Here follows all that boring legal jargon we have to show you by law, please have a read if and when you are bored enough.
This is the privacy notice of People's Pride Southampton. In this document, "we", "our", or "us" refer to People's Pride Southampton.
We are a registered charity registered in England and Wales with the charity commission under number 1191841. Our office is registered in Southampton, England.
This privacy notice aims to inform you about how we collect and process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information. It tells you about your privacy rights and how the law protects you.
We are committed to protecting your privacy and the confidentiality of your personal information. Our policy is not just an exercise in complying with the law, but a continuation of our respect for you and your personal information. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate. Our policy complies with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR).
The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data. We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
Data Protection Officer
We have appointed a data protection officer (DPO) who is responsible for ensuring that our policy is followed.
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our DPO, Barbara Webber at email@example.com
Data we process
We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows:
Your identity includes information such as first name, last name, title, date of birth, and other identifiers that you may have provided at some time.
Your contact information includes information such as billing address, delivery address, email address, telephone numbers and any other information you have given to us for the purpose of communication or meeting. Your financial data includes information such as your bank account and payment card details. Transaction data includes details about payments or communications to and from you and information about products and services you have purchased from us.
Technical data includes your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Your profile includes information such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. Marketing data includes your preferences in receiving marketing from us; communication preferences; responses and actions in relation to your use of our services.
We may aggregate anonymous data such as statistical or demographic data for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity. For example, we may aggregate profile data to assess interest in a product or service.
However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this privacy notice.
Special personal information
Special personal information is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. It also includes information about criminal convictions and offences. We do not collect any special personal information about you unless you apply for membership or apply for a voluntary role with us.
If you do not provide personal information we need where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract. In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.
The bases on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category. If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data. If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
Information we process because we have a contractual obligation with you
When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us. In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
· verify your identity for security purposes
· sell products to you
- provide you with our services
· provide you with suggestions and advice on products, services and how to obtain the most from using our website
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract. We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
Information we process with your consent
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful. We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists
You may withdraw your consent at any time by instructing us at: firstname.lastname@example.org. However, if you do so, you may not be able to use our website or our services further.
Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so. Where we process your information on this basis, we do after having given careful consideration to:
· whether the same objective could be achieved through other means
· whether processing (or not processing) might cause you harm
· whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
· record-keeping for the proper and necessary administration of our organisation.
· responding to unsolicited communication from you to which we believe you would expect a response
· protecting and asserting the legal rights of any party
· insuring against or obtaining professional advice that is required to manage organisational risk
· protecting your interests where we believe we have a duty to do so
Information we process because we have a legal obligation
Sometimes, we must process your information in order to comply with a statutory obligation. For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order. This may include your personal information.
Specific uses of information you provide to us
Information provided on the understanding that it will be shared with a third party
Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.
· posting a message our forums or social media pages
· tagging an image
· clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks
In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it. We do not specifically use this information except to allow it to be displayed or shared. We do store it, and we reserve a right to use it in the future in any way we decide. Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.
Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at: email@example.com
Complaints regarding content on our website or socials
We attempt to moderate user-generated content, but we are not always able to do so as soon as that content is published. If you complain about any of the content on our website, we shall investigate your complaint. If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.
Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
Information relating to your method of payment
Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it. At the point of payment, you are transferred to a secure page on the website of WorldPay / SagePay / PayPal / MoneyBookers / Stripe or some other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.
Information about your direct debit / Recurring Payments
When you agree to set up a direct debit arrangement, the information you give to us is passed to our own bank Natwest for processing according to our instructions. We do not keep a copy. We are registered under the direct debit guarantee scheme. This provides for the customer's bank to refund disputed payments without question, pending further investigation. Direct debits can only be set up for payments to beneficiaries that are approved originators of direct debits. In order to be approved, these beneficiaries are subjected to careful vetting procedures. Once approved, they are required to give indemnity guarantees through their banks.
If you send us information in connection with a membership application, we may keep it for up to a month after you have cancelled your membership this is to give us time to securely delete / destroy your data once you have resigned as a member.
Communicating with us
When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need. We record your request and our reply in order to increase the efficiency of our organisation. We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
Affiliate and business partner information
This is information given to us by you in your capacity as an affiliate of us or as a business partner. It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you. The information is not used for any other purpose.
We undertake to preserve the confidentiality of the information and of the terms of our relationship. We expect any affiliate or partner to agree to reciprocate this policy.
Use of information we collect through automated systems when you visit our website
Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
· to track how you use our website
· to record whether you have seen specific messages we display on our website
· to keep you signed in to our website
· to record your answers to surveys and questionnaires on our site while you complete them
· to record the conversation thread during a live chat with our support team
Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you. If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
Our use of re-marketing
Disclosure and sharing of your information
Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.
No such information is personally identifiable to you.
Third-party advertising on our website
Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.
To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
Data may be processed outside the European Union
Our websites are hosted in Israel. We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business. Accordingly data obtained within the UK or any other country could be processed outside the European Union. For example, some of the software our website uses may have been developed in the United States of America or in Australia.
We use the following safeguards with respect to data transferred outside the European Union:
· the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
· the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union, specifically that in the country of Israel.
· we comply with a code of conduct approved by a supervisory authority in the European Union, specifically that in the country of Israel.
· we are certified under an approved certification mechanism as provided for in the Act. - both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in the European Union relating to protection of your information.
Control over your own information
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.
Access to your personal information
At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.
To obtain a copy of any information that is not provided on our website you should contact us to make that request.
After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
Removal of your information
If you wish us to remove personally identifiable information from our website, you should contact us to make your request. This may limit the service we can provide to you.
Terms and Conditions
Please read all these terms and conditions.
Before we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions for your satisfaction and peace of mind.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are People’s Pride Southampton whose trading name is Peoples Pride Southampton, a charity registered in England and Wales under number 1191841 whose registered office is at 66 Hampton Towers, International Way, Weston, Southampton, SO19 9PD with email address firstname.lastname@example.org; (the Supplier or us or we or People’s Pride Southampton).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by ticking the box marked ‘I have read and agree to the website terms and conditions’. If you do not tick the box, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. We will provide you with Goods (and any other services as set out in this Agreement) only on Working Days (unless we agree otherwise).
4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Goods;
6. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
7. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
8. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
9. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
11. Website means our website https://peoplesprideuk.com/ on which the Goods are advertised;
12. Cut-Off Time means the time in which you must place your order by, to qualify for Same Day Delivery or Deliver to Store
Delivery for the area of the Delivery Location on the Order.
13. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the packaging, size and colour of the Goods supplied.
14. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
15. All Goods which appear on the Website are subject to availability.
16. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement.
18. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
19. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
20. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
21. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g.; by giving you rights as a business.
Price and Payment
24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
27. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
29. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
30. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you.
31. If any Goods form a commercial unit (a unit is a commercial unit if the division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
32. If we accept an Order for delivery outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands, you may need to pay import duties or other taxes, as we will not pay them.
33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
35. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Same Day Delivery
36. We will provide you with our Delivery Services only on Working Days (unless we agree otherwise).
37. Our duty is to deliver Goods to the Delivery Location given to us on the Order. We are not responsible for delivering the Goods to the person(s) whose name is displayed on the Order details.
38. We may not, process or deliver any Goods if we consider it to be impractical or unreasonable to do so, including if:
a. The Order details are missing information pertaining to the Delivery Location;
b. The Delivery Location cannot be found and contact cannot be made with you; or
c. the address is not safe or our staff’s health and safety would be at risk in any way.
39. If we are unable to deliver the Goods because they do not fit through the letter box, no-one is available to receive them and there are no other delivery instruction attached, we will return the Goods to our premises, and attempt delivery again no later than on the next working day.
40. If Two (2) attempts have been made to deliver the Goods, then we will use an alternative delivery method to deliver the Goods.
41. We will deliver the Goods no later than: (i) 17:59 on the date the order is placed for Same Day delivery Orders, .
This only applies when all of the following conditions are met:
a. You have placed your Order before the Cut-Off time for the area of the Delivery Location (displayed at www.peoplesprideuk.com
b. Full payment is received before the Cut-Off time for the area of the Delivery Location; and
c. The availability of all Goods in the order are confirmed before the Cut-Off time for the area of the Delivery Location.
42. Any orders placed after the Cut-Off time for the area of the Delivery Location, will be delivered no later than: (i) 17:59 on the next working day for Same Day delivery Orders,
43. We will deliver any Goods to the Delivery Location given on the Order. It is your responsibility to ensure the correct Delivery Location is given on the Order. We will attempt at our earliest convenience to retrieve back any Goods delivered an incorrect Delivery Location. Providing we can successfully retrieve the original Goods we will re-deliver them to an alternative Delivery Location.
44. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
45. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you by us, or any alternative postal service.
46. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and Cancellation
47. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
48. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
49. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised; or
c. goods which are liable to deteriorate or expire rapidly.
50. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery; or
b. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to Cancel
51. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
52. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
53. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg; a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.
54. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation in the Cancellation Period
55. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
56. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie; handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg; it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of Reimbursement
57. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied; or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
58. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
59. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
60. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at any of our premises without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
61. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
62. If you have received the Goods with a mistake that was not listed on the Order then the following will apply:
a. If you have received your Goods that were not listed in the order, you must inform us and allow us to collect them, or you must send back the Goods or hand them over to us at any of our premises without delay. We will reimburse you for the cost of postage.
b. If you are missing Goods that were listed on your Order, then you must inform us within 14 days of receiving them. We will send you the missing Goods without delay. You will not incur any additional charges for the postage.
Conformity and Guarantee
63. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
64. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
65. It is not a failure to conform if the failure has its origin in your materials.
66. We will immediately, or within a reasonable time, give you the benefit of the free 30 day guarantee given by us of the Goods. This is separate and does not affect the guarantee that is set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are received, and will not reduce your legal rights.
67. Goods that have a suspected fault must be examined by us. We require at least 48 hours or as much as 14 days from the date we receive the goods back to determine the nature of the fault.
68. Goods will not be considered faulty If: (i) a fault has occurred as a result of misuse or damaged, or (ii) you have attempted repair yourself, or (iii) you have attempted to have the Goods repaired by anyone other than ourselves.
69. For Goods that are deemed faulty and non- repairable, we will (in addition to other remedies) promptly offer a replacement or an exchange of equal value of the Goods, or reimburse to you all payments received from you, including the costs of delivery.
Successors and our sub-contractors
70. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
71. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
72. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
74. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR;
b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679;
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
75. We are a Data Controller of the Personal Data we Process in providing Goods to you.
76. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
77. For any enquiries or complaints regarding data privacy, you can email: email@example.com
78. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction, and complaints
79. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
80. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
81. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.
Health and Safety
82. We will follow any and all government precautions and procedures regarding the Coronavirus (COVID-19).
As such we cannot guarantee the avoidance of any health issues that arise involving COVID-19. Subject to these precautions, in the event you are returning Goods to us for any reason, you must wait 2 weeks and fully sanitise all Goods before sending them to us if any of the following statements apply to you:
a. You are confirmed to have tested positive with COVID-19 or have been in contact with any person(s) who have tested positive with COVID-19;
b. You are suspected to test positive with COVID-19 or have been in contact with any person(s) who are suspected to test positive with COVID-19; or
c. You show any of the known symptoms of COVID-19 or have been in contact with any person(s) who show any of the symptoms of COVID-19.
These terms and conditions can and will be updated on a regular basis, the last time these terms and conditions were updated was 30/12/2020.