The sections in yellow are optional and will depend on what the client does with the data or the level of information they provide.
The sections in grey should be retained but the details will need to be changed to reflect the types of data the client collects and uses.
This policy sets out how we use your information and provides you with information about the personal data we collect, how we keep it secure, how we ensure your privacy is maintained and your rights relating to the personal information we hold about you.
This policy applies to you if you purchase or use any of our products or services, if you visit our stores or shop online or use your mobile device and provides you with information about:
WHO WE ARE
THE TYPES OF PERSONAL DATA WE COLLECT
HOW WE USE PERSONAL DATA
WHO WE SHARE PERSONAL DATA WITH
TRANSFERS OF PERSONAL DATA
HOW WE PROTECT PERSONAL DATA
HOW LONG WE KEEP PERSONAL DATA
THE LEGAL BASIS FOR USING PERSONAL DATA
HOW TO CONTACT US
LINKS TO OTHER WEBSITES
WHO WE ARE
FULL COMPANY NAME is a company incorporated in COUNTRY OR STATE[and is part of the NAME OF GROUP which includes OTHER GROUP MEMBERS] (referred to as “we” or “us” in this policy).
We understand that privacy and the security of your personal information is extremely important and we are committed to maintaining the trust and confidence of the visitors to our websites and our customers by keeping your personal data secure and respecting your privacy rights.
We will always handle your data fairly and legally and are committed to being transparent about the data we collect and how we use it.
We don't rent or trade information about you with other organisations and businesses.
THE TYPES OF PERSONAL DATA WE COLLECT
We may collect the following information about you:
your age or date of birth
your contact details (postal, billing and delivery addresses, telephone numbers and e-mail address)
details of your purchases and orders
information about any services we provide to you
your on-line browsing activities on our websites
your account login details, including user name(s) and password(s)
when you purchase or order products and services, your bank account or payment card details
your communication and marketing preferences
your interests, preferences, feedback and survey responses
your IP address
your device ID and other details such as make and model and the apps you use
your correspondence and communications with us
publicly available personal data, including any you have shared via public platforms and social media.
Our websites are not intended for children and we do not knowingly collect data relating to children.
The types of data listed above is not exhaustive and, in some instances, we may need to collect additional data for the purposes set out in this policy or to provide you with certain products and services.
If shop with us using a credit or debit card, or if we take these details for payment authorisation, we will securely collect and store this information. We will ask if you want us to automatically store these details to speed up future payments. If you set up a direct debit payment, we will also collect bank details from you.
If you apply for credit, stage payments or other payment terms or forms of finance, we will take into account other information about you such as your employment details, financial position, identification documents details (such as your passport, national identify card or driving licence), insurance, criminal record and medical history as well as details about additional insured parties and cardholders or joint policyholders.
We may collect some of the above personal data directly from you, for example when you set up an account on our websites, or send an email to our customer services team. Other personal data is collected indirectly, for example your browsing or shopping activity. We may also collect personal data from third parties who have your consent to pass your details to us, or from publicly available sources.
HOW WE USE PERSONAL DATA
The information we collect may be used to:
provide products and services to you
process your orders
take payment from you or provide you with a refund
manage any account(s) that you hold with us
mange any reward or loyalty programs you participate in
verify your identity and ensure that our customers are genuine
detect and/or prevent crime or fraud, and related purposes
carry our statistical analysis
conduct market research
help us understand more about you as a customer
personalise your shopping experience
tailored our websites to you
improve our services, stores, apps and websites
contact you about products and services
provide online advertising
help answer your questions and solve any issues you have
manage customer service interactions with you
We will only use your personal data for marketing purposes with your consent. We may do this by post, email, text message, online or through social media, push notifications via apps, or other electronic means and will aim to update you only about those products and services you are interested in or which relevant to you.
You may amend your marketing preferences and have the right to opt out of receiving promotional communications at any time, by:
changing the marketing preferences on your account(s)
clicking the “unsubscribe” link in our emails or using the “STOP” number for texts
contacting us (seeHOW TO CONTACT US)
We won't send you marketing messages if you tell us not to, but we will still need to send you occasional service-related messages.
As part of the registration process for our newsletter, we collect personal information. We use that information to: tell you about our offers, products and services; contact you if we need to obtain or provide additional information; check our records are correct and up-to-date; and make sure that you’re happy and satisfied with our services. To do so we use a third-party provider, [ADD NAME], to deliver our newsletter. We gather statistics around email opening and clicks using industry standard technologies to help us monitor and improve our newsletter. For more information about this, please see [ADD NAME]’s privacy notice. You can unsubscribe from our newsletter at any time by clicking the unsubscribe link at the bottom of our emails or by contacting us (seeHOW TO CONTACT US).
If you are a member of any of our reward or loyalty schemes we may collect data directly from you, as well as analysing your browsing and purchasing activity, both on-line and in store, and your responses to marketing communications. The results of this analysis, together with other demographic data, allows us to personalise the information and offers we send to you, make that are relevant to you and understand more about you as a customer. We use software and other technology (automated processing) to do this.
When you visit our websites, we use service providers, like Google Analytics and Sumo Logic, to collect internet log information and details of visitor behaviour patterns. We do this to understand how visitors use our websites. This information is only processed in a way which does not identify anyone.
WHO WE SHARE PERSONAL DATA WITH
We may share your personal information with [NAME OF GROUP] from time to time so we can provide you with services across our group. That includes [ADD DETAILS].
We work with partners, suppliers, service providers and agencies and may need to share your personal information with them to provide certain services. However, we will only do so where they meet our standards for processing data and have confirmed that they have appropriate data protection and security controls in place. We will only share information with them that is necessary for them to provide services to us or directly to you and our contracts with them prevent them from using your personal information for any other purposes. These include:
Supplier Partners - trusted partners who supply products and services on our behalf
Delivery Partners - for you to receive the products you have ordered
Payment Providers - who take and manage payments
Credit Reference Agencies - to make sure you can manage the level of credit offered and prevent fraud
Marketing Companies - who help manage our electronic communications with you
IT Companies - who support our websites and information systems
We may also share your personal information with:
carefully selected retail partners, where you have consented to this
governmental bodies, regulators, law enforcement agencies, courts and insurers where we are required to do so to:
comply with our legal obligations
exercise our legal rights
prevent, detect and investigate crime and fraud
protect our employees and customers
our financial and legal advisors
purchasers or prospective purchasers of our business so they can evaluate that business and/or continue to provide services to you
We will not otherwise disclose your personal information to anyone else.
We will not sell or rent our customer data to other organisations for marketing purposes.
TRANSFERS OF PERSONAL DATA
If you place an order with us and you are outside of [COUNTRY] we will transfer your personal information to [COUNTRY].
Although your personal data will be held in [COUNTRY] data centres it is sometimes necessary for us to share your personal information outside of the European Economic Area (or the EEA), so that we can deliver products and provide services to you or to transfer your personal information to our group companies, suppliers or service providers based outside of the EEA for the purposes described in this policy. This will usually be the case when either you, your delivery address or our service providers are located outside the EEA.
If this happens, your personal information will continue to be subject to one or more appropriate safeguards set out in the law. We will ensure that the transfer will be compliant with data protection law and all personal information will be secure. Our standard practice is to use ‘standard data protection clauses’ for such transfers or ensuring that our suppliers sign up to an independent privacy scheme (like the US 'Privacy Shield' scheme). These methods have been approved by regulators to ensure adequate safeguards are in place.
This includes information about browsing and purchasing behaviour by people who access our websites. This includes information about pages viewed, products purchased and the customer journey around our websites.
HOW WE PROTECT PERSONAL DATA
We are committed to keeping your personal information safe and secure and use appropriate security measures to protect your information including:
encryption of data
security controls to protect our information systems from external attack
access controls to our information systems
logical separation of our systems and information
penetration testing of systems
internal information security policies
personal data and information security training for our employees
security assessments of all our service providers who may handle your personal information
never asking you for your passwords;
advising you never to enter your account number or password into an email or after following a link from an email.
We will never ask you for your passwords or to confirm your credit card or payment details via email.
We recommend that you:
keep your account passwords private
change your password often
do not use the same password for multiple accounts or websites
do not enter your account number or password into an email or after following a link from an email
security controls to protect our information systems from external attack
access controls to our information systems
logical separation of our systems and information
HOW LONG WE KEEP PERSONAL DATA
Unless we are required to by law, we will not retain your data for longer than necessary for the purposes set out in this policy.
Different retention periods apply for different types of data, however the longest we will normally hold any personal data for is 6 years.
You have the right to:
access your personal information
You can ask us to confirm what personal information we hold about you and how we use it, where we are obliged to provide copies of this personal information we will do so free of charge.
rectify your personal information
You can ask us to update and correct any out-of-date or incorrect personal data that we hold about you.
erase your personal information
You can ask us to delete information that we hold about you if you have withdrawn your consent, if that information is no longer needed for the purposes for which it was collected, if we are processing it unlawfully or in certain other circumstances.
stop or limit our processing of your personal information
You can object to us processing your personal information if we are not entitled to use it any more or if the processing is based on our legitimate interest (including profiling) where this does not override your rights, to have your information deleted if we are keeping it too long or have its processing restricted where you have contested the accuracy of the data, opposed the erasure of the data, you want us to retain the data so you can establish, exercise or defend legal claims, or you have objected to the processing, whilst a decision on overriding legitimate interests is pending.
Where you have consented to us processing your personal information you may withdraw this consent at any time, including the right to opt-out of marking communications.
Where you have provided us with information in a structured, commonly used and machine-readable format which we process by automated means, you can receive this in a standard form or ask us to move or transfer that data to another service provider.
not be subject to automatic decision making
You may not to be subject to a decision based solely on automated processing, including profiling, unless this is necessary for entering into, or performance of, a contract with us, it is authorised by the regulators or it is based on your explicit consent.
If you have any questions about your rights or wish to exercise any of them, please contact us (seeHOW TO CONTACT US).
Before providing personal information to you or another person on your behalf, we may ask for proof of identity and sufficient information about your interactions with us that we can locate your personal information.
You also have the right to lodge a complaint with a data protection regulator where your personal information has or is being used in a way that you believe does not comply with data protection law. Usually this would be in the country where you live or where your legal rights have been infringed. Our lead authority is [ADD NAME AND CONTACT DETAILS].
THE LEGAL BASIS FOR USING PERSONAL DATA
We are required to set out the legal basis for our ‘processing’ of personal data.
We collect and use your personal data because is it necessary:
for our legitimate interests (as set out below)
to fulfil our contractual obligations to supply products and services
to exercise our contractual rights and remedies
to comply with our legal obligations
In general, we only rely on consent as a legal basis for using your personal data in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent at any time and, where consent is the only legal basis for processing your personal information, we will cease to process data after consent is withdrawn.
Normally, the legal basis for using your personal information is that it is necessary for our legitimate interests. This includes:
selling and supplying products and services to our customers
processing orders and dealing with enquiries from our customers
managing returns and refunds
protecting our customers, employees and other individuals
promoting, marketing and advertising our products and services
sending promotional communications which are relevant and tailored to individual customers
administering reward or loyalty schemes
understanding our customers’ behaviour, activities, preferences, and needs;
improving existing products and services
developing new products and services
complying with our legal and regulatory obligations;
preventing, investigating and detecting crime, fraud or anti-social behaviour
handling customer contacts, queries, complaints or disputes
managing insurance claims by customers
taking appropriate legal action against third parties
handling legal claims or regulatory enforcement actions taken against us
fulfilling our duties to our customers, colleagues, shareholders and other stakeholders
HOW TO CONTACT US
If you would like to exercise your rights (see YOUR RIGHTS for further information) or you have a question or a complaint about this policy, the way your personal information is processed, please contact us by one of the following means:
By email: [ADD EMAIL]
By post: Data Protection Officer [ADD ADDRESS]
LINKS TO OTHER WEBSITES
We may partner with trusted service providers to make additional products and services available to you and may sometimes provide you with links to other websites that are not under our control.
In these instances, we will not be liable to you for any issues with their use of your personal information, the website content or the products and services offered or provided to you by these websites.
This Policy was last updates in [ADD MONTH AND YEAR].
WHAT ARE COOKIES?
Cookies are data files containing small amounts of information which are placed on your computer or other devices through your web browser when you visit our websites. This is then sent back to our websites by your browser and is used to “remember” your computer or device.
Cookies are used on all versions of our websites and in our website applications.
Cookies are designed to enable your computer or device to remember something you have done within that website (such as remembering that you have logged in, or which buttons you have clicked) and are essential for the effective operation of our websites and to help you shop online. They are also used to tailor the products and services offered and advertised to you, both on our websites and elsewhere.
To make full use of our websites and shop online, cookies need to be enabled on your web browser. If you do not accept, or disable, cookies then certain features on our websites will not work. You will still be able to browse our websites but will not be able to shop online.
The cookies stored on your computer or other device when you visit our websites are either designed by us, or on our behalf, and are necessary to enable you to a make purchases on our websites or by third parties who participate with us in marketing programmes or who provide web banner advertisements or other services to you on our behalf.
WHAT INFORMATION IS COLLECTED?
Some cookies collect information about browsing and purchasing behaviour when you visit our websites. This includes information about pages viewed, products purchased and your journey around a website.
To help you understand cookies better we have outlined some of the main types below:
These cookies are used to identify If you are logged in as a user, or not. They are important for our websites to know what information to show you or remind you to log in.
These cookies only last for as long as your browsing session on the website and are normally deleted automatically when you close your web browser.
These cookies remain after you have finished browsing, so if you visit a website and then return to it sometime later, the website will “remember” you.
These cookies are set by the domain (or sub-domain) for our websites in your web browser.
These cookies are set by a different domain to the website you are visiting and are used for a variety of reasons.
We do not control what information is collected and stored by Third-Party Cookies, or how they are set and we do not accept any liability in connection with these cookies, you should check the relevant website for more information about what they do with cookies and how you can manage them. These may include social networking sites, like Facebook and Twitter. If you share content in this way, the social network may send cookies to your browser.
For details of the Third-Party Cookies we use please see our COOKIE LIST.
HOW LONG IS THIS INFORMATION KEPT?
Generally, we only keep cookies for the duration of your visit to websites.
Please see our COOKIE LIST for more information.
HOW ARE COOKIES MANAGED?
You have different options to manage the cookies on your computer or device.
You can change your browser settings to prevent cookies from being accepted, or, depending on which browser you are using, you might be able to receive an alert when a website is trying to place one on your browser.
With most browsers, you can allow First-Party Cookies to be set but refuse to accept Third-Party Cookies.
WHAT ARE COOKEIS USED FOR?
to recognise customers and understand and facilitate their browsing and shopping behaviour
to complete orders and fulfil online transactions
for technical purposes relating to the operation of our websites and navigation
to improve our websites and you online shopping experience
to provide you with personalised content, web banner advertisements and targeted updates
to monitor the success of our online campaigns, sales, promotions and competitions
to meet our contractual obligations to third parties and manage the relationship with our partners
HOW DO I DISABLE OR DELETE COOKIES?
If you want to disable cookies you need to change your website browser settings.
This will depend on the browser you use and your browser’s 'help' menu should tell you how to disable cookies or change your cookie settings.
We have included instructions on how to do this for the most popular browsers below:
Microsoft Internet Explorer:
Choose the menu “tools” then “Internet Options”
Click on the “privacy” tab
Select the setting the appropriate setting
Choose Settings> Advanced
Under "Privacy and security," click “Content settings”
Choose Preferences > Privacy
Click on “Remove all Website Data”
Choose the menu “tools” then “Options”
Click on the icon “privacy”
Find the menu “cookie” and select the relevant options
You can also delete cookies stored in your browser by using the functions in your browser. This will not disable cookies or prevent your browser from collecting them in the future. Deleting cookies on one browser or one device does not automatically clear them on another.
WHAT HAPPENS IF I DISABLE COOKIES?
This depends on which cookies you disable, but in general the website may not operate properly if cookies are not accepted. However, you will still be able to browse around our websites, although some functions will not be available, for example you will not be to purchase products, set up a new account or access an existing one.
If you only disable Third-Party Cookies, you will not be prevented from making purchases on our websites.
If you disable ALL cookies, you will be unable to complete a purchase on our websites.
LAST UPDATED: DATE
We will update this list as we make changes to the shopping experience on our websites and as we gather more information on such cookies or as any cookies change. Whilst we intend to update this page regularly, there may occasionally be some cookies missing from the list.
The following Cookies are all used for analytical and targeting purposes:
These Terms and Conditions govern the supply of goods sold to you, the customer, and constitute the entire and only agreement between us in relation thereto.
All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
Your attention is in particular drawn to terms 4 and 9. If you are a consumer (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) we recognise that you may have additional rights under the statute and confirm your statutory rights are not affected by these terms.
DEFINITIONS AND INTERPRETATIONS
1.1 In these terms “we” or “us” means Geveko Markings Uk Ltd (Company Registration No. 815828) whose registered office is currently at Gibbs Marsh Trading Estate, Stalbridge, Dorset, UK, DT10 2RX ; “you” means the person, firm or company who purchases the goods and/or services from us; and “our” and “your” shall be construed accordingly and “contract” means any order which has been accepted by us.
1.2 References to any statutory provision shall include (i) any subordinate legislation made under it (ii) any provision which it has modified or re-enacted and (iii) any provision which subsequently supersedes it or re-enacts it.
APPLICATION OF TERMS
2.1 These terms apply to all sales of goods and/or services by us to the exclusion of all other terms (including any which you purport to apply) unless expressly agreed in writing in advance by one of our Directors.
2.2 Each order or acceptance of a quotation for goods and/or services by you shall be deemed to be an offer by you to buy goods and/or services subject to these terms. No order or acceptance of a quotation by you shall be deemed to be accepted by us until written confirmation of order is issued by us or (if earlier) we begin to process your order.
2.3 You acknowledge that you have not relied on any statement or representation made or given on our behalf. Any estimate of quantities needed, advice as to the suitability of any goods for a particular purpose and any plan or measurement given by us is given for guidance only (based on your information) and without liability on our part. No allowance is made by us for additional materials, wastage or installation. You must satisfy yourself that all goods and/or services ordered are correct.
2.4 Any typographical error or clerical omission in any sales literature, quotation, price list or other document issued by us may be corrected without liability on our part.
QUOTATIONS, ORDERS AND DESCRIPTION OF GOODS
3.1 The price specified on any quotation shall be based upon the costs applicable at the date of the quotation. If after the date of the quotation there shall be any increase or decrease in such costs then we may wish to review the prices quoted. All quotations will ordinarily remain valid for 7 days from the date of issue unless otherwise stated, however, we shall be entitled to withdraw any quotation at any time (whether or not already accepted by you).
3.2 Our quotations are submitted on the assumption that arrangements for payment (including references as to creditworthiness) will prove satisfactory to us. Should this not prove to be the case and should any payment to us be overdue we reserve the right at any time to suspend or discontinue delivery of any goods and/or services.
3.3 The description of the goods and/or services are set out in our quotation or confirmation of order.
3.4 With regard to orders placed via our website, you are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process, you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement email, detailing the products you have ordered.
3.5 Our acceptance of an order placed via our website takes place when we despatch the order and we will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately unless we have notified you that we do not accept your order or you have cancelled your order.
3.6 We are not obliged to accept your order for goods and may decline it or limit the order quantity. We may refuse to accept an order where goods are not available; where we cannot obtain authorisation for your payment; at any time due to market conditions or if there has been a pricing or product description error.
3.7 Any samples submitted by us are from current production at the time of submission of such supplies. Due to variations in raw materials the materials eventually supplied may not necessarily conform to the original sample but we will supply material to conform to the relevant British or European standard specification where previously requested in writing by you.
3.8 All samples, drawings, descriptive matter, specifications and advertising are issued or published for the sole purpose of giving an approximate idea of the described goods. They shall not form part of the contract and this is not a sale by sample.
3.9 Where fine or special tolerances are required in the goods supplied beyond those generally accepted in the building and construction trades, no liability shall attach to us unless such tolerances are notified in writing to us at the time of order and we have acknowledged in writing that we are prepared to accept such order.
DELIVERY OF GOODS
4.1 Delivery shall occur when you take possession of the goods at our premises or, where we agree to deliver when the goods are ready for unloading at the delivery address. When placing an order for an item via our website, please refer to the delivery options set out on our website and these terms and conditions to ensure that we can deliver to your address. You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, either we or our haulier will try to arrange for an alternative delivery date within several days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
4.2 All quotations where delivered prices are quoted are based upon safe and easy access for our vehicles for delivery and collection of materials and goods. In the event that in our opinion such access is not available or in the event that in our opinion any road or ground over which our vehicles would have to travel is unsuitable, we reserve the right to refuse to so deliver or collect. Further, should we incur extra costs in making a delivery by reason of an unsatisfactory access or an unsuitable road or ground for our vehicles we shall be entitled to recover these extra costs from you as an increase to our quoted price or prices.
4.3 Where delivered prices are quoted, this shall mean delivery to site or depot only, the cost of unloading and the responsibility for any loss or damage occasioned thereby, shall rest entirely with you.
4.4 Any dates and times we specify for the delivery of the goods are an estimate. We shall not be liable to you if we do not deliver on or at any particular date or time. Time for delivery shall not be made of the essence by notice.
4.5 Our prices only cover delivery or collection on normal working days during normal working hours. Additional costs arising through deliveries made on Public Holidays, weekends or at any time outside normal working hours or in the event that discharge is not completed within one hour will be charged for by us and paid for by you in addition to our quoted price or prices.
4.6 If you fail to accept delivery of any goods when they are ready for delivery, or we are unable to deliver the goods because you have not provided appropriate instructions, documents or consents, we shall be entitled to immediate full payment and risk in the goods shall pass to you. We may store such goods until delivery and you shall be liable for all related costs and expenses.
4.7 We will deliver to the site provided that there is a suitable road to the point where delivery is requested. If no such road exists, delivery will be made to the nearest point at which, in the driver’s opinion, the vehicle can safely and lawfully unload. Except where we use a vehicle-mounted crane/fork truck, you shall be responsible for unloading the goods and shall provide all necessary labour and equipment. We may charge you an additional fee if you delay in taking delivery of the goods when tendered.
4.8 We shall not be liable for any shortages in quantity delivered unless you give written notice to us of such shortages within two working days of delivery. In any event, our liability shall be limited to making good the shortfall or (at our option) issuing a credit note or refund at the pro rata contract rate against any invoice raised for such goods.
4.9 We may deliver the goods by separate instalments. Each instalment shall be a separate contract and cancellation or termination of one instalment shall not entitle you to cancel any other instalment.
4.10 Any query about delivery shall be made within two days of the date when the goods would in the ordinary course of events have been delivered else the goods shall be deemed to have been delivered in accordance with the contract.
4.11 We shall not be responsible for taking back any non-chargeable packaging/pallets.
RISK AND OWNERSHIP OF GOODS
5.1 The goods are at your risk from the time of delivery or deemed delivery.
5.2 Ownership of the goods shall not pass to you until we have received in full (in cleared funds) all sums due to us in respect of the goods and all other sums which are or become due to us from you on any account.
5.3 Until ownership of the goods has passed to you, you shall hold the goods on a fiduciary basis as our bailee and store the goods (at no cost to us) in satisfactory condition and in such a way that they remain readily identifiable as our property and you shall tell us immediately where the goods are situated.
5.4 Subject to 5.5, you may resell the goods before ownership has passed to you provided that any sale shall be effected in the ordinary course of your business at full market value and you shall deal as principal; you shall hold all proceeds of sale on trust for us and assign to us all rights and claims which you may have against your customer arising from such sales until full payment is made.
5.5 Your right to possession of, and authority to sell, the goods shall terminate immediately (and you shall immediately deliver the goods to us at your cost and risk) if we notify you to such effect or on the happening of any event set out in 10.3(a)-(i) (whichever is earlier) and you shall immediately notify us in writing upon the happening of any such event.
5.6 You grant to us and our agents an irrevocable licence at any time to enter any premises (with and without vehicles) where the goods are or may be stored in order to inspect them or, where your right to possession has terminated, to recover them.
5.7 Where we are unable to determine whether any goods are the goods in respect of which your right to possession has terminated, you shall be deemed to have sold all goods of the kind sold by us to you in the order in which they were invoiced to you.
PROVISION OF SERVICES
6.1 Where the goods supplied include services by us, our agents or subcontractors, you shall (where necessary) allow us safe and reasonable access to the site within our normal working hours to carry out the services.
6.2 The price quoted for such services assumes that: (a) the site is ready and suitable for the services to commence at the agreed time; (b) the services are to be carried out within our normal working hours; (c) suitable site access is available at all times; and (d) adequate mechanical lifting equipment is provided by you in the event that the services are to be carried out above ground level. If any of these assumptions prove incorrect, we shall be entitled to vary the price.
6.3 You shall provide a safe environment and all necessary consents, information, and resources for us, our agents and subcontractors to carry out the services.
6.4 In relation to any installation services, you are responsible for ensuring the goods (whether before or after installation) and shall notify your insurers that we will be carrying out such services on site. You must take steps to ensure all adjacent surfaces and items are properly protected from damage during the works.
6.5 Any dates and times we specify for commencement and completion of the services are an estimate. We shall not be liable if we do not carry out the services on or at any particular date or time. Time for performance shall not be made of the essence by notice.
6.6 If we provide design services, all copyright and other intellectual property rights created, developed or used shall remain the sole property of us or our licensors.
PRICE AND ADDITIONAL CHARGES
7.1 With respect only to orders placed via our website, the price payable for the goods you order is as set out on our website at the time you place your order plus any charges for delivery as advised to you on our website. Occasionally an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price. Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code at the time of ordering, otherwise, you will be charged the full price.
7.2 With respect to all other orders, unless we otherwise agree in writing the price payable for the goods and/or services shall be the price applicable on the date of delivery or deemed delivery for goods and the date the services are carried out for services. On occasion, the prices payable for goods advertised on our website may differ from those prices offered to you in written quotations, and we are under no obligation to honour any web site price if there is such a difference.
7.3 Unless stated otherwise in writing, the price for the goods and/or services shall be exclusive of any value added tax, which shall be payable by you at the rate applicable at the tax point.
7.4 We may at any time after acceptance of an order, but prior to delivery, revise the price payable for the goods and/or services to take account of increases in costs including, without limitation, costs of any goods or materials, carriage, labour or overheads, the increase or imposition of any tax duty or other levy and variation in exchange rate. However, where we wish to revise the price payable we will confirm the revised price with you before we proceed to despatch your order.
7.5 Unless our written quotation states otherwise, in addition to any prices quoted we will also charge you the cost of delivering the goods to you.
PAYMENT AND INTEREST
8.1 Payment for goods and/or services supplied on a credit account shall be due not later than 30 days after the date of delivery or deemed delivery of the goods and/or services. If you default in making payment, the entire balance of your account shall be payable immediately and we may charge interest, together with costs and expenses, in accordance with 8.4.
8.2 For non-credit account purchases, payment shall be with the order or, at our discretion, on delivery or deemed delivery.
8.3 Time for payment shall be of the essence. You shall make all payments in the stated currency of our invoice to you (which shall be in accordance with our relevant quotation to you), in full without any deduction.
8.4 If you fail to pay us any sum due (and whether or not any part of your account is subject to query), we may, in addition to our rights under 10.3, appropriate any payment made by you to such of the goods and/or services (or such goods or services supplied under any other contract between you and us) as we may think fit; and you shall be liable to pay us interest on such sum at the annual rate of 4% above the base lending rate from time to time of Lloyds TSB Bank plc, accruing on a daily basis from the due date for payment until payment is made in full, whether before or after any judgment, together with all costs and expenses incurred by us in recovering sums due or exercising our rights under this provision.
9.1 If any goods or services are defective due to defective workmanship or material, we shall (at our option) repair or replace such goods (or the defective part) or rectify the defective service or refund the price of such defective goods or services at the pro rata contract rate provided that: (a) you give us written notice of the defect within seven days of the date of delivery or completion of the services or, in the case of a defect which is not discoverable upon reasonable examination, within seven days of the time when you discover or ought to have discovered the defect (and in any event within twelve months from the date of delivery or completion of the services); (b) we are given a reasonable opportunity after receiving notice to examine such goods and/or services and (if asked to do so by us) you return such goods to our place of business for the examination to take place there; (c) you do not make any further use of such goods after giving such notice; (d) the defect is not due to wilful damage, negligence (other than ours), fair wear and tear, alteration or repair of such goods without our prior written consent or incorrect storage, application, movement, installation, commissioning, use or maintenance of the goods (other than by us); and (e) the defect is not due to any act or omission of you, your agents or contractors.
9.2 Our entire liability for defective goods and services is set out in 9.1 and in particular we shall not be responsible for either the cost of removing the goods from any place where they are installed or fixed (or making good the place after removal) or for the cost of installing or fixing any repaired or replacement goods unless due to our defective service.
9.3 Save as expressly set out in these terms, all warranties and other terms implied by statute or common law (save for the term implied as to title) are, to the fullest extent permitted by law, excluded from the contract.
9.4 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price between us.
9.5 We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or loss of anticipated savings, in each case whether direct, indirect or consequential or any other indirect losses whatsoever and howsoever caused.
9.6 Nothing in these terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation; and (c) any other matter which it would be illegal for us to exclude.
9.7 Where goods are manufactured in compliance with any designs, specifications or drawings supplied by you or your customer, you shall indemnify us against all proceedings, costs, claims, losses or demands in respect of any infringement or alleged infringement of any intellectual property rights whatsoever of third parties in any part of the world.
CANCELLATIONS AND RETURNS
10.1 Where you are a “consumer” under a “distance contract” (both as defined in the Consumer Protection (Distance Selling) Regulations 2000) you may cancel a contract within seven working days after the date the goods are delivered. You must return the goods to our Stalbridge site or request us to collect the goods, at your cost. This term shall not apply to any goods specially obtained or made for you or which are liable to deteriorate or expire rapidly. This right for consumers to return goods within seven working days shall not apply where the goods have been damaged by you or are not in their original state. The provisions of this clause 10.1 do not affect your statutory rights.
10.2 We may, at our discretion, accept or reject the cancellation of any contract or the return of any goods not required. No cancellation of any order for supply can be accepted unless such cancellation is received in writing by us in time to prevent the order being batched, mixed or loaded. Any such cancellation or return shall be on such terms as we specify and in particular, we may charge you a handling fee.
10.3 We shall be entitled to cancel or suspend a contract if you fail to pay us any sum due pursuant to the contract (whether or not any part of your account is subject to query) or any of the following events occurs or we believe is likely to occur: (a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take a benefit for the relief of insolvent debtors, or (b) you convene a meeting of creditors or enter into liquidation; or (c) you have a receiver and/or manager, administrator or administrative receiver appointed over your undertakings or any part; or (d) a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in your respect, or any proceedings are commenced relating to your insolvency or possible insolvency; or (e) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or (f) you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or (g) any event similar to the above occurs; or (h) you fail to observe or perform any of your obligations under the contract or any other contract between us and you; or (i) you encumber or in any way charge any of the goods.
HEALTH AND SAFETY
11 Certain goods supplied by us could, if incorrectly used, give rise to risks to health and safety. Information in respect of such products is available from us. You undertake that you will ensure compliance by your employees, agents and customers with any instructions given by us or the manufacturer or our supplier and will take any other steps or precautions, having regard to the nature of the goods, as are necessary to preserve the health and safety of any person handling, using or disposing of them.
12 You will be responsible for the disposal of any waste arising from the goods and will comply with all applicable laws, regulations and waste management licences relating to such waste, including the appropriate disposal by you of any goods marked with a crossed out wheelie bin symbol, save where you are a consumer and it is our responsibility at law. You will indemnify us against all costs, claims, liabilities and expenses arising from any breach by you of this provision.
13 We may defer the date of delivery, cancel the contract or reduce the volume of the goods and/or services ordered by you (without liability to you) if we are unable to deliver or supply due to any cause beyond our reasonable control (including the acts or omissions of our suppliers and subcontractors).
14.1 Any notices given pursuant to or in relation to the contract shall be in writing and addressed to the party concerned at its principal place of business or last known address. Any notice shall be deemed delivered two days after posting or on the next working day after fax transmission.
14.2 Any provision of the contract found to be invalid or unenforceable shall, to such extent, be deemed severable and the remaining provisions of the contract shall continue in full force and effect.
14.3 Failure or delay by us in enforcing any contract term shall not be construed as a waiver of any of our rights under the contract.
14.4 You shall not be entitled to assign or subcontract any of your rights or obligations under the contract.
14.5 No person who is not a party to the contract shall have a right to enforce any term of the contract which expressly or by implication confers a benefit on that person.
14.6 Any dispute or claim arising in connection with the contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts, save that if you are domiciled in Scotland (within the meaning of the Civil Jurisdiction and Judgments Act 1982) then the contract shall be construed in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish courts.
15.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on our Website and/or product literature, method statements, application guides and videos (including without limitation photographs and graphical images) (our “marketing materials”) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from our Website and marketing materials is prohibited. If you breach any of the terms in these terms and conditions, your permission to use our Website and marketing materials automatically terminates and you must immediately destroy any downloaded or printed extracts from our Website and/or marketing materials.
15.2 No part of our Website or marketing materials may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
15.3 Any rights not expressly granted in these terms are reserved.