TERMS & CONDITIONS

1. General

Use by users (“you”/”your”) of www.ergscotland.co.uk (“the Site”) constitutes acceptance by you of the following terms of use. YOUR USE OF THIS SITE WILL BE GOVERNED BY THESE TERMS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. If you do not agree to all of these terms of use and our Privacy Policy (“terms”), you may not use the Site which is owned and operated by ERG Scotland a trading name of ERG Scotland Limited (“us”/”our”/”we”).

These terms relate to your use of the Site.

All samples, drawings, descriptions, specifications, illustrations, photographs and advertising or equivalent or otherwise (“Sample(s)”) are issued or published on the Site for the sole purpose of giving an approximate idea of the products represented by or described in them. By using this Site, you appreciate that the colour of the product as they appear in the Samples may not accurately reflect the colour when the product is actually viewed and colour variation may otherwise occur outside of our control or the manufacturer, and whilst we use reasonable endeavours to ensure that the Site Samples match the actual product, we cannot and do not guarantee this. Accordingly, any purchase by you of product based on the Site Samples alone will not be deemed as a sale by sample.

2. Copyright and Trademarks

The information and materials (“Content”) appearing on the Site are displayed for personal, non-commercial use only. All software used on the Site and all Content included on the Site (including, without limitation, site design, text, graphics, audio and video, the selection and arrangement thereof and the underlying source code) is our property, or that of our suppliers, and is protected
by international copyright laws. ALL RIGHTS RESERVED.

None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited. If you breach any of the terms of this legal notice, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site. Requests to republish any of the Content and to use quotations or extracts from the Site should be addressed by postal mail to:

Marketing Manager
ERG Scotland
Unit 19 Clayton Court
Invergordon IV18 0SB

All trademarks, service marks and logos used on the Site from time to time are the trademarks, service marks or logos of their respective owners. We have made every effort to secure (where appropriate) licenses and clearances for all third party intellectual property used on the Site. You may notify us of alleged intellectual property rights infringement by contacting us by postal mail to:

Marketing Manager
ERG Scotland
Unit 19 Clayton Court
Invergordon IV18 0SB

3. Links to third party websites

The Site may from time to time include links to third party internet websites which are controlled and maintained by others. Third party web sites includes any web site other than www.ergscotland.co.uk. This Terms Of Use applies to www.ergscotland.co.uk and does not apply to any other dealer web site (please see those respective web sites for their Privacy Policy and Terms of Use guidelines). Links from our Site to any other web site are included solely for your convenience and do not constitute any endorsement by us of the websites linked to or referred to, including the products and/or services featured on those websites, nor do we have any control over, or knowledge of, any privacy practices or content of any such websites. Further, we have not reviewed these third party websites and do not make any representations regarding the availability, content or accuracy of materials on such websites. If you decide to access third party websites through links on the Site, you do so at your own risk. Your use of third party websites is subject to any terms and conditions of use of those websites which you should read immediately prior to submitting personal information to those websites.

4. Liability disclaimer

While we endeavour to ensure that the information on the site is correct, to the maximum extent permitted by law, we provide you with the site on an ‘as is’ basis only. You accept that access to the site may be suspended at any time and without notice in the case of systems failure, maintenance or repair or for any other reasons whatsoever, including for reasons beyond our control.

We make no representation or warranties of any kind, express or implied, as to the operation of the site or the information (including samples as defined at clause 1 above), reliability, completeness or timeliness of the content or services available on the site or that the use of the site will be uninterrupted, timely, secure or error-free. You expressly agree that your use of the site is at your own risk.

Further, any other party (whether or not involved in creating, producing, maintaining or delivering the site) including the officers, employees, consultants or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or any third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in any way to business interpretation and whether in tort (including without negligence) contract, warranty or otherwise in connection with the site in any way or in connection with the use, inability to use or the results of use of the site, any websites linked to the site or the content on the site, including but not limited to loss or damage due to viruses (including logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) that may infect your computer equipment, software data or other property on account of your access to, use of, or browsing the site or your downloading of any content from the site or any websites linked to the site. Further, we exclude all liability and responsibility as set out above whether or not we are advised of the possibility of such loss or damage.

Nothing in this legal notice shall exclude or limit our (including our employees
 or agents) liability for:-

(a) death, personal injury or fraud caused by our negligence; or
 (b) mis-representation as to a fundamental matter; or
 (c) any liability which cannot be excluded or limited under applicable law, including:-

(a) conditions and warranties as to title to goods implied by sale of goods legislation and where the customer deals as a consumer; or

(b) conditions as to goods’ description, fitness and quality and implied by sale of goods legislation and conditions as to supply of goods and services legislation

If your use of the content on the site results in the need for servicing, repairing or correction of equipment, software or data you assume all costs thereof.

If you are a consumer this legal notice does not affect your statutory rights which you have under law which cannot be excluded or limited. If you want to know what these rights are, you should contact your local Citizens’ Advice Bureau.

5. Your account

If you have an account with us, then you are responsible for maintaining the confidentiality of this account and any related passwords for your restricting access to your computer and/or account. You agree to accept responsibility for all activities that take place under your account and/or passwords. Currently, only employees and certain third parties require passwords to access certain portions of the web site. At this time, general consumers do not require passwords to access our Site. In the event that providing you with a password becomes necessary or helpful to your use of our Site, you will be responsible for maintaining the confidentiality of this account and any related passwords for your restricting access to your computer and/or account. You agree to accept responsibility for all activities that take place under your account and/or passwords.

Other than personal data or sensitive personal data about you, which is covered under the terms of our Privacy Policy, any material you transmit or post to the Site shall be considered non confidential and non-proprietary. We shall have no obligations with respect to such material. We and designated third parties shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the Site any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licenses and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in the United Kingdom or any other country in the world; or which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or which facilitates your misuse of the Site (including, without limitation, hacking)
 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions.

6. Termination

You agree that we may in our sole discretion and at any time terminate any password and account (or any part thereof) of yours without limitation, if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these terms.

7. Special offers and finance

ERG Scotland Limited reserve the right to end or change offers featured on our website at any time without prior notice. All others and products are subject to availability. All finance is subject to status and written quotations are available upon request. ERG Scotland Limited is Authorised and regulated by the Financial Conduct Authority. If you have any questions or a complaint about our special offers or finance please contact us by writing to:

Marketing Manager
ERG Scotland
Unit 19 Clayton Court
Invergordon IV18 0SB

or telephone 01349 842685

8. Indemnity

You agree to indemnify and hold us, our officers, employees, agents, consultants, licensees, web designer, web personnel and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of the Content of the Site in a manner that violates, or is alleged to violate, these terms. We shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably co-operate with you, at your expense, in your defence of any such claim.

9. Force Majeure

We will not be liable for any delay or failure in performance or interruption of the delivery of the Content of the Site. Furthermore, we will not be liable for any delay or failure in performance or interruption of the delivery of the Content of the Site resulting directly or indirectly from any cause or circumstances beyond our reasonable control, including but not limited to failure of equipment or communication lines, telephone or other interconnect problems, computer viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data), unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes, or other labour problems, wars or governmental restrictions.

10. Severability and Waiver

If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or any other term.

11. Access outside the UK

Access to the Content of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside England you do so at your own risk and are responsible for compliance with the Laws of your jurisdiction. Recognising the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

12. Entire agreement

These terms constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us.

13. Jurisdiction

These terms are governed by, and construed in accordance with, English Law unless you live in Scotland in which case, these terms will be governed by Scots Law and you and us irrevocably agree that the UK Courts shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the non-exclusive jurisdiction of the UK Courts.

14. Notification of changes to these terms and conditions

We reserve the right at our sole discretion to add to or change these terms. If we publish any changes we will let you know by posting such changes to this page and/or by posting notification of change to our Site homepage. Once we have posted any such changes it is then your responsibility as a user to ensure that you are aware of such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the Site after that time.

15. User information

We do collect information on what pages are accessed or visited by you for statistical purposes. Our web site uses web site statistical services that compile statistics on the general geographical locations of users, IP addresses, the time spent on the web site, the pages visited, the screen resolutions and other useful statistical data pertaining to visitors’ computers and the pages accessed when visiting the Site. By viewing any page within our Site, your data is collected by our stats services. Other personal information may be volunteered by you, such as your contact details, survey information and/or any site registrations. We use this information for internal review and in order to improve the content of the Site.

We gather personal information necessary to fulfil your order such as your name, telephone number, email address and postal address and any enquiries that you provide voluntarily when you contact us by e-mail, by phone or complete any on-line forms. In order to provide you and other Site users with a personalised and valuable service we operate a voluntary personal information submission process. During submission a user is required to give contact information as described above. We may ask you to provide us with information regarding your contact preferences in order to provide you with further correspondence about our products and services. You are not obliged to provide this information and you can opt out of this correspondence during registration. Further, without prejudice to the above, we shall at all times process your information obtained via your access and use of the Site and/or otherwise in accordance with our Privacy Policy. Where we collect from you and you voluntarily submit to us your information whilst using this site, our use of your information will be governed by these terms including our Privacy Policy. Please read these terms of use and our Privacy Policy carefully before using the site.

16. Our contact details

If you have any comments suggestions or questions about these terms and/or the Site and/or us generally, please contact us by writing to:

Marketing Manager
ERG Scotland
Unit 19 Clayton Court
Invergordon IV18 0SB

17. Monitoring phone calls

We may monitor and record phone calls. This will help us to improve our service and make sure we keep to our practices and procedures. Also, by recording phone calls, we can provide evidence of any agreements you enter into over the phone. Any phones calls recorded will be deleted after 30 days.

18. Company information

This site is the property of:
ERG Scotland
Unit 19 Clayton Court
Invergordon IV18 0SB

Company No. SC195590
VAT No. GB 734888976