Last updated: 5th March 2021

 1. Definitions.

In these terms and conditions the following meanings will apply:

• “The Company” means Orb International KMS Ltd known as Orb Group Ltd, whose registered office is at The Orion Building, 1 Broomloan Place, Ibrox Business Park, Glasgow, G51 2JR.
• “Customer” means the person or company whose details are entered on any order or enquiry form on this website.
• “Browser” means any person accessing and using this website by means of software products enabling Internet connection.
• “The Website” means the website at https://shop.calmac.co.uk

2. Copyright

The website is owned and operated by The Company and all contents and designs are copyright of The Company and its suppliers or agents. Browsers using the site are permitted limited rights to view and print the contents for personal use only and are prohibited from copying or reproducing or reusing any of the contents or designs in any medium for any other purpose, in particular but not exclusively for any commercial gain.

3. Products and Services

The company undertakes that all products are of suitable quality for purpose. The Website contains detailed descriptions of the all products for sale.

4. Conditions of Contract

No contract will subsist between you The Customer and The Company for the sale of product(s) or service(s) to you, unless and until The Company accepts and confirms your order in writing or by email. The contract when formed will be deemed to have been concluded in Scotland and will be interpreted, construed and enforced in all respects in accordance with the laws of Scotland, and will be subject to the jurisdiction of the Scottish Courts.

In the event that any clause within these terms is deemed at law to be unreasonable or unenforceable such clause will be deleted and such deletion will have no bearing on the validity or interpretation of the remaining clauses.

5. Delivery

Next day delivery service is only available Monday – Friday when order is placed before 12noon. Any orders received on Saturday and Sunday will be processed and despatched on next working business day.

Delivery of products ordered from stock will normally be made within 7 – 10 days within UK, from receipt of order.

The Company will use its best endeavours to ensure timely delivery of all orders, but time of delivery will not be capable of being made of the essence of the contract as actual delivery to the Customer will be by independent carrier and outside the direct control of the Company.

6. Price and Payment

The Company reserves the right to vary prices to reflect changes in price from its suppliers without notice and the contract price will be the price quoted in the contract confirmation.

The price of the contract will require to be paid in full prior to dispatch of the products unless otherwise agreed. Payment is of the essence of the contract and the Company will be relieved of any obligation under the contract if payment is not made in accordance with the contract terms.

7. Cookies and Personal Data Security

To facilitate effective processing of orders the Company offers secure payment facilities online, via the website and can accept payment by major credit cards or debit cards by this method. To this end cookies are used by the website server to track order details only and Customers are asked to accept these files from the website server.

Personal details are encrypted during transmission and stored and used strictly in accordance with the Data Protection Act 1998 and will not be passed to any third party without your explicit permission. Orb Group fully complies with PCI DSS level IV as required.

8. Warranty

The Company warrants that all products and services supplied will be of suitable quality and fit for their designed purpose. Exceptionally however, any discounted or “sale” products will be sold “as is” and are specifically excluded from this guarantee. No guarantee is offered where products are used for purposes other than that for which they were designed. This warranty is in addition to, and does not affect, your statutory rights.

9. Cancellation

The contract will be non-cancellable by the Customer, once confirmed by the Company except as provided for by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Regulations”). The Regulations provide the Customer with a right to cancel an order within 14 days from the date of delivery of the order. The Customer should use the Company’s Model Cancellation Form to request a cancellation. Click here to access the Form or phone us to send you a copy. The Customer has no right of cancellation under the Regulations in the case where products are customised for the Customer or where the Products are liable to rapidly deteriorate. If the Customer elects to cancel the order under the Regulations, the Customer will receive a refund less any costs related to deterioration of the product or excessive handling being returned once the Company receives the product being returned. Notwithstanding, acceptance of cancellation by the Company in the circumstances set out herein any refund or part refund will be solely at the discretion of the Company.

10. Returns

In the unlikely event of products being faulty or of sub-standard quality, please report such problem immediately to the Company using the enquiry form or contact details on the website. Goods should be returned together with original packaging wherever possible.

11. Liability

To the maximum extent permissible in law, the Company excludes all liability for any loss or consequential loss however incurred by the Customer, arising from any action or omission or failure by the Company in connection with the contract. In any event the maximum liability of the Company will be not more than the purchase price of the products or services under the contract, should the contract be cancelled for any reason.

12. Title and Risk

Title in the goods will pass to the Customer on payment of the full purchase price. Risk however, will be carried by the Company until such time as the products are delivered to the Customer.

13. Force Majeure

In the event of circumstances outside the Company’s control affecting the performance of the contract, the Company will be entitled to notify the Customer and revise or cancel the contract to reflect the changed circumstances and the Customer will accept such changes.

14. Notices

All communications in connection with the contract will be deemed to have been served if sent by ordinary mail to the Customer’s postal address or by email to the Customer’s email address, as notified to the Company by the Customer. Communications to the Company should be addressed to Orb Group Ltd, The Orion Building, 1 Broomloan Place, Ibrox Business Park, Glasgow, G51 2JR or by email using the link on the website or by telephone at 0141 427 7272.

15. Mailing List

If you choose to opt in to the mailing list you will receive an e-mail to confirm this. You can choose to opt out if you do not wish for your details to be added to our database.

16. GDPR

Should you have any concerns or queries relating to your personal data please get in touch at: glasgow@orbgroup.co.uk