Table of Contents
Introduction
We, Scotsy Ltd. have created the Scotsy terms and conditions of use on a basis of being both simple and fair. They apply to this website known as ‘Scotsy’.
By using the Scotsy website, you are bound by the following Scotsy terms and conditions.
We may change these terms at any time by posting changes online. Please review these terms to ensure you are aware of any changes made by us. Your continued use of Scotsy after changes are posted means you agree to be legally bound by these terms as updated and amended.
Who we are
We are Scotsy Ltd. (SC669565), a company registered in Scotland and trading as Scotsy. Our registered office is 6 MacTaggart Loan, Newtongrange, Dalkeith, Near Edinburgh EH22 4QZ.
In the terms below we are referred to as Scotsy, we and us.
General
These Scotsy terms and conditions apply to all users of the Scotsy website. The users include buyers (both consumer and business customers), and visitors.
You must be 18 years of age or older. If you are not, you will not be able to enter into a legally binding contract to buy on Scotsy
If you register on Scotsy and are representing a business in any way: in that case, you must guarantee that you personally have the authority of the said business, to agree to the terms of use.
Information about what we do
We operate the Scotsy platform. It is an online art gallery marketplace for high-quality contemporary art. As an art marketplace, we shall act as the central point and go-between for buyers (including art collectors and art lovers), and our Scotland-associated artist sellers.
Scotsy accepts orders and processes artist seller payments as an agent for sellers and coordinates customer communications, enquiries and issues, directly with the artists.
Buying Contract Details
If you decide to buy any items on our site, your contract for the purchase is between you and the artist seller and is an inherent part of the Scotsy terms and conditions. The contract will comprise these terms, the email confirmation of your order and the details of the item showing on the Scotsy website. Notably, the site item details are also the responsibility of the artist seller.
These terms shall prevail in the event of any conflict, dispute or inconsistencies.
We cannot give any undertaking that the goods purchased from the artist seller through the Scotsy website will be of satisfactory quality and this and any other such warranties are disclaimed by us to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the artist seller.
How do I place an order?
You can place an order for any artwork or item displayed on Scotsy via the shopping cart. This is an offer to purchase. The order will be deemed to be accepted and the purchase contract formed between you and the artist seller. We, on behalf of the artist seller and acting as their agent, send you an email confirmation of your order. Scotsy would normally expect to issue that confirmation immediately or normally within 24 hours. If the order cannot be accepted for any reason you will be informed by email by either us or the artist.
We work with artists to try and ensure that all listings are as accurate as possible but some items may vary slightly from their images.
If you have any queries or would like more information before placing an order, please contact us: Contact Us
Payment
Payment for items ordered via the Scotsy website may only be paid for using the payment method we make available through our Stripe payment facility. Stripe is a leading safe and secure worldwide payment processing company of repute. We have control of all payments as an agent for the artist sellers and will deal with onward payments to the sellers, or refunds to you as appropriate, on their behalf.
Artwork item listings plus the shopping cart data will show the price of the item, options for delivery and any additional delivery charges, which may apply.
Import Duties and Taxes
If you order the item(s) for delivery outside the UK, they may be subject to import duties and taxes which are levied at the destination. You as the buyer are responsible for any such charges. We are not able to confirm if any particular charges apply and you should check with your local customs office before placing an order.
Delivery
Delivery is the responsibility of the artist seller. The delivery particulars should be available either as part of the item details shown on the site or within the artist seller’s shipping policy. The latter can be viewed on any of that artists’ product pages under the policies tab. It is located in the tabs headings, under the ‘Add to basket’ button alongside the ‘Artwork Description’ tab.
Alternatively, the shipping policy can be viewed by going to the ‘Artist List pages’: Artist’s List‘. First, find the artist, click on the ‘visit’ button to go to that artist’s page then the ‘view policies’ tab button, just under the artist’s banner image.
You as the buyer should ensure that the delivery details which you provided when you place an order are accurate.
If you have any concerns, again please contact us. The goods will become your responsibility when delivered to you or your representative.
Returns and cancellation
As part of Scotsy’s terms and conditions, you must pay for items purchased by you unless the artist seller has made a clear typographical error or you cannot authenticate the seller’s identity. You and you alone are liable for paying the artist seller if you commit to buying an item.
If you have changed your mind about an order or an item you have received, please let us know by email to admin@scotsy.com.
You have 14 days from the day after you receive an item to notify Scotsy that you wish to return it and specify the reason why. We will then confirm the address to which the item should be returned. You then have a further 14 days to return the item. Notably, we recommend that you use a signed service with proof of postage. Please note that you will bear the cost of returning the item.
We will refund you within 14 days of receiving confirmation of receipt of the returned item from the seller or if you cancel your order before the item was sent to you, within 14 days of your email to us cancelling the order. The refund will cover the price you paid for the item including standard postage costs (unless the item is faulty when all postage costs will be refunded).
The following items are not returnable – downloadable items, perishable items, items which are personalised or bespoke or made to specific requirements, and items which cannot be returned for hygiene reasons.
We hope that all items arrive with you in perfect condition but if you do receive an item that is faulty, please email david@scotsy.com with details and a photograph of the issue, so that we can resolve things as soon as possible.
GDPR and use of information
Scotsy complies with the principles of the General Data Protection Requirements. Our Privacy Policy sets out further details. We will provide your name and address to the relevant artist seller to allow them to fulfil your order and to contact you as necessary.
Other important terms – Scotsy terms and conditions
If any part of these Scotsy terms and conditions shall be held to be invalid or unenforceable for any reason, by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these terms.
Governing Law
These Scotsy terms and conditions shall be governed and interpreted in accordance with the laws of Scotland (Scots law).