The Posthorn Website Terms of Use and Notices

Last updated October 2002

AGREEMENT BETWEEN YOU AND THE POSTHORN

Security Guarantee

Our secure-server software encrypts your credit or debit card number and personal details. The encryption process takes the characters you enter and converts them into bits of code that are then securely transmitted over the Internet. We only store your billing and delivery address details to allow faster processing of future orders. Credit Card information is not retained and will require re-entry for subsequent purchases.

Customs Information

When ordering goods from The Posthorn for delivery overseas, you may be subject to import duties and taxes which are levied once the package reaches your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

Generally customs forms for international packages will list the value of the contents of your order by product type. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Lost & Missing Deliveries

If you have recently placed an order and you think the delivery of your item/items is overdue, please contact us by e-mail info@posthorn.co.uk or by telephone on 01556/502531.

Terms of Use and Notices

The Posthorn Web Site is operated by The Posthorn, 26/30 St. Andrew Street, Castle Douglas, Scotland, DG7 1DE.
The Posthorn Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of The Posthorn Web Site constitutes your acceptance of, and agreement with The Posthorn to, all such terms, conditions, and notices.

Modification of these Terms of Use

The Posthorn reserves the right to change the terms, conditions, and notices under which The Posthorn Site is offered, including but not limited to the charges associated with the use of The Posthorn Site. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Posthorn Site constitutes your agreement with The Posthorn to all such terms, conditions, and notices.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Posthorn Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from The Posthorn Site. Without the advance express written permission of The Posthorn, you may not ‘meta-search’ the Posthorn Site, send, or cause to be sent, any automated queries of any sort to the Posthorn Site, or use the Posthorn Site in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any Posthorn Site to determine how a web site “ranks” on any Posthorn Site.

Links to Third Party Sites

The Posthorn Site may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of The Posthorn and The Posthorn is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Posthorn is not responsible for webcasting or any other form of transmission received from any Linked Site nor is The Posthorn responsible if the Linked Site is not working appropriately. The Posthorn is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Posthorn of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties included within The Posthorn Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Posthorn shall not be responsible or liable for any part of any such dealings or promotions.

No Unlawful or Prohibited Use

As a condition of your use of the Posthorn Site, you will not use the Posthorn Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Posthorn Site in any manner that could damage, disable, overburden, or impair any Posthorn Site (or the network(s) connected to any Posthorn Site) or interfere with any other party's use and enjoyment of any Posthorn Site. You may not attempt to gain unauthorised access to any Posthorn Site, other accounts, computer systems or networks connected to any Posthorn Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Posthorn Site.

LIABILITY DISCLAIMER

THE INFORMATION AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE POSTHORN SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE POSTHORN SITE AND TO THE INFORMATION THEREIN. THE POSTHORN AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE POSTHORN SITE AT ANY TIME.
YOU SPECIFICALLY AGREE THAT THE POSTHORN SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A POSTHORN SITE. YOU SPECIFICALLY AGREE THAT THE POSTHORN IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE POSTHORN IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A POSTHORN SITE BY ANY THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL THE POSTHORN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE POSTHORN SITE, WITH THE DELAY OR INABILITY TO USE THE POSTHORN SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE POSTHORN SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE POSTHORN SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE POSTHORN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE POSTHORN SITE, OR WITH ANY OF THESE TERMS OF USE, TO THE FULLEST EXTENT PERMISSIBLE BY SCOTTISH LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE POSTHORN SITE. THE LIMITATIONS ON AND EXCLUSIONS OF LIABILITY FOR DAMAGES IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY. NOTHING IN THIS AGREEMENT LIMITS POSTHORN’S LIABILITY FOR (II) PERSONAL INJURY OR DEATH

Accuracy of Information

Information and prices appearing on the Posthorn site is believed to be accurate, but neither The Posthorn nor its suppliers warrant or guarantee such accuracy
All prices are not contractually binding. Every effort is made to ensure that prices are as up to date as possible and we will inform you of any discrepancies with a price of any purchase before you are committed to purchase. All information is provided by The Posthorn without any representation or warranty as to its accuracy and in no event shall The Posthorn be liable in connection with the use of this information unless otherwise stated. All prices are in Pounds Sterling (GBP £).
You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges.
You represent and warrant that you are at least 18 years of age and that you possess the legal right to use The Posthorn Site in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer to access The Posthorn Site.

Payment

You agree to pay The Posthorn all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your computer, and you authorise The Posthorn to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. The Posthorn reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If The Posthorn does not receive payment from your Payment Method Provider, you agree to pay all amounts due upon demand.
If the amount to be charged to your chosen Payment Method varies from the amount you preauthorised, you have the right to receive, and The Posthorn shall so provide, notice of the amount to be charged and the date of the charge. Any agreement you have with the Payment Method Provider will govern your use of your Payment Method.

Refund Policies

You understand that the Posthorn services will commence as soon as The Posthorn receives and processes your initial payment. You agree that any statutory right to withdraw from the Posthorn services will be waived as soon as the Posthorn services commence.

Breakages

Breakages must be reported on day of delivery, we recommend that parcels are opened at time of delivery and signed for as damaged as well as if goods not received within 7 days please contact us on 01556 502531.

General

You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorised to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorised to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them.