Privacy & Cookies Policy1. Introduction
1.1 We are committed to safeguarding the privacy of our website visitors and customers; in this policy we explain how we will handle your personal data.
1.3 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls within the customer account area of our website.
2. How we use your “personal data”
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
2.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process your account data ("account data"). The account data may include your name, email address, telephone number, fax number, newsletter subscription preference and postal address. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and/or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.4 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and/or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.5 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you.
2.6 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, select payment details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
2.7 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.8 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.9 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.10 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.11 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3. Providing your personal data to others
3.1 We may disclose your personal data to any member of our group of companies this means our subsidiaries, our ultimate holding company and all its subsidiaries insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.3 Financial transactions relating to our website and services may be handled by our payment services providers as listed within our checkout pages. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices on their own company websites.
3.5 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. International transfers of your personal data
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.2 We and our other group companies have offices and facilities in the United Kingdom. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from the Information Commissioner's Office.
4.3 The hosting facilities for our website are situated in the United Kingdom. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from the Information Commissioner's Office.
4.4 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data for a minimum period of 30 days following its provision.
5.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on its necessity for the proper administration of our website and business and/or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
5.5 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We may notify you of changes to this policy by email or other means of communication.
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can request a copy of the personal data we hold by contacting us. Please note that we may in return request copies of valid identification.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 7.
8. Third party websites
8.1 Our website includes hyperlinks to, and details of, third party websites.
8.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
9. Personal data of children
9.1 Our website and services are targeted at persons over the age of 16.
9.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
10. Updating information
10.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
11. About cookies
11.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
11.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
11.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
12. Cookies that we use
13. Cookies used by our service providers
14. Managing cookies
14.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
14.2 Blocking all cookies will have a negative impact upon the usability of many websites.
14.3 If you block cookies, you will not be able to use all the features on our website.
15. Cookie preferences
15.2 Please note that if you block cookies, you may not be able to use all of the features on our website. This may also “break” certain elements of our website and prevent them from functioning correctly for you only.
16. Our details
16.1 This website is owned and operated by Blue Sea Industrial Products Ltd.
principal place of business is at Whitecraigs House, Whitecraigs Place, Glasgow, G23 5LU, United Kingdom.
16.3 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
17. Representative within the European Union
17.1 You can contact our Representative within the European Union with respect to our obligations under data protection law using any of the contact methods listed in section 16.3.
18. Data protection officer
18.1 You can contact our Data Protection Officer with respect to our obligations under data protection law using any of the contact methods listed in section 16.3.
Terms & Conditions
In these Conditions the following words shall have the following meanings.
"Acknowledgement" means a written acknowledgement confirming that we are able to process Your Order.
"Buyer" means the purchaser of the Goods and/or Services referred to in these Conditions as "You" or "Your".
"Conditions" means the standard terms and conditions of sale set out in this document.
"Contract" means a legally binding contract made in accordance with Clause 3 of these Conditions.
"Goods" means the goods described in the Order.
"Order" means an order placed by You for the purchase of Goods and/or Services.
"Party" means a party to the Contract.
"Price" means the price of the Goods and/or Services in any Order accepted by Us in accordance with Clause 3.3.
"Seller" means referred to in these Conditions as "We", "Our" or "Us".
"Services" means the services described in the Order.
"Site" means Our website found at http://www.blueseaind.co.uk
"Working Day" means any day (other than a Saturday and Sunday) on which the London clearing banks are open for business.
1.1 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 Where the context dictates in these Conditions, the singular shall include the plural and vice versa and any gender includes the other gender.
1.4 Any reference to a Clause shall mean a clause of these Conditions.
1.5 Any reference to bank holidays includes any regional holidays within either the area from which supply or delivery is being made.
2 REGISTRATION AND ACCEPTANCE OF OUR CONDITIONS
2.2 If You register with Us via our Site, You will be deemed to accept these Conditions and You may copy these Conditions and store them for Your future reference. Please read the provisions set out below carefully before submitting an Order.
2.3 When You register You may create a customer I.D. We will issue You with a password and confirm the customer I.D. that You have selected, or if You choose a customer I.D. that is in use or inappropriate, You will be asked to choose another customer ID. You must at all times keep your password and customer I.D. confidential.
2.4 To maintain the security of Your customer account, at the point of registration you must provide us with the name and contact details (business telephone number, business address and business email address) for a main point of contact within Your organisation with whom We can make contact to discuss the account. In the event that You wish to add any additional new users to Your account, the details of such new users must be submitted to Us via the registered business email address of Your registered main point of contact to allow Us to validate the authenticity of any new users. Once We have received a valid request for the addition of a new user submitted in accordance with this Clause, We shall use reasonable endeavours to activate such new user on Your account within  Working Days of receipt and provide them with access details.
2.5 In the event that a registered user is to leave the employment of Your organisation or You no longer wish such user to have access to Your account, then You should provide us with at least 72 hours’ prior written notice of the user whose access you wish to delete, submitted from the business email address of the registered main point of contact. If this is not possible, then You should provide Us with such notice as soon as reasonably practicable. Upon receipt of such notification, We shall delete that user’s access details to Your account within a reasonable time thereafter. If the notification is sent on any day other than a Working Day, then the notification shall not be deemed to be received by Us until the next Working Day.
2.6 You must notify Us immediately of any unauthorised use of Your customer account, I.D. or password, or of any breach of security known to You. We can require You to change Your customer ID and/or password for security reasons. If You wish to change Your customer ID and/or password You may contact Us and do so.
2.7 You agree that You are responsible for all activities which occur under Your customer I.D. and password and that You are responsible for any activities undertaken on Your account by any users which You authorise access for, save where such activities occur as a direct result of Our negligence.
3 PLACING AN ORDER AND CANCELLATION
3.1 The goods displayed on the Site, in Our catalogues,
advertisements and other materials and information about the goods, the
services and the prices on the Site or elsewhere are an invitation for
You to offer to buy and are not an offer by Us to sell which is
capable of acceptance by you.
3.2 You may place an Order with Us by contacting Us by telephone, completing an order form and posting or faxing it back to Us or when you click the "Complete Order" button after completing Our on-line order form. Each Order will constitute an offer by You to purchase the Goods and/or Services subject to these Conditions.
3.3 Each of Your Orders shall be deemed accepted by Us if We issue an Acknowledgement to You, deliver Goods to You or commence performance of any Services or We do not contact You within three days of receiving Your Order to advise You that We are unable to accept it (whichever of the foregoing happens first). Acceptance in accordance with this Clause will create a binding Contract, subject to these Conditions. Please note that We will only issue an Acknowledgement where You have requested that We do so or where. We agree to supply Goods that are tailored to Your specifications.
3.4 Acceptance of Your Order is not a guarantee by Us of the availability of the Goods and all acceptances and/or acknowledgements are conditional on availability of the Goods and the availability of resources to perform the Services.
3.5 If You are an individual purchasing as a consumer (as defined by the Distance Selling Regulations 2000) You must be over eighteen (18) years of age and have completed Our registration process before You can purchase Goods and/or Services from us.
3.6 Without prejudice to Our general right to refuse to accept any Order, We specifically reserve the right to refuse to accept any of Your Orders if We believe for any reason that in supplying any Goods to You We would be committing an offence under any law. We reserve the right to use any legal method to verify Your age (or the age of any person placing the Order on Your behalf if You are not a natural person) and to request additional information from You for that purpose. If We are unable to verify Your age where We are required to by law We will cancel Your Order. We reserve the right to require that any Goods are signed for by an adult aged eighteen (18) years of age or over on delivery. You consent (or if You are not a natural person, the person placing the Order on Your behalf consents) to Us obtaining, storing, using and sharing with third parties personal information provided or obtained for the purpose of age verification.
3.7 If the Goods which You have ordered are not available or We are unable to perform the Services you have requested, We shall inform You of this as soon as possible but in any event within thirty (30) days from when You placed Your Order.
3.8 If You receive confirmation of an Order which You did not place, or if the details in the Acknowledgement do not match the Order which You placed or intended to place, You must contact Our customer services department to cancel the Order or correct the details prior to delivery of the Order.
3.9 These Conditions are the only conditions upon which We are prepared to deal with You and shall apply to the exclusion of all others (except those which by law, We cannot exclude). Any standard form documents You issue to Us which purport to apply any standard terms and conditions of Yours are accepted by Us for convenience only and shall not affect the application of this Clause (regardless of when or how those documents are sent to us).
3.10 If You place an Order for Goods for which We are required to tailor the Goods to Your specifications, or the quantity of Goods is such that We are required to place a specific order with Our suppliers, We will ask for payment of the Price in full in advance.
3.11 Orders received by Us on a day other than a Working Day are deemed to have been received by us on the following Working Day.
4 BASIS OF SALE
4.1 These Conditions shall apply to the Contract to the exclusion of
any other terms and conditions on which any quotation has been given
to You, or upon which the Order may be placed by you.
4.2 Subject to Clause 5.1 of these Conditions, no variation of the Contract shall be binding unless agreed in writing by one of Our authorised representatives and/or confirmed by Us in the Acknowledgement.
4.3 Our employees and agents are not authorised to make any representations concerning the Goods and/or Services unless confirmed by Us in writing. In entering into the Contract You acknowledge that You do not rely on any such representations which are not confirmed by Us in writing.
4.4 All illustrations, dimensions, weights and capacities listed on the Site, or in any catalogue, price list or other advertisement are intended merely to present a general idea of the Goods described and shall not form part of the Contract. The Goods described on the Site, although often a standard design, are subject to Our policy of continuous improvement and We reserve the right to incorporate changes or to make substitutions.
4.5 Any typographical, clerical or other error or omission on the Site or in any sales literature, quotation, price list, Acknowledgement, invoice or other document or information issued by Us shall be subject to correction without any liability on Our part.
4.6 We will retain a copy of Your Order and any Acknowledgement for the period of one year from the date Your Order was placed with Us and You may have access to either or both on reasonable notice by contacting Us.
5 VARIATION OF GOODS
5.1 We reserve the right in Our absolute discretion to make any changes to the Goods and/or Services which do not in Our opinion materially affect the quality of the Goods and/or the Services.
6 PRICE AND PAYMENT
6.1 The Price displayed is in pounds sterling (unless otherwise
stated) and is exclusive of VAT and all other applicable taxes of any
country, including but without limitation import taxes, but is
inclusive of delivery charges for mainland England, Wales, Scotland and
Northern Ireland (unless otherwise stated). You must notify Us if You
require Us to deliver outside of mainland England, Wales, Scotland and
Northern Ireland and We will inform You whether We can deliver the
Goods and/or provide the Services and confirm the cost.
6.2 Payment must be made in pounds sterling and can be made by using any major UK credit card, debit card or corporate purchasing card shown on the Site or on an account basis. Accounts are opened solely at Our discretion and all sums are due strictly within 30 days from the date of the invoice.
6.3 Payment by any UK credit card, or debit card or corporate purchasing card is subject to authorisation by the credit card issuer. If such authorisation is refused to Us, We will not be liable for any delay or non-delivery of the Goods and/or Services and the Order will be deemed to be cancelled.
6.4 We will take all reasonable care to keep Your Order and payment details secure, but We will not be held liable for any loss You might suffer if a third party obtains unauthorised access to any data You have submitted to the Site unless such loss has been caused by Our negligence.
6.5 If payment is made by UK credit card or debit card, the card will be debited when the Order is placed. If payment is made by corporate purchasing card, the purchasing card shall be debited when We raise the invoice.
6.6 Orders placed through the Site will not be subject to any administration handling charge. Any Order which is under £50 and which is not placed through the Site will be subject to an administrative handling charge.
6.7 Any prices published by Us by any means are subject to change by Us at any time without notice.
6.8 If You fail to pay Us any sum due pursuant to the Contract, You will be liable to pay interest to Us on such sum from the due date for payment at an annual rate of four percent (4%) above the base lending rate of Clydesdale Bank plc from time to time accruing on a daily basis until payment is made in full (whether before or after any judgement).
6.9 Without prejudice to Clause 6.8, if You fail or We reasonably believe that You will fail to pay for the Goods and/or the Services when due We may demand payment of all sums due and suspend any future performance of the Contract until all overdue sums have been paid.
6.10 In the event that You make any overpayment to Us, We will advise You of this within a reasonable period of time and repay any such overpayment to You at Your request. In the event that You fail to request repayment within 4 (four) years of the date upon which We originally advised You of Your overpayment, We shall be entitled to retain such overpayment. Please note that You will not be entitled to receive any interest in respect of the time that any overpayment is held by Us.
7 RISK AND TITLE
7.1 Risk of damage to or loss of the Goods shall pass to You: in the
case of Goods to be collected from Our premises, at the time when We
notify You that the Goods are available for collection; or in the case
of Goods to be delivered to Your premises by Us, when We deliver such
Goods to Your premises (or, where You fail to take delivery, on the
second due date for delivery in accordance with either Clause 9.6 or
10.2 (whichever is applicable)); or at the time of posting, if You
request the Goods to be posted by Us to You; or at the time of Us
handing the Goods to a third party if You arrange for the Goods to be
collected by a third party carrier.
7.2 Subject to the provisions of Clause 7.4, the property in the Goods shall not pass to You until We have received in cash or cleared funds payment in full of the Price and all other sums due to Us from You. Until such time as property in the Goods passes to You, You shall hold the Goods as Our fiduciary agent and bailee, and shall keep the Goods properly stored, protected, fully insured and identified as Our property on the insurance policy, a copy of which You shall supply to Us following a request by Us to see it.
7.3 If You are in business You may offer for sale and sell the Goods, provided you do so only at the best obtainable price in the ordinary course of your business as principal and not as Our agent. We shall, by reason of the relationship of bailment between You (as bailee) and Us (as bailor) be and remain legally and beneficially entitled to the proceeds of sale of the Goods and You shall pay such proceeds of sale into a separate account or, otherwise, shall ensure that all of the proceeds of the sale are kept by or on behalf of You in a separate and identifiable form. The proceeds shall not be paid into an overdrawn bank account. Upon receipt of the proceeds of sale, You shall discharge Your debt to Us and shall not use or deal with the proceeds of sale in any way whatsoever until such debt has been discharged. If You are not in business You shall not be entitled to sell, pledge or in any way charge by way of security for any indebtedness any of the Goods, which remain Our property.
7.4 If You pay the Price to Us in full prior to the Goods being manufactured by Us or ordered by Us, risk in the Goods shall pass pursuant to Clause 7.1 and property in the Goods shall be deemed to pass at the same time.
7.5 Until such time as property in the Goods passes to You, We shall be entitled at any time to require You to return the Goods to Us and, if You fail to do so promptly, to enter upon any of Your premises or any premises of a third party where the Goods are stored and repossess the Goods.
7.6 The manner of packing and transportation of the Goods shall be at our discretion with no extra charge to You unless We specify otherwise. No liability shall be accepted for failure to pack to any particular standard, or against any particular risk unless the requirement for such packing is specifically brought to Our attention, accepted in writing by Us and paid for by You.
7.7 Before signing for the Goods upon delivery the Goods and packaging must be checked carefully. If the packaging is damaged, or the Goods appear to be damaged, or any parts missing, You must inform Us immediately having made an appropriate note on the carrier's delivery documentation.7.8 Subject to the provisions of Clause 11, if You do not notify Us immediately of such damaged packaging, or parts missing, You may lose the right to reject the Goods.
8 General delivery conditions
8.1 Delivery of the Goods shall be made to the address on mainland
England, Scotland, Wales or Northern Ireland that You provide in the
Order, or such other address that We may agree in writing.
8.2 We reserve the right to deliver and invoice the Goods and/or provide the Services in instalments and in such event each instalment shall be treated as a separate Contract and delivery of further instalments may be withheld until the Goods and/or Services comprised in earlier instalments have been paid for in full.
8.3 Goods will be delivered at the point on Your premises most convenient for Our carrier. Further transfer or installation within Your premises, regardless of the size and weight of the Goods, will be charged extra. You must notify Us of any obstacles on Your premises, (including but without limitation, narrow driveways, rough terrain and unauthorised access) which may preclude Us from delivering the Goods and/or providing the Services and if such circumstances apply We reserve the right to charge an additional fee prior to such delivery of the Goods and/or commencement of the Services.
9 Conditions applicable where free next working day delivery is available
9.1 Goods will be delivered on the Working Day following Your Order
at no extra charge where: Your order is placed before the prevailing
cut-off time on a working day; The Goods specified in Your Order are
held in current stock at the time of the Order and have not already
been applied, set aside or otherwise intended for use as part or all of
another order; The delivery address is within the UK mainland
(excluding for the avoidance of Northern Ireland; the Scottish
Highlands and other islands and the Channel Islands); Your Order does
not require Us to tailor any item to Your requirements; It is not
specified in Our catalogue that next day delivery or free next day
delivery is not available on an item included within Your Order; Where
Your Order is not placed:) between 20 December and 3 January;b) on any
bank holiday; and/orc) for delivery on any bank holiday.
9.2 Delivery may be possible on the day following Your Order outside of the conditions specified in 9.1 above at extra cost. If You require this please contact us directly and we will inform You if such delivery will be possible and if delivery is possible the delivery costs.
9.3 We do not guarantee next Working Day delivery of products within the estimated transit time or by the estimated delivery date.
9.4 If your Order contains other items that are not eligible for next Working Day delivery, we will automatically split your order. We will dispatch the items eligible for next Working Day delivery and dispatch ineligible items as soon as they become available, subject to the appropriate delivery cost.
9.5 Next Working Day delivery does not apply in the event of service interruptions or failures caused by events beyond Our control.
9.6 If we agree to deliver Goods to You on a next Working Day delivery basis and You fail for any reason to take delivery of the Goods on the due date, an attempt at re-delivery will take place at Your cost on an alternative Working Day at Our convenience unless You notify Us in writing whereupon We will seek to agree to re-deliver on a mutually convenient Working Day. If no such date can be agreed, We will attempt to re-deliver on a Working Day convenient to Us. If You fail to take delivery of the Goods on the re-arranged delivery date: Delivery will be deemed to have taken place on the second due date for delivery; Risk in the Goods will pass to You on the second due date for delivery; We may (without prejudice to any of our other rights) dispose of the Goods at the best price reasonably obtainable or arrange for their storage at our premises or elsewhere; and You will indemnify Us in respect of any shortfall between the Price and the price actually obtained for the Goods if sold and any loss or expense incurred by Us including storage and insurance charges arising from Your failure to take delivery on the first due date.
10 Conditions applicable where delivery is other than next working day
10.1 We will deliver the Goods and/or commence the Services on a
Working Day convenient to Us unless You give Us specific instructions
in which case We will arrange a due date for delivery of the Goods
and/or commencement of the Services with You. If we agree to deliver
Goods to You and You fail for any reason to take delivery of the Goods
on the due date, an attempt at re-delivery will take place at Your cost
on an alternative Working Day at Our convenience unless You notify Us
in writing whereupon We will seek to agree to re-deliver on a mutually
convenient Working Day. If no such date can be agreed, We will attempt
to re-deliver on a Working Day convenient to Us. If You fail to take
delivery of the Goods on the re-arranged delivery date: Delivery will
be deemed to have taken place on the second due date for delivery; Risk
in the Goods will pass to You on the second due date for delivery; We
may (without prejudice to any of our other rights) dispose of the Goods
at the best price reasonably obtainable or arrange for their storage
at our premises or elsewhere; and You will indemnify Us in respect of
any shortfall between the Price and the price actually obtained for the
Goods if sold and any loss or expense incurred by Us including storage
and insurance charges arising from Your failure to take delivery on
the first due date.
10.2 We will endeavour to deliver the Goods to You and/or commence the Services within thirty (30) days of You placing the Order with Us but You acknowledge that it may not always be possible to deliver the Goods and/or commence the Services within this timeframe and You agree that delivery of the Goods and/or commencement of the Services may take longer. Any dates or times for delivery of the Goods and/or commencement of the Services quoted by Us are estimates only. We shall not be liable if the Goods are not delivered and/or the Services are not commenced within such thirty (30) day period or for any failure to meet any estimated delivery date or for any costs, charges or expenses incurred as a result of any delay. You will not be entitled to refuse to accept any Goods or the provision of any Services or to cancel the Contract with Us merely because of such failure.CANCELLATION, RETURNS & GUARANTEE
10.3 If you have ordered goods as a consumer (as defined by the Distance Selling Regulations 2000), you may cancel the order in writing at any time within seven (7) days of receiving the goods without any liability to us, except any direct cost incurred by us in relation to the goods being returned and we will refund to you any part of the price of the goods that we have received, provided that the goods have not been specifically tailored to your specifications, or personalised, or the goods by their very nature cannot be returned or are liable to deteriorate, and provided that You return the Goods to Us.
10.4 We are also happy to offer You a "no quibble" guarantee, in accordance with the following provisions of this Clause 11, regardless of whether You purchase from Us in Your capacity as a business or a consumer. If You purchase Goods from Us in Your capacity as a consumer, Our "no quibble" guarantee does not affect Your rights pursuant to the Distance Selling Regulations 2000.
10.5 If for any reason You decide You do not want to keep any Goods We have delivered to You, We will offer You a refund of the Price paid by You, or provide You with a credit note to the value of the Goods to be returned or replace those goods free of charge subject to the following conditions: You must inform Us in writing that You want to return the Goods, and obtain an authorisation code for the same by calling 0800 within 14 days of the date of delivery of those Goods; Promptly after receiving the authorisation code, You must send those Goods to Us at Your own cost and risk; The Goods must not be damaged in any way; The packaging must not be damaged (save for reasonable wear and tear); and The Goods must not have been personalised by Us at Your request or otherwise made in accordance with a specification unique to You.
10.6 We reserve the right to charge You the full Price (to the extent that We have not already done so) or any portion thereof, in Our absolute discretion, for any Goods that You may return to Us where the provisions of Clause 11.3 above are not satisfied. We reserve the right to levy a handling charge associated with the return of any such Goods.
10.7 Your statutory rights are not affected by anything in this Clause.
11 WARRANTIES AND LIABILITY
11.1 Subject to the provisions of Clause 12.3, We warrant in respect
of all Goods ordered after 1 September 2002, that for a period of one
(1) year from the date of delivery of the Goods We will, at Our sole
discretion, repair or replace any defective Goods (or the part in
question) where the defect in question arises from defective
workmanship within a reasonable period of time or refund to You the
Price (or a proportionate part of the Price).
11.2 If You discover a fault with the Goods and wish to make a claim on the warranty detailed in Clause 12.1, You shall issue a written notice to Us containing the following details: Your name and address; The name and catalogue number of the defective Goods; The date of delivery; and The defect complained of.
11.3 The warranty set out in Clause 12.1 will not apply and We will not be liable for any defective Goods where and to the extent that: The defect arises as a result of the condition of Your premises; The defect arises as a result of Your negligence or (if You are in business) the negligence of Your employees, agents or subcontractors; The defect arises as a result of fair wear and tear, accident, misuse, wilful damage, or abnormal working Conditions; The defect arises as a result of any defective materials or equipment used in conjunction with the Goods that are not supplied by Us; You make any further use of the Goods or attempt to repair it or have it repaired by someone other than Us after giving written notice of the defect to Us; The defect arises because You have failed to follow Our instructions (whether oral or in writing) as to the storage, assembly, installation, commissioning, use, or maintenance of the Goods; You fail to notify Us in writing of the defect in accordance with Clause 12.2 of these Conditions;
11.4 Where Goods are not manufactured by Us, You may be covered by a manufacturer's warranty attaching to the Goods in question. Wh