Home > Terms & Conditions

Terms & Conditions

IMPORTANT NOTE: As well as reading the following Terms & Conditions to which you have agreed by using this Site, you should also refer to the terms and conditions of each individual Designer-Producer ("Designer-Producer”) on their madefromscotland.com home or product pages before making any order.

Acceptance of Terms

These provisions (including the Privacy Policy together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of the madefromscotland.com website (the “Site”) or MFS’ mobile application service (the “App”) (together the "Service"), whether as a guest or registered user ("Customer Terms").

MFS may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.

1.              About MFS

The Services are operated by MADEFROMSCOTLAND.COM LIMITED, incorporated under the Companies Acts, (Registered Number SC449575) and having its Registered Office at Hudson House, 8 Albany Street, Edinburgh EH1 3QB  tel: 0131 531 9448(hereinafter referred to as “MFS”) MFS’ VAT number is[165 6719 77].

2.              Accessing MFS’ Service

Access to the Services is permitted on a temporary basis, and MFS reserve the right to withdraw or amend the services MFS provide through the Site without notice. MFS will not be liable if for any reason any of the Services are unavailable at any time or for any period.

From time to time, MFS may restrict access to any or all of the Services, to users who have registered with MFS. Any personal data and other information provided by you is processed by MFS in accordance with MFS’ Privacy Policy. By providing any such personal data or other information you agree to the terms of MFS’ Privacy Policy.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of MFS’ security procedures, you must treat such information as confidential, and you must not disclose it to any third party. MFS have the right to disable any user identification code or password, whether chosen by you or allocated by MFS, at any time, if in MFS’ opinion you have failed to comply with any of the provisions of these Customer Terms.

3.              Use of the App

3.1.         MFS grant you the right to use the App only for your personal use on an iOS product that you own or control.  You may not: (a) modify, copy, publish, license, sell or otherwise commercialise the App or any information or software associated with it; (b) rent, lease or otherwise transfer rights to the App; or (c) use the App in any way that could impair MFS’ Site or Service in any way or interfere with any party’s use or enjoyment of MFS’ Site or Service.

3.2.         Neither MFS nor any of MFS’ licensors or service providers has any obligation to provide any maintenance and support services with respect to the App or any other part of the Service.

3.3.         In using the App through an iOS product, you confirm that you have agreed to the applicable Apple Terms and Conditions relating to such use.

If you breach any of these Customer Terms, your right to use the Site and/or Service will cease immediately and you must, at MFS’ option, return and/or destroy any copies of the content you have made.

4.              Intellectual property rights

MFS own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the App or any other part of the Service.

You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from MFS or MFS’ licensors.

MFS respect the intellectual property rights of others and MFS ask MFS’ Designer-Producers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact MFS here to report the concern.

5.              Description of MFS’ service

Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that Designer-Producer and such contract shall comprise these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.

You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.

MFS cannot give any undertaking, that goods and/or services you purchase from Designer-Producers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by MFS absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Designer-Producer. Where you order goods and/or services through the Site MFS may disclose your customer information related to that transaction to the relevant Designer-Producer.

MFS do not review or control, and are not responsible in any way for, listings provided by Designer-Producers and at no time do MFS possess any items offered for sale by Designer-Producers through the Site.

6.              Disclaimer of Warranties and limitation of liability

6.1.         To the fullest extent permitted by applicable laws, MFS disclaim responsibility for any harm resulting from your use of any part of the Service.

6.2.         The Site and App are provided “as is” and “as available” and MFS expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

6.3.         You download and use the App at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.

6.4.         Neither MFS nor MFS’ licensors are liable to you or any user for any use or misuse of the App. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if MFS have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if MFS have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this App, from inability to use the App, or from the interruption, suspension or termination of the App (including any damages incurred by third parties).

6.5.         Nothing in these Customer Terms shall limit or exclude MFS’ liability for fraudulent misrepresentation, for death or personal injury resulting from MFS’ negligence or the negligence of MFS’ agents or employees or for any other liability that cannot be limited or excluded by law.

7.              How contracts are formed between you and Designer-Producers

Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it from the Designer-Producer subject to the Customer Terms and the applicable details on the product page.

No order shall be deemed to be accepted by the Designer-Producer until MFS (acting as the commercial agent of the Designer-Producer) issue an email acknowledgement of order. The contract between you and a Designer-Producer will relate only to those goods and/or services notified in the email acknowledgement of order.

8.              Payment methods

Purchases for goods and/or services you make with Designer-Producers may only be paid for using a debit or credit card through MFS’ payment facility (or any other payment method which MFS may make available from time to time). In accepting or otherwise processing your payments related to the purchase of items from Designer-Producers, MFS act in the capacity as commercial agent of the Designer-Producer. The Designer-Producer acknowledges and agrees that the valid payment by you to MFS for the purchase of item(s) between you and the Designer-Producer will satisfy your obligation to pay the Designer-Producer for the relevant item(s) and consequently, any debt obligations owed by you to the Designer-Producer for the purchase of such items shall be extinguished at that time. The Designer-Producer further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid MFS. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.

9.              Refusal of transaction

MFS may refuse to process a transaction for any reason or refuse service to anyone at any time at MFS’ sole discretion. MFS will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

10.           Delivery arrangements

Your shopping basket on the Site displays the goods you have chosen, the Designer-Producer who shall provide them and details of postage and packing. The delivery costs for each Designer-Producer vary according to the delivery methods they offer. Any delivery times quoted are in working days.

11.           Import regulations and duty

If you order goods from MFS’ 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 MFS have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

12.           Returns

If you wish to discuss or organise a return, exchange or refund of any non-refundable, but faulty item purchased through the Site (see below for a description of non-refundable items), please contact the Designer-Producer directly using the order enquiry facility on the Site in accordance with MFS’ Returns & Refunds Policy. Any returns or refunds shall be made by the Designer-Producer in accordance with the Returns & Refunds Policy

13.           Links

You may link to MFS’ home page on the Site, provided you do so in a way that is fair and legal and does not damage MFS’ reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on MFS’ part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.

MFS’ Site must not be framed on any other website, nor may you create a link to any part of MFS’ Site other than the home page. MFS reserve the right to withdraw linking permission at any time.

The Site provides links to other websites for your information. If you use these links, you leave the Site. MFS have not reviewed these third party websites and MFS have no control over such sites or resources. MFS therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. MFS accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.

14.           Uploading material to the Site

Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person. (viii) breach any law or rule of law whether statutory or common law.

Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and MFS have the right to use, copy, distribute and disclose to third parties any such material for any purpose. MFS also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. MFS will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. MFS have the right to remove any material or posting a user makes on the Site.

15.           Viruses, hacking and other offences

You must not misuse MFS’ Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to MFS’ Site, the server on which MFS’ Site is stored or any server, computer or database connected to MFS’ Site. You must not attack MFS’ Site 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. MFS will report any such breach to the relevant law enforcement authorities and MFS will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use MFS’ Site will cease immediately.

 

16.           Waiver

If MFS fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if MFS fail to exercise any of the rights or remedies to which MFS are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by MFS of any default shall not constitute a waiver of any subsequent default. No waiver by MFS of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

17.           Severability

If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18.           Entire agreement

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between MFS and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between MFS, whether written or oral, relating to its subject matter. Each of MFS agrees that neither MFS nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of MFS shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

19.           Force majeure

Where MFS or a Designer-Producer are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond MFS’ or the Designer-Producer's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Designer-Producer's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either MFS’ or the Designer-Producer's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

20.           Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either MFS or the Designer-Producer). Nothing in this clause excludes the rights of MFS when acting as commercial agent of any Designer-Producer.

21.           Law and jurisdiction

Contracts for the purchase of goods or services through MFS’ Site or the App shall be governed by Scots law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the Scottish courts.

22.           Feedback

General comments about the Site are welcome, please contact MFS at www.madefromscotland.com/contact. Complaints about a specific Designer-Producer, goods or services must be directed to the Designer-Producer concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them. non contractual - delete

23.           Other applicable terms and conditions

Additional terms and conditions may apply to certain of MFS’ products and services. These products and services, and the terms and conditions which apply to them, are set out below.

 

Non-Refundable Items:

1)     personalised items that are specifically made to a Customer's specification (e.g. a custom-made prints), except where the Customer has chosen items from pre-determined upgrade options or standard off-the-shelf components. MFS shall determine in its sole discretion as to whether a Product is or is not a personalised item. For the avoidance of doubt, items with hygiene seals are a Refundable Product unless they are personalised items;

 

2)     perishable items, including food and flowers;

 

3)     audio or video recordings or computer software which a Customer has unsealed;

 

4)     newspapers, periodicals or magazines; and

 

5)     items that by their nature cannot be returned, such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied (e.g. nylon tights),

 

6)     earrings.