Privacy Policy

INTRODUCTION 

Welcome to the Outdoordesign’s privacy policy Outdoordesign respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. 

Outdoordesign is committed to ensuring that your privacy is protected. All your Personal Data shall be held and used in accordance with the EU General Data Protection Regulation 2016/679 (“GDPR”) and national laws implementing GDPR and any legislation that replaces it in whole or in part and any other legislation relating to the protection of personal data. We will only use the information that we collect about you lawfully and with your consent. We collect information about you to improve our business and to provide you with the best possible service. By using the service, you agree to the collection and use of information in accordance with this privacy policy. 

The type of information we collect about you may include your first and last name, company name, address (personal and business), telephone number (personal and business), email address (personal and business), cookies and usage data and company website details. We never share or sell our database with third parties. General email enquiries are dealt with as one-off requests and your details will not be stored. New newsletter subscriptions are added to Outdoordesign mailing list, the newsletter mailing list is sent by a third party who will not disclose your email address unless required to do so by law. 

We may use your personal data 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 at any time, by following the unsubscribe link at the bottom of the emails or by contacting us directly. Our service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. 

We may update this privacy policy from time to time to ensure it is always up to date and accurate. Any changes we may make to our privacy policy will be posted on this page, and we will communicate any significant changes to you. You can check the information that we hold about you by emailing us at info@outdoordesign.co.uk. If you find any inaccuracies we will delete or correct it promptly. The personal information we hold will be held securely in accordance with our internal security policy and the law. 

1. IMPORTANT INFORMATION AND WHO WE ARE 

PURPOSE OF THIS PRIVACY POLICY 

This privacy policy aims to give you information on how Outdoordesign collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or use our service. 

This website is not intended for children and we do not knowingly collect data relating to children. 

It is important that you read this privacy policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. 

CONTROLLER 

Outdoordesign is responsible for your personal data (collectively referred to as Outdoordesign, “we”, “us” or “our” in this privacy policy). If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us as set out below: 

James Booth
Managing Director
Outdoordesign
Unit 1, Block A
Ford Airfield Industrial Estate
Ford
West Sussex
BN18 0HY

info@outdoordesign.co.uk
01903 716960

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. 

THIRD-PARTY LINKS 

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit. 

2. THE DATA WE COLLECT ABOUT YOU 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows: 

  • Identity data includes (first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender). 

  • Contact data includes (billing address, delivery address, email address and telephone numbers). 

  • Financial data includes (bank account and payment card details). 

  • Transaction data includes (details about payments to and from you and other details of products and services you have purchased from us). 

  • Technical data includes (internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website). 

  • Profile data includes (your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses). 

  • Usage data includes (information about how you use our website, products and services). 

  • Marketing and Communications data includes (your preferences in receiving marketing from us and our third parties and your communication preferences). 

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data to be used in accordance with this privacy notice. 

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. 

IF YOU FAIL TO PROVIDE PERSONAL DATA 

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. 

3. HOW IS YOUR PERSONAL DATA COLLECTED? 

We use different methods to collect data from and about you including through: 

  • Direct interactions. You may give us your (identity, contact and financial data) by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: 

• apply for our products or services; 
• create an account; 
• subscribe to our service or publications; 
• request marketing to be sent to you; 
• enter a competition, promotion or 
• give us some feedback. 

  • Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, (server logs) and other similar technologies. 

  • Third parties or publicly available sources. We may receive personal data about you from various third parties (and public sources) such as analytics providers (such as Google); or advertising/publications. 

4. HOW WE USE YOUR PERSONAL DATA 

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: 

  • Where we need to perform the contract we are about to enter into or have entered into with you. 

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. 

  • Where we need to comply with a legal or regulatory obligation. Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us on 01903 716960 or via email at info@outdoordesign.co.uk 

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. 

Marketing 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products,services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased (goods or services) from us and, in each case, you have not opted out of receiving that marketing. 

Opting Out 

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of (a product/service purchase, warranty registration, product/service experience or other transactions). 

Cookies 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. Change of purpose We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 

5. DISCLOSURES OF YOUR PERSONAL DATA 

We may have to share your personal data with a third party for the purpose of email and web marketing on our behalf. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. 

6. INTERNATIONAL TRANSFERS 

We do not transfer your personal data outside the European Economic Area (EEA). 

7. DATA SECURITY 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. 

8. DATA RETENTION 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. 

9. YOUR LEGAL RIGHTS 

Under certain circumstances, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of the rights please contact us. 

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. 

10. GLOSSARY 

LAWFUL BASIS 

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to. 

THIRD PARTIES 

Internal third parties 

Other companies in the Booth Group (acting as joint controllers) and who are based in the UK and provide IT and system administration services and undertake leadership reporting. 

External third parties 

  • Service providers acting as processors based in the UK who provide IT and system administration services. 

  • Professional advisers including lawyers, bankers, auditors and insurers based in the UK. 

  • HM Revenue & Customs, regulators and other authorities. 

YOUR LEGAL RIGHTS 

You have the right to: 

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. 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 automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 

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. If you have any questions or comments about privacy, please contact us on 01903 716960. 

To unsubscribe email info@outdoordesign.co.uk and we will delete your details.

Cookie policy

Cookies are very small text files that are stored on your computer when you visit some websites. We use cookies to help identify your computer so we can tailor your user experience. You can disable any cookies already stored on your computer, but these may stop our website from functioning properly.

First party cookies (cookies from this website):
This website operates a responsible cookie use policy and does not require cookies to operate. This website does store a cookie for telling us how you have got to our site and what pages you have looked at. It does not collect any personal information.

Third party cookies (cookies from others):
This website only creates cookies for Google Analytics which are used to monitor site traffic and usage. This cookie is transmitted to the relevant organisation but does not contain any personal or user information. You can opt out of these cookies by disabling cookies in your browser.

Email policy

Everyone hates spam, so we ensure that we do not send our newsletters to you unless you have asked us to.

Our new newsletter sign up form is "double opt-in", this means that nobody can sign you up for our newsletter except you. We cannot accept newsletter subscriptions through any method other than through the Subscribe to Newsletter page on this site.

Every newsletter we send out features an unsubscribe link, clicking this link will remove you from our mailing list within 10 days, this will usually be done before our next newsletter is sent out.

Our newsletters are sent out by a third party, please click here to see their email permission policy.

If you suspect that you have received unsolicited mail from us, please notify our newsletter provider immediately at abuse@warrencreative.com. They will investigate every complaint and you will receive a response from them detailing the actions that are been taken to deal with the issue.

Terms & Conditions

1. Business customers and consumers

  • 1.1 Some of these terms apply to consumers only; some apply to business customers only. Those terms are marked as such.

  • 1.2 All other terms apply to all customers.

  • 1.3 You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business or if you use the goods in the course of your business.

  • 1.4 If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer which are not affected by these terms. Contact your local trading standards office for more information. Words in italic type are legal words which clarify, rather than alter, the meaning of the relevant clause.

    2. Price

  • 2.1 The price quoted excludes VAT (unless otherwise stated). Rates of tax and duties on the goods will be those applying at the time of delivery.

  • 2.2 Our quotations lapse after 30 days (unless otherwise stated).

  • 2.3 The price quoted excludes delivery (unless otherwise stated).

  • 2.4 Business customers: unless otherwise stated, the price quoted to business customers is an illustrative estimate only and the price charged will be our price current at the time of delivery.

  • 2.5 Business customers: at any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.

  • 3. Delivery

  • 3.1 Although we make all reasonable efforts to effect delivery in accordance with prearranged dates, such dates are estimates only and time shall not be of the essence.  

  • 3.2 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:  

  • 3.2.1 you may not cancel if we receive your notice after the goods have been dispatched; and

  • 3.2.2 If you cancel the contract, you can have no further claim against us under that contract.

  • 3.3 If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).

  • 3.4 If for any reason 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 adequate instructions, or if you do not collect the goods by the date we give for collection, we may:

  • 3.4.1 Treat the goods as having been delivered on that day (for the purposes of risk, inspection and payment); and

  • 3.4.2 charge you for the storage or redelivery of those goods.

  • 3.5 We may deliver the goods in installments. Each installment is treated as a separate contract.

  • 3.6 We may decline to deliver if:

  • 3.6.1 We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or

  • 3.6.2 The premises (or the access to them) are unsuitable for our vehicle.

  • 3.7 If you are collecting goods from us you are responsible for the size, weight and positioning of any load on your vehicle and must ensure that your vehicle is sufficiently equipped to enable safe loading.

    4. Risk

  • 4.1 The goods are at your risk from the time of delivery.

  • 4.2 Delivery takes place either:

  • 4.2.1 when the goods are loaded at our premises (if you are collecting them or arranging carriage); or

  • 4.2.2 when the goods are unloaded at your premises or address specified by you (if we are arranging carriage).

  • 4.3 You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within five days of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods. If you fail to notify us in accordance with these requirements, you will not be entitled to reject the goods and will be deemed to have accepted the goods in accordance with the contract.

    5. Payment terms

  • 5.1 You are to pay us in cash or in cleared funds on delivery, unless you have an approved credit account.

  • 5.2 Business customers: If you have an approved credit account, payment is due as agreed in writing.

  • 5.3 If you fail to pay us in full on the due date we may:

  • 5.3.1 suspend or cancel future deliveries;

  • 5.3.2 cancel any discount offered to you;

  • 5.3.3 charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998;

  • a. calculated (on a daily basis) from the date of our invoice until payment;

  • b. compounded on the first day of each month; and

  • c. before and after any judgment (unless a court orders otherwise);

  • 5.3.4 claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and

  • 5.3.5 recover (under clause 5.7) the cost of taking legal action to make you pay.

  • 5.4 If you have an approved credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may take any of these actions at any time and without notice.

  • 5.5 Business Customers: you do not have the right to set off any money you may claim from us against anything you may owe us.

  • 5.6 Consumers: you may only set off money you claim from us against money you owe us with our written agreement and on such terms as we may state.

  • 5.7 While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).

  • 5.8 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.

  • 5.9 Consumers: clause 6.8 means that you are liable to us for losses we incur because you do not comply with these terms. We may claim those losses from you at any time and if we have to take legal action we will ask the court to make you pay our legal costs.

    6. Title

  • 6.1 Consumers: your statutory rights are unaffected.  

  • 6.2 Business customers: until you pay all debts you may owe us:  

  • 6.2.1 all goods supplied by us remain our property;

  • 6.2.2 you must store them so that they are clearly identifiable as our property;

  • 6.2.3 you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;

  • 6.2.4 you may use those goods and sell them in the ordinary course of your business, but not if:

  • a. we revoke that right (by informing you in writing); or

  • b. you become insolvent.

  • 6.3 Business customers: you must inform us (in writing) immediately if you become insolvent.

  • 6.4 Business customers: if your right to use and sell the goods ends you must allow us to remove the goods.

  • 6.5 Business customers: we have your permission to enter any premises where the goods may be stored:

  • 6.5.1 at any time, to inspect them; and

  • 6.5.2 after your right to use and sell them has ended, to remove them, using reasonable force if necessary.

  • 6.6 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.

  • 6.7 You are not our agent. You have no authority to make any contract on our behalf or in our name.

    7. Warranties

  • 7.1 We warrant that the goods:

  • 7.1.1 comply with their description on our order confirmation form; and

  • 7.1.2 are free from material defect at the time of delivery (as long as you comply with clause 7.4).

  • 7.2 Business customers: we give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.

  • 7.3 Consumers: the warranty in clause 7.1 is in addition to your statutory rights.

  • 7.4 If you believe that we have delivered goods which are defective in material or workmanship, you must:

  • 7.4.1 inform us (in writing), with full details, as soon as possible; and

  • 7.4.2 allow us to investigate (we may need access to your premises and product samples). 

  • 7.5 If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 7.4) in full, we will (at our option) repair or replace the goods.

  • 7.6 We cannot accept liability in respect of any defect arising from fair wear and tear, willful damage, abnormal working conditions, failure to follow our instructions, or the alteration or repair of the goods without our approval.

  • 7.7 We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.

  • 7.8 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to two million pounds (or the appropriate amount of insurance we have in place when the contract is performed).

  • 7.9 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.

  • 7.10 Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.

    8. Specification

  • 8.1 If we prepare the goods in accordance with your specifications or instructions or using your materials you must ensure that:

  • 8.1.1 specifications, instructions, or materials are supplied to us within a reasonable time;

  • 8.1.2 the specifications or instructions are accurate;

  • 8.1.3 materials are of good quality and suitable for our use;

  • 8.1.4 goods prepared in accordance with those specifications or instructions or using your materials will be fit for the purpose for which you intend to use them; and

  • 8.1.5 your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.

  • 8.2 We are not responsible for the performance or suitability of goods manufactured in accordance with your specifications and instructions.

  • 8.3 Materials supplied by you remain your property at all times and we will hold them at your risk. You must insure them for their full value against all reasonable risks which arise out of our handling, storing or processing of them.

  • 8.4 Any dimensions, specifications and general description contained in our technical circulars, catalogues, and advertising material are illustrative only and will not form part of the contract between us.

  • 8.5 Business Customers: We reserve the right;

  • 8.5.1 to make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements; and

  • 8.5.2 to make without notice any minor modifications in our specifications we think necessary or desirable.

    9. Return of goods

  • 9.1 We will accept the return of goods from you only:

  • 9.1.1 by prior arrangement (confirmed in writing);

  • 9.1.2 on payment of an agreed handling charge (unless the goods were defective when delivered) and

  • 9.1.3 where the goods are as fit for sale on their return as they were on delivery.

  • 9.2 We cannot accept return of goods which have been specifically made or modified to your specification.

    10. Export terms

  • 10.1 Where the goods are supplied by us to you by way of export from the United Kingdom Clause 10 of these terms applies (except to the extent that it is inconsistent with any written agreement between us).

  • 10.2 The ‘Incoterms’ of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency.

  • 10.3 Unless otherwise agreed, the goods are supplied ex works our place of manufacture.

  • 10.4 Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.

  • 10.5 You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any defect in the goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit.

  • 10.6 We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).

    11. Cancellation

  • 11.1 You may not cancel the order unless we agree in writing (and clauses 3.2.2 and 11.2 then apply).

  • 11.2 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.

  • 11.3 We may suspend or cancel the order, by written notice if:

  • 11.3.1 you fail to pay us any money when due (under the order or otherwise);

  • 11.3.2 you become insolvent;

  • 11.3.3 you fail to honor your obligations under these terms.

    12. Waiver and variations

  • 12.1 Any waiver or variation of these terms is binding in honor only unless:

  • 12.1.1 made (or recorded) in writing;

  • 12.1.2 signed on behalf of each party; and

  • 12.1.3 expressly stating an intention to vary these terms.

  • 12.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

    13. Force majeure – business customers only

  • 13.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.

  • 13.2 Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

    14. General

  • 14.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.

  • 14.2 If you are more than one person, each of you is liable for all of your obligations under these terms (joint and several liability).

  • 14.3 If any of these terms are unenforceable as drafted:

  • 14.3.1 it will not affect the enforceability of any other of these terms; and

  • 14.3.2 if it would be enforceable if amended, it will be treated as so amended.

  • 14.4 We may treat you as insolvent if:

  • 14.4.1 you are unable to pay your debts as they fall due; or

  • 14.4.2 you (or any item of your property) becomes the subject of:

  • a. any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);

  • b. any application or proposal for any formal insolvency procedure; or

  • c. any application, procedure or proposal overseas with similar effect or purpose.

  • 14.5 Business customers: all brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.

  • 14.6 Business customers: any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.

  • 14.7 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.

  • 14.8 The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either:

  • 14.8.1 contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or

  • 14.8.2 which expressly state that you may rely on them when entering into the contract.

  • 14.9 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.