold such proceeds of sale in a separate account to the order of NYCoS;

      2. store any Goods owned by NYCoS in such a way that they are clearly identifiable as NYCoS's property and shall maintain records of them identifying them as NYCoS's property;

      3. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;

      4. maintain the Goods in satisfactory condition and keep them insured on NYCoS's behalf for their full price against all risks to the reasonable satisfaction of NYCOS; and

      5. allow NYCoS to inspect these records and the Goods themselves upon request.

   4. In the event of failure by the Customer to pay any part of the price of the Goods, in addition to any other remedies available to NYCoS under a Contract or otherwise, NYCoS shall be entitled to repossess the Goods. The Customer will assist and allow NYCoS to repossess the Goods in such circumstances and for this purpose admit or procure the admission of NYCoS or its employees and agents to the premises in which the Goods are situated.

8. CONSUMER RIGHTS

   1. If you are contracting as a consumer (as such expression is defined in the Consumer Protection (Distance Selling) Regulations 2000), you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 10 below).

   2. To cancel a Contract in accordance with clause 8.1, you must inform us in writing. You must also return the Goods to NYCoS immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

9. CANCELLATION

   1. Subject to clause 8.1, the Customer may not cancel the order unless a request for cancellation is made by the Customer in writing to NYCoS and NYCoS agrees to the cancellation in writing.

   2. If NYCoS agrees to cancellation of the order in accordance with clause 9.1, the Customer will pay NYCoS for all Goods to which NYCoS has committed to fulfill the original order.

   3. Without prejudice to any other rights and remedies under the Contract, NYCoS may suspend or cancel the order by written notice to the Customer if the Customer fails to pay NYCoS any money when due under any circumstances or the Customer becomes insolvent, or the Customer fails to honour their obligations under the Contract.

   4. NYCoS may treat the Customer as insolvent if the Customer is unable to pay their debts as they fall due, or the Customer or any item of the Customer's property become the subject of any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including moratorium) and bankruptcy, or any application or proposal for any formal insolvency procedure, or any application, procedure or proposal overseas with similar effect or purpose.

10. OUR REFUNDS POLICY

    1. When you return Goods to us:

       1. because you have cancelled the Contract between us within the 7 working days cooling-off period (see clause 8.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;

       2. for any other reason (including following cancellation of the Contract in accordance with clause 9 or because you claim that the Goods are defective), we will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in the case of defective Goods case, within 30days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Goods. The price paid for any Goods properly returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us; and

       3. if a refund is due to you, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.

    2. Any returns made to NYCOS for any reason, shall be packaged in the original packaging or its direct equivalent and must be adequately insured by the Customer.

11. RECEIPT OF GOODS

    1. If any Goods received by the Customer are in an unsatisfactory condition (on a reasonable assessment by the Customer), the following courses of action shall be taken:

       1. if the outer packaging is visibly damaged, then the Goods should not be accepted from the courier, or they should be accepted only after advising the courier that the packaging has sustained damage;

       2. if the Goods are found to be damaged after unpacking, NYCoS must be informed immediately;

       3. under no circumstances should the damaged Goods be returned, unless expressly authorised by NYCoS;

       4. without prejudice to the rights of the customer under clause 5.6 to clause 5.8 if the damage is not reported within 48 hours of receipt, NYCoS shall bear no liability.

12. WARRANTIES

    1. By placing an order through our Site, you warrant that:

       1. you are legally capable of entering into binding contracts;

       2. in the case of a natural person, you are at least 18 years old;

    2. To the extent permitted by law and without prejudice to your rights under the Contract, NYCoS gives no warranty (and excludes any warranty, term or condition that would otherwise be implied) as to the quality of the Goods or their fitness for any purpose.

13. DATA PROTECTION

    NYCoS will take all reasonable precautions to keep the details of your order and payment secure but unless NYCoS is negligent, NYCoS will not be liable for unauthorised access to information supplied by you.

    NYCoS takes the protection of your personal data seriously and the use of our Site is subject to our Privacy Policy. We will use you personal data for the purposes of processing your order in accordance with that privacy policy.

14. OUR LIABILITY

    1. Subject to clause 14.2, our liability for losses you suffer as a result of us breaching the terms and conditions of the Contract is strictly limited to the purchase price of the Goods you purchased.

    2. Nothing in these terms and conditions limits in any way our liability:

       1. for death or personal injury caused by our negligence or breach of duty;

       2. under section2(3) of the Consumer Protection Act 1987;

       3. for fraud or fraudulent misrepresentation; or

       4. for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.

    3. Notwithstanding any other provision of the Contract but subject to clause 14.2, neither you or us will be liable to the other for:

       1. any loss (whether direct or indirect) of profits, revenue, business, goodwill or business opportunity; or

       2. any loss (whether direct or indirect) of data (other than loss of photos); or

       any indirect, special or consequential loss or damage,

       in each case arising out of or in connection with the Contract (whether the claim is brought for breach of contract, in negligence or any other tort, under statute or otherwise).

15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

    1. We have the right to revise and amend these terms and conditions from time to time.

    2. You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Goods).

    3. No addition to or variation of these terms and conditions will bind NYCoS, unless it is specifically agreed in writing and signed by a director or secretary of NYCoS. No agent or person employed by or under contract with NYCoS has the authority to alter or vary these conditions in any way.

16. FORCE MAJEURE

    1. If performance of the contract by NYCoS shall be delayed by any circumstances or conditions beyond the control of NYCoS including (but without prejudice to the generality of the foregoing) any war, strike, lockout, riot, malicious damage, fire, storm, flood, accident, failure of production equipment, any statute, rule, byelaw, order, regulation or requisition made or issued by any government department, local or other duly constituted authority, then NYCoS shall have the right to suspend further performance of the Contract until such time as the cause of delay shall no longer be present.

    2. If performance of the Contract by NYCoS shall be delayed by any such circumstances or conditions beyond the control of NYCoS for a period of three months, then NYCoS shall have the right to be discharged from further performance of and liability under the Contract.

17. SEVERABILITY

    1. If any part of these terms and conditions is found to be illegal, void or unenforceable for any reason, then such part shall be severable from the remaining clauses and sections of these terms and conditions which shall remain in force.

    2. Each order received by NYCoS will be deemed to form a separate Contract to which these terms and conditions apply and any waiver or any act of non-enforcement or variation of these terms and conditions or part of them shall not bind or prejudice NYCoS in relation to any other contract.

18. NOTICES

    Any notice to be given under a Contract shall be in writing and shall be deemed to have been duly given if sent or delivered to the party concerned at its address specified on the invoice or such other addresses as that party may from time to time notify in writing and shall be deemed to have been served, if sent by post, 48 hours after posting.

19. ENTIRE AGREEMENT

    These terms and conditions together with the relevant order form and the documents referred to in these terms and conditions constitute the entire agreement in respect of their subject matter.>

20. JURISDICTION AND APPLICABLE LAW

    These terms and conditions and performance of both parties shall be governed by Scots law and any disputes under the Contract shall be subject to the exclusive jurisdiction of the Scottish courts.