Terms and Conditions of Use
This web store (“Web Store”) is owned by and/or operated by or on behalf of Cuthbert & Co (“C&Co/we/us”). If you have any questions regarding the Web Store or these terms and conditions, or in the unlikely event that you have any complaints about any products or services purchased by you from this Web Store, you can contact us at:
Cuthbert & Co. 389-0102, Nagano, Kitasakubu, Karuizawa, Minami Gaoka 1947-10
a. These terms and conditions, together with any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions )(together “Terms”) apply to all orders submitted by you for products made available by us for purchase over the Web Store. Please read these Terms carefully.
Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
b. Please save or print a copy of these Terms and Conditions for future reference.
3. Acceptance of Orders
a. You agree that your order is an offer to purchase the products listed in your order (“Products”) on these Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.
b. After submitting an order to us, we will send you an order acknowledgment email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgment that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until the Products have been dispatched to you.
c. Orders can also be placed by telephone in English with our Customer Service team by calling +81267-41-4413 (local rate), Wednesday to Sunday from 10.00 am to 6.00 pm Japan Time, including bank and public holidays. Where you provide us with an email address, we will follow the process outlined in Clause 3.2. If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time. In either case, acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until the Products have been dispatched to you.
d. When placing an order for the first time, you will be required to register with us and complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Web Store, such as the My Account section of the Web Store (“Secure Access”). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is always kept secure and confidential. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Web Store without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Web Store.
e. In the event prolonged inactivity causes your connection to our Web Store to fail, your selection of goods may be lost. In such a case, you will be required to re-enter your selection.
f. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order, and correct any input errors. All information on our Web Store is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the products.
g. If products are shown on our Web Store but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such products.
h. You will only be charged for products which have been despatched to you (together with the relevant delivery charges and any card processing charges).
i. Although we have made all reasonable efforts to correctly display product colours on the Web Store, we cannot guarantee that these will be accurately represented.
a. All prices on this website are stated in US Dollars. They may include any local sales tax payable but exclude delivery charges.
b. We endeavor to ensure that all pricing information on the Web Store is correct. Occasionally, however, an error may occur, and Products may be mispriced. If a Product’s correct price is lower than the price stated on the Web Store, we will charge the lower amount and send you the Product. If a Product’s correct price is higher than the price stated on the Web Store, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price.
c. Cuthbert & Co may vary the prices listed on this website at any time and without any notice.
5. Payment Terms
a. The total cost of your order will be the purchase price for the Products, plus delivery charges. Find out more about delivery charges.
b. More information about the payment methods that we accept and details of when an order will be charged to your account can be found in our Shopping FAQs section.
c. Please note that we accept payment in US Dollars only.
d. You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you because of our processing of your credit/debit card payment in accordance with your order.
a. Where we elect or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
7. Delivery, title, and risk
a. Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver products purchased from our Web Store. Details of the locations to which we deliver are available from us on request.
b. The estimated delivery time will be confirmed during the process to complete the order.
c. Title in the Products will pass to you on the latter of:
i. the date on which we receive payment in full for such Products; and
ii. the date of delivery of such Products to your nominated address.
c. Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you.
d. We shall be entitled to (a) deliver the Products in installments and each installment shall be deemed to constitute a separate contract and (b) supply only part of an order.
8. Cancellation and returns
a. Should you wish to cancel or return any Products, you may only do so in accordance with our Cancellation & Returns Policy. This Cancellation & Returns Policy does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
9. Age Requirements
a. If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
10. Intellectual Property
The “Cuthbert & Co, The Hickory Golf Shop, George Nicoll, and Tom Stewart” trademarks as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and patents (“Intellectual Property”), which appear on our Products, Web Store, accessories or packaging, whether registered or not, are and remain the exclusive property of the Cuthbert & Co. Any reproduction, whether complete or partial, modification or use of the Intellectual Property, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.
11. Exclusion of Warranties
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Cuthbert & Co DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
Section 11 does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
12. Limitations of liability
a. Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.
b. Subject to Section 12.1 above, we will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms for any:
- economic losses (including, without limitation, loss of revenues, data, profits, contracts, business, or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses suffered or incurred by you arising out of or in connection with these Terms.
Section 12 does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
13. Data Protection
a. If you wish to purchase Products on the Web Store you must provide us with the information required by us. By entering information on the Web Store you represent and warrant that (i) you are using your actual identity; and (ii) all information you provide is true, accurate, current, and complete as at the time you provide us with that information.
14. Assignment, subcontracting etc
a. We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
15. Amendments to these Terms
a. We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products or Services in question from us.
16. Events beyond our reasonable control
a. We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
a. Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void, or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
18. Governing law and jurisdiction
1. These Terms and all transactions relating to this Web Store are governed by Scottish law and you, and we, hereby submit to the non-exclusive jurisdiction of the Scottish courts.
Customer Service +81267-41-4413
Email for help firstname.lastname@example.org