Terms Of Sale

For consumers: our terms and conditions for the supply of goods, services and digital content.

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply goods, services and digital content/downloads to you through our website.  These terms apply to consumer transactions.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Heal Scotland a registered charity in Scotland.  Our charity number is SCO43378 and our registered address is Barmolloch Farm, Kilmichael Glen, Nr, Ford, Lochgilphead PA31 8RJ.

2.2 How to contact us. You can contact us by emailing info@healscotland.com.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you:

3.1 Placing orders with us. By placing an order with us you are offering to purchase a product on and subject to these terms and conditions. All orders are subject to availability and confirmation of the order price.

3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product.

3.4 International sales. We do accept orders from and do deliver to addresses outside the UK  on the following basis:

4. Our products:

4.1 We offer for sale the following types of goods:

• 4.1.1 Teemill Merchandise – please read Teemill’s terms of sale https://healscotland.teemill.com/terms-of-sale/
• 4.1.2 Scotland’s Wild Medicine Book
• 4.1.3 Event tickets (delivered digitally via email confirmation only)

5. Providing the products

5.1 Delivery costs. The costs of delivery will be as displayed to you on our website. In most (but not all) cases, we will arrange for the products to be delivered by UK Royal Mail.

5.2 When we will provide the products.

• 5.2.1 If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible following our acceptance of your order.
• 5.2.2 If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
• 5.2.3 If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in paragraph 7 or we end the contract by written notice to you as described in paragraph 8.
• 5.2.4 Dispatch and delivery times. Any dispatch and delivery time projections provided by us are estimates only and, to the fullest extent permitted by law, you shall not have a right to terminate your contract with us if we do not provide the products to you by any dispatch and delivery time projections. However, this does not affect any of your statutory rights.  
• 5.2.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

5.3 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the relevant courier may leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

5.4 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and paragraph 11.2 will apply.

5.5 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

5.6 When you own goods. You own a product which is goods once we have received payment in full.

6. Your rights to end the contract

6.1 Your rights when you end the contract will depend on what you have bought (for example, goods, services or digital content).

• 6.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see paragraph 12;
• 6.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 6.2; and
• 6.1.3 If you have just changed your mind about the product, see paragraph 6.3. Depending upon what you have ordered, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at paragraphs 6.2.1 to 6.2.3 below the contract will end immediately and we will refund you in full for any products which have not been provided (this paragraph does not affect your statutory rights). The reasons are:

• 6.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
• 6.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
• 6.2.3 you have a legal right to end the contract because of something we have done wrong in respect of this contract.

6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most non-customised goods bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

6.4 When you don't have the right to change your mind.  You do not have a right to change your mind in respect of:

• 6.4.1 digital products after you have started to download or stream these;
• 6.4.2 services, once these have been completed, even if the cancellation period is still running;

6.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

• 6.5.1 Have you bought services?  If so, you have 14 days after the day we email you to confirm we accept your order.  However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
• 6.5.2 Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.  If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

6.5.3 Have you bought goods? (for example The Scotland’s Wild Medicine book) If so, you can cancel your order at no cost any time before we issue the Dispatch Confirmation relating to the applicable goods. Following the issuing of the Dispatch Confirmation, you have 14 days after the day you (or someone you nominate) receives the goods.

7. How to end the contract with us (including if you have changed your mind)

7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:  

• 7.1.1 Email. Email info@healscotland.com.  Please provide your name, home address, details of the order and, where available, your phone number and email address.

7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them:

For products purchased from Teemill send them back to Rapanui Clothing, Hooke Hill, Freshwater, Isle Of Wight, England, PO40 9BG.  Please call customer services on 01983 409790 or email at hello@teemill.com for a return label or to arrange collection.  If you are exercising your right to change your mind you must send off the goods within 14 days of telling Teemill you wish to end the contract.

For Scotland’s Wild Medicine Book please return to Heal Scotland, Barmolloch Farm, Kilmichael Glen, Nr, Ford, Lochgilphead PA31 8RJ.

7.3 When we will pay the costs of return. We will pay the costs of return:

• 7.3.1 if the products are faulty or misdescribed; or
• 7.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

7.5 How we will refund you.  We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

7.6 Deductions from refunds if you are exercising your right to change your mind in accordance with these terms and conditions. If you are exercising your right to change your mind:

• 7.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
• 7.6.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

7.7 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

• 7.7.1 Your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see paragraph 7.2.

8. Our rights to end the contract

8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

• 8.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
• 8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products
• 8.1.3 you do not, within a reasonable time, allow us to deliver the products to you;
• 8.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services; or

8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9. If there is a problem with the product

9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. Please write to us at info@healscotland.com.

9.2 Conformity with this contract. We are under a legal duty to supply products that are in conformity with this contract.

9.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us.

10. Price and payment

10.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. All prices are payable in Great British Pound Sterling. We take reasonable care to ensure that the price of the product advised to you is correct. However please see paragraph 10.2 for what happens if we discover an error in the price of the product you order.

10.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

10.3 When you must pay and how you must pay. We accept payment with Visa, Mastercard, and American Express credit and debit cards. When you must pay depends on what product you are buying:

• 13.4.1 For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
• 13.4.2 For digital content, you must pay for the products before you download them.
• 1.4.3 For services, you must pay for the services, before we start providing them.

10.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

11. Our responsibility for loss or damage suffered by you

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or that is not caused by us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

11.2 We are not responsible for loss or damage caused by events beyond our reasonable control. If we fail to comply with these terms as a result of any event that is beyond our reasonable control (for example, but not limited to, epidemics, pandemics, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition), we will not be responsible for any loss or damage you suffer as a result.

11.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

11.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

11.5 We are not liable for business losses. We only supply products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.6 Exclusion of implied terms. To the fullest extent possible under applicable law, except as expressly set out in these terms and conditions we exclude any and all terms, conditions, warranties and representations of any kind whether express or implied, in relation to our products. However, this does not affect any of your statutory rights including, but not limited to, in relation to products that are not of satisfactory quality or your contract cancellation rights.

12. Third Parties

12.1 We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with agreements or arrangements that you enter into with third parties, or your use of or reliance on any content, goods or services available on or through any third party sites or resources or in general any dealings with any third parties. If you have any problems or disputes in connection with such third party agreements, please address them directly with the applicable third parties.

12.2 Furthermore, our websites may provide, or third parties may provide, links to other third party websites or resources. Because we have no control of such third party sites and resources, you acknowledge and agree that we are not responsible for the availability of such sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies of such sites and resources, including their processing of personal data, which may differ from our policies.

13. How we may use your personal information

13.1 How we may use your personal information.  We will only use your personal information as set out in our privacy policy.

14. Other important terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

14.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.3 Changes to these terms. We reserve the right to make changes to our website, policies, and terms and conditions, including these terms and conditions at any time. You will be subject to the terms and conditions in force at the time that you order products from us, unless any change to those terms and conditions is required to be made by law or government authority.

14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.5  Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England, Wales or Northern Ireland  you can bring legal proceedings in respect of the products in either of these courts.  Please also note that we may seek injunctive or other appropriate relief in any country or region if you have violated or threatened to violate our intellectual property rights and/or the intellectual property rights of a third party.