1.1 Your order constitutes an offer by you to purchase Goods in accordance with these terms and conditions (Conditions). Your order may be placed through our website (silmid.com) or by telephone, email, post or fax or inaccordance with clause 1.2 below. Where you are a consumer, you must confirm any telephone order by email.
1.2 Where we have agreed to enter into a vendor-managed inventory arrangement with you, an order will be deemed to be placed by you when our personnel or systems determine that additional replenishment stock is required in accordance with agreed minimum and maximum quantities. Where we have agreed to enter into a consignment stock arrangement with you, an order will be deemed to be placed when our personnel or systems determine that you have withdrawn the relevant stock from our agreed storage location at your premises.
1.3 Please ensure that you read these Conditions carefully and check that the details of any order and these Conditions are complete and accurate before you submit your order.
1.4 Your order shall only be deemed to be accepted when we issue a written acknowledgement of the order (Order Acknowledgement) at which point and on which date a formal and binding contract between you and us (being Sil-MidLimited registered in England and Wales with Company Number 01460851) shall come into existence in accordance with these Conditions (Contract). For the avoidance of doubt, we shall not be required to accept orders which you place and any acceptance shall be at our sole discretion.
1.5 Where you are a consumer, you agree that it is a condition of the Contract that you are no less than 18 years of age.
1.6 These Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.7 Any quotation given by us shall not constitute an offer, and is only valid for a period of 60 days from its date of issue.
The following clauses 1.8 and 1.9 only apply if you are a business customer
1.8 The Contract constitutes the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the Contract.
1.9 Any samples, drawings, descriptive matter or advertising issued by us and any descriptions of the Goods or illustrations contained in any documents forwarded to you or published on our website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force except where expressly provided in these Conditions or expressly incorporated in our Order Acknowledgement.
2. Delivery of Goods
2.1 We shall deliver the Goods to the address set out in the Contract (or as otherwise agreed by us) (Delivery Location). Where you are a business customer we shall deliver the Goods FCA (Incoterms 2010) unless agreed otherwise.
2.2 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
2.3 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by an Event Beyond Our Control (as defined below) or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
2.4 If you fail to accept or take delivery of the Goods within 7 days of us notifying you that the Goods are ready, then except where such failure or delay is caused by you suffering an event similar to an Event Beyond Our Control or by our failure to comply with our obligations under the Contract in respect of the Goods:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am 7 days following the day on which we notified you that the Goods were ready; and
(b) we shall store the Goods until delivery takes place, and charge you for all related costs and expenses (including insurance).
2.5 Where you are a business customer and we are required to re-deliver Goods we shall be entitled to charge you any additional delivery and administration charges we incur.
2.6 If 14 days after we notified you that the Goods were ready for delivery you have not accepted or taken delivery of them, we may resell or otherwise dispose of (or destroy, in the case of expired Goods) part or all of the Goods andmay charge you for any shortfall below the price of the Goods in addition to any other losses we suffer.
2.7 You shall not be entitled to reject the Goods if we deliver up to and including 5 per cent more or less than the quantity of Goods ordered, but a pro-rata adjustment shall be made to the relevant invoice on receipt of notice from you that the wrong quantity of Goods was delivered provided that where we deliver less than the quantity of Goods ordered you inform us of such discrepancy within 48 hours of delivery (if you are a business customer) or within a reasonable period after delivery (if you are a consumer). Any discrepancy in the number of packages delivered must be notified to us immediately after delivery. Discrepancies can be notified to us using our online discrepancy form on our website (or by completing the discrepancy form on the back of your delivery note and faxing/emailing it back to us on 01675 432870 or email@example.com).
2.8 We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
The following clause 2.9 only applies where you are a business customer
2.9 If we fail to deliver the Goods our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by an Event Beyond Our Control, your failure to provide us with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
3. Quality of Goods
3.1 You shall be entitled to the benefit of any guarantee or warranty provided from the manufacturer of the relevant Goods to the extent we can enforce or assign such guarantee or warranty. Where you are a business customer and you believe any Goods to be defective, please follow the processes set out at clause 9 below
3.2 Where you are a consumer and we sell Goods to you that do not comply with the requirements of the Consumer Rights Act 2015, you may have additional rights of refund or replacement in accordance with the time limits and provisions of that Act. If any of the Goods are defective please contact us to arrange their return. We will be able to provide a more efficient returns service to you if you follow the processes set out at clause 9 but you do not have to.
4. Title and risk
4.1 The risk in the Goods shall pass to you on completion of delivery.
4.2 Title to the Goods shall not pass to you until the earlier of:
(a) us receiving payment from you in full (in cash or clear funds) for: -
(i) the Goods; and
(ii) any other goods that we have supplied to you in respect of which payment has become due,
(b) you reselling or using the Goods, in which case title to the Goods shall pass to you at the time specified in clause 4.4.
4.3 Until title to the Goods has passed to you, you shall:
(a) store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on our behalf from the date of delivery;
(d) notify us immediately if you become subject to any of the events listed in clause 7.1(b) to clause 7.1(e); and
(e) give us such information relating to the Goods as we may require from time to time.
4.4 Subject to clause 4.5, you may resell or use the Goods in the ordinary course of your business (but not otherwise) before we receive payment for the Goods. However, if you resell the Goods before that time:
(a) you do so as principal and not as our agent; and
(b) title to the Goods shall pass from us to you immediately before the time at which resale or use by you occurs.
4.5 If before title to the Goods passes to you, you become subject to any of the events listed in clause 7.1(b) to clause 7.1(e), then, without limiting any other right or remedy we may have:
(a) your right to resell the Goods or use them in the ordinary course of your business ceases immediately; and
(b) we may at any time:
(i) require you to deliver up all Goods in your possession which have not been resold, or irrevocably incorporated into another product; and
(ii) if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
5. Charges and payment
5.1 The price for the Goods shall be the price set out in the Contract. The costs and charges of transport, packaging and insurance shall be as set out in the Contract or as otherwise notified to you at or before the time of your order.
5.2 We reserve the right to increase the price of the Goods, by giving notice to you at any time before delivery, to reflect any increase in the cost of the Goods to us that is due to:
(a) a manifestly incorrect price being displayed on our website or in any catalogue or quotation;
(b) any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(c) any request by you to change the delivery date(s), quantities or types of Goods ordered; or
(d) any delay caused by any of your instructions in respect of the Goods or your failure to give us adequate or accurate information or instructions in respect of the Goods.
5.3 Where you are a consumer only and we increase the price of the Goods pursuant to clause 5.2 then you shall be entitled to terminate the relevant Contract within 7 days of us notifying you of such price increase. We shall be entitled to invoice you on or at any time after receipt of your order (or deemed order in the case of vendor-managed inventory or consignment stock arrangements).
5.4 Where at our sole discretion we agree to give you credit terms (which we shall be entitled to revoke at any time), you shall pay each invoice submitted by us:
(a) within 30 days of the date of the invoice; and
(b) in full and in cleared funds to a bank account nominated in writing by us, and time for payment shall be of the essence of the Contract.
5.5 Where you are a business customer only, all amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by us to you, you shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Goods at the same time as payment is due for the supply of the Goods.
5.6 If you fail to make any payment due to us under the Contract by the due date for payment, then you shall pay interest on the overdue amount at the rate of 4% per annum above National Westminster Bank plc’s base rate from time to time (or where you are a business customer, at such higher rate as prescribed by the Late Payment of Commercial Debts (Interest) Act 1998) together with an administration fee of £50 per overdue invoice. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
5.7 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
5.8 You warrant that any credit or debit card you use to make a purchase from us is your own card or your business’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Goods you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any Goods.
6. Limitation of liability
6.1 Nothing in these Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
6.2 This clause 6 shall survive termination of the Contract.
The following clause 6.3 only applies if you are a consumer
6.3 If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
The following clauses 6.4 and 6.5 only apply if you are a business customer
6.4 Subject to clause 6.1:
(a) we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid under the Contract.
6.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
7.1 Without limiting our other rights or remedies we may terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of your obligations under this Contract and (if such breach is remediable) fail to remedy that breach within 7 days after receipt of notice in writing to do so;
(b) you are (or are deemed to be or we reasonably believe you are about to become) insolvent, bankrupt or suffer an event analogous thereto or are otherwise unable to pay your debts;
(c) you suspend or threaten to suspend, or cease or threaten to cease to carry on, all or a substantial part of your business;
(d) where you are a business, a change of control occurs in relation to you (within the meaning of section 1124 of the Corporation Tax Act 2010); or
(e) your financial position deteriorates to such an extent that in our opinion your capability adequately to fulfil your obligations under the Contract has been placed in jeopardy.
7.2 Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to you if you fail to pay any amount due under this Contract on the due date for payment.
7.3 Without limiting our other rights or remedies, we may suspend all further deliveries of Goods under the Contract or any other contract between you and us if you fail to pay any amount due under this Contract on the due date for payment, you become subject to any of the events listed in clause 7.1(b) to clause 7.1(e), or we reasonably believe that you are about to become subject to any of them.
7.4 On termination of the Contract for any reason:
(a) you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has yet been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
(b) you shall return any property belonging to us (including but not limited to any stock held at your premises on a consignment basis). If you fail to do so, then we may enter your premises and take possession of it. Until our property has been returned, you shall be solely responsible for its safe keeping and will not use it for any purpose not connected with this Contract;
(c) the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(d) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
7.5 Where you are a business customer and you terminate the Contract without our prior written consent and for any reason other than for our breach of the Contract then you shall indemnify us in full against all loss (including but not limited to any direct, indirect or consequential losses and loss of profit), costs and expenses incurred by us as a result of the termination.
8. Consumer’s rights to cancel (i.e. Terminate) and applicable refund
This clause 8 only applies if you are a consumer
8.1 Where we agree at our sole discretion to allow you to terminate a Contract for Goods or where you choose to terminate because we are affected by an Event Outside Our Control or we increase the price of the Goods in accordance with clause 5.3, we will refund to you any payment made in advance for Goods that have not been delivered to you (including any applicable delivery charges).
8.2 Where the Contract is a distance contract or an off-premises contract (in both cases, as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) you may have additional rights to cancel the Contract. Please see Schedule 1 for full details of those rights and how you may exercise them.
9. Return of goods by business customers
This clause 9 only applies if you are a business customer
9.1 If you believe any Goods to be defective, please complete our online discrepancy form on our website (or complete the discrepancy form on the back of your delivery note and fax/email it back to us on 01675 432870 or firstname.lastname@example.org) within 14 days of delivery. Provided we are able to enforce a warranty or guarantee from the relevant manufacturer, we shall provide you with a Return Materials Authorisation (“RMA”) number. Returned goods will not be accepted without an RMA Number. Do not write directly on the manufacturer’s packaging. Please write the RMA number on an address label and attach it to the returned package. Any defacement of the manufacturer’s packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at our sole discretion.
9.2We cannot accept liability for packages damaged during transit. It is your responsibility to pack the Goods adequately to prevent damage.
9.3 Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the Goods for their full value.
9.4On receipt of the returned Goods, we will inspect them to identify the defect you have notified to us. If following our inspection, the Goods are found to be in good order without defect, we will return them to you and you shall reimburse our delivery charges in doing so. Unless the defect would not be immediately apparent, we will not accept the return of any defective Goods not notified to us within 14 days of delivery.
9.5 We may (exceptionally and at our sole discretion) agree to accept the return of unwanted Goods. You must first obtain an RMA number from us and any such Goods must be returned within 14 days of delivery in perfect re-saleable condition. We shall be entitled to apply a handling fee of 15% of the price of the Goods or £20 (whichever is the greater) and provide any refund in the form of a credit note. Any refund shall not include the original delivery charges.
10. Events Beyond our Control
10.1 For the purposes of this Contract, an Event Beyond Our Control means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of third party suppliers or subcontractors.
10.2 We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of an Event Beyond Our Control.
10.3 If you are a consumer you may terminate the Contract if an Event Outside Our Control takes place and you no longer wish us to provide the Goods.
10.4 If the Event Beyond Our Control prevents us from providing any of the Goods for more than 4 weeks, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
11.1 For training and quality purposes we may record or monitor all inbound and outbound telephone calls and electronic traffic.
11.2 Assignment and other dealings:
(a) We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.
(b) You shall not, without our prior written consent, assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of your rights or obligations under the Contract.
(a) Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax or by e-mail to email@example.com.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.3(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one business day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
11.4 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
11.5 A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
11.6 Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
11.7 A person who is not a party to the Contract shall not have any rights to enforce its terms.
11.8 Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by us.
11.9 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and subject to clause 11.10 the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
11.10 LCIA Arbitration: Where you are a business customer, at our option any disputes arising out of or in connection with the Contract, including any question regarding its existence, validity or termination shall be referred to and finally resolved by arbitration under LCIA Rules, which rules are deemed to be incorporated by reference to this clause. The number of arbitrators shall be one. The seat or legal place of arbitration shall be London and the language of arbitral proceedings shall be English
Schedule 1 – Distance and Off-premises Contracts (Cancellation Rights)
1. This Schedule 1 applies only where you are a consumer and the Contract is a distance contract or an off-premises contract (in both cases, as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) (Consumer Contracts Regulations).
2. In general terms, the Contract will be a distance contract where it is concluded using an organised distance-selling method such as telephone, mail order or a website and it will be an off-premises contract where it is concluded away from our usual business premises. However this list is not exhaustive and these general descriptions will not always apply – the definitions in the Consumer Contracts Regulations will always apply in preference to the general descriptions given in this paragraph.
3. You have the right to cancel the Contract within 14 days without giving any reason.
4. The cancellation period will expire after 14 days from the day on which you acquire, or a third party indicated by you (other than the carrier) acquires, physical possession of the relevant Goods.
5. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post, fax or e-mail to firstname.lastname@example.org) You may use the model cancellation form attached at Schedule 2, but you do not have to. Our contact details are set out on the Order Acknowledgement.
6. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7. Where you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described
EFFECTS OF CANCELLATION
8. If you cancel the Contract, we will reimburse to you all payments received from you, including the cost of delivery of any Goods (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
9.We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Goods resulting from the handling other than that which is necessary to establish the nature, characteristics and functioning of the Goods. If you break the seal on any sealed Goods or, in the case of tinned Goods, you open the tin, then we may make a deduction of 100% of the price of the Goods.
10.We will make the reimbursement without undue delay, and not later than: –
(a) 14 days after the day we receive back from you any Goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods.
11. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
12. Unless we have agreed to collect the Goods, you shall send them back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired.
13. Unless we agree otherwise, you will have to bear the direct cost of returning the Goods.
Sil-Mid Limited ("us", "we", or "our") operates the https://www.silmid.com (the "Service") and is the controller and responsible for your personal data.
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection and Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:
Full name and personal details including contact information (billing and shipping address, email, work and mobile numbers, business name and industry).
Payment preference: we use a third party (Secure Trading) to transact card payments; we do not store card details in any way.
Records of products and services you have had a quote or order for, and buying behaviours whether online or through our customer service team.
We will tell you if providing of some information is optional or mandatory. In other cases, you must provide this information in line with our Terms and Conditions of contract. If you do not supply certain information then we may not be able to process your orders.
We collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version and the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyse this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.
Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
The cookie domains currently used on silmid.com are:
Service Providers and sharing of personal data
We may employ selected third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.
These third parties may have access to your Personal Information. However such information shall only be used to perform these tasks on our behalf in accordance with our instructions and they are obligated not to disclose or use it for any other purpose. These third parties include (but are not limited to):
Companies who help us provide our products and services such as our ERP system and website
Legal and professional advisers including auditors
Fraud prevention bodies, credit agencies and other organisations that perform checks
Payment systems such as Secure Trading
Regulatory authorities such as LRQ
We may also share your Personal Information with government bodies such as HMRC and Courts in order to comply with legal obligations or for the purposes of our legitimate interests.
Compliance with Laws
We will disclose your Personal Information where required to do so by law or in accordance with an order of a court of competent jurisdiction, or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. As such we make no warranties as to the level of security afforded to your data, except that we will always act in accordance with the relevant UK and EU legislation.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the information, including Personal Information, to United Kingdom and process it there.
Whenever we transfer your personal data out of the UK/EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We may transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the UK/EEA and the US.
In the event that a dispute arises with regards to the international transfer of data, you agree that the courts of England and Wales shall have exclusive jurisdiction over the matter.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 13 ("Children").
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.
This Policy shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Using your personal data
We’ll process your personal data to perform our contract with you:
To enable us to fulfil requirements of the order or service
To contact you relating to any order that has been placed with us
To update our records
We will use the data as necessary for our own legitimate interests:
For managing and auditing purposes of our organisation
To monitor emails, calls and communications on your account for training purposes
For market research
To send marketing communications to keep you updated on products and/or services that will be of interest to you and your company. We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us
As necessary to comply with legal obligation:
When you make requests to access information
In compliance with legal and regulatory requirements
For activities relating to criminal investigations
To verify your identity, make credit, anti-money laundering checks and fraud prevention
Based on your consent:
To send marketing communications when we’ve asked for your consent to do so or when we are otherwise legally permitted to do so. You are able to unsubscribe or withdraw your consent at any time
To update you marketing preferences please click here.
Storage of data
Data is stored on our ERP system which only employees and certain service providers may have access to. If an order is placed with us, that data is stored indefinitely. We need to store data indefinitely because of the nature of our industry and the occasional requirement to carry out product safety recalls.
Credit reference checks
If you are eligible and choose to open an account with us, we may need to do a credit check. This will require some personal data to be supplied to a credit check agency to carry out this check. Any information obtained may be stored on our ERP system.
Your rights under Data protection law
Under certain circumstances you may have rights in relation to your personal data, as set out below. If you wish to exercise any of the rights set out below, please contact us using the contact details at the end of this privacy notice. We may not have to comply with your request but
we would explain why if we believe we are entitled to refuse.
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. Where our systems allow, we will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to information which is processed by automated means. We do not envisage that our current technology would allow us to respond to such a request.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
2 Roman Park