TERMS AND CONDITIONS
1. Interpretation
1.1 The following definitions shall have the following meanings:
“the Customer”
means the person purchasing goods from the Supplier;
“Force Majeure Event”
means an event beyond the reasonable control of the Supplier, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), 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, inability to procure materials or articles except at increased prices or default of agents, suppliers or subcontractors;
“the Goods”
mean the goods that the Supplier is to supply to the Customer in accordance with these terms;
“Intellectual Property Rights”
means any patent, right to an invention, copyright and related rights, trade mark, business name, design right, domain name, goodwill, the right to sue for passing off, design right, database right, right to use and protect the confidentiality of confidential information (including without limitation know-how and trade secrets) and all other types of intellectual property rights, registered or unregistered, including all applications and the right to apply for renewals or extensions of, and right to claim priority from, such rights and all similar rights or forms of protection existing or which will exist now or in the future in any country;
“the Services”
means the services that the Supplier is to supply to the Customer in accordance with these terms as set out in the Service Specification;
“Service Specification”
the description or specification for the Services and dates for the Services to be provided, given in writing by the Supplier to the Customer;
“the Supplier”
means WILD TANTRIKA whose registered office is at THE CLOSE, LIPHOOK, HAMPSHIRE, UNITED KINGDOM;
“these terms”
means these terms and conditions as amended from time to time in accordance with clause 2.2;
“Working Day”
means a day other than a Saturday, Sunday or public holiday in England when clearing banks in London are open for business.
1.2 The rules of interpretation in this clause 1 apply in these terms.
1.3 Clause headings do not affect the interpretation of these terms.
1.4 Except where a contrary intention appears, a reference to a clause is a reference to a clause of these terms.
1.5 Unless otherwise specified, a reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.6 A person includes a corporate or unincorporated body.
1.7 Writing or written includes faxes, but not email.
1.8 Any obligation in these terms on a person not to do something includes an obligation not to agree or allow that thing to be done.
1.9 Unless the context otherwise requires, (a) words in the singular shall include the plural and in the plural shall include the singular and (b) a reference to one gender shall include a reference to the other genders.
1.10 Any words following the terms “including”, “include”, “in particular” or “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. Basis of the Sale
2.1 The Supplier contracts on these terms only, and acceptance by the Supplier of any order from a Customer shall be upon these terms and shall override any other terms and conditions stipulated or incorporated by the Customer in its order or in any negotiations, or which are implied by trade, custom, practice or course of dealing.
2.2 Variations or representations will only be binding on the Supplier if confirmed in writing by an authorised officer of the Supplier.
2.3 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 30 days from its date of issue.
2.4 No contract for the sale of goods shall be concluded until the Supplier has issued an "Acknowledgement of Order".
2.5 When ordering products for delivery outside of the EU, the Customer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Customer. The Supplier has no control over these charges. Customs policies vary widely from country to country, so the Customer should contact his or her local customs office for further information. Additionally, please note that when ordering, the Customer is considered the importer of record and must comply with all laws and regulations of the country in which the products are to be received. Customers’ privacy is important: international customers should to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
2.6 The Supplier does not sell products for purchase by children. If the Supplier sells children's products, they are only for purchase by adults. If the would-be Customer is under 18, he or she may only place orders via a parent or guardian.
3. The Goods
3.1 The Supplier reserves the right to make substitutions and modifications to the specifications of the Goods, provided that this does not materially affect their performance.
3.2 Unless expressly indicated otherwise, the Supplier is not the manufacturer of the products sold on its website. While the Supplier aims to ensure that product information on its website is correct, actual product packaging and materials may contain different and/or more detailed information to that displayed on its website. All information about the products on the Supplier’s website is provided for information purposes only. The Supplier recommends that the Customer does not rely solely on the information presented on its website. Please always read labels, warnings and directions provided with the goods before use.
4. The Services
4.1 The Supplier will carry out the Services for the Customer.
4.2 The Supplier will use its reasonable endeavours to procure that the Services are supplied on time as set out in the Service Specification. However in the supply of the Services any dates for performance are only estimates and time shall not be of the essence.
5. Price
5.1 The price of the Goods is as stated on our website and is inclusive of Value Added Tax at the appropriate rate.
5.2 Where carriage, insurance, storage or other charges are shown separately from the price of Goods, they are nevertheless payable by the Customer at the same time as if they form part of the price and shall be treated as such for the purposes of these terms.
5.3 The Supplier shall invoice the Customer in respect of:
5.3.1 Goods, at delivery or afterwards; and
5.3.2 Services, at weekly OR monthly intervals in arrears.
6. Cancellation
6.1 The Customer has a right of cancellation (cooling-off period) in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, except where one of the exceptions apply. The statutory right to cancel the order without giving any reason applies within 14 days from the day on which the Customer received the goods ordered (or the last of a batch if it relates to goods delivered separately, except for subscriptions) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD). The Customer must inform the Supplier of the decision to cancel the order. To meet the cancellation deadline, it is sufficient for the Customer to (a) send the communication before the 14 days’ cancellation period has expired and (b) then return the item within 14 days of communicating such cancellation decision. The cost of the return of the goods is to be borne by the Customer. The exceptions to this statutory right of cancellation are for goods that:
6.1.1 are shrink-wrapped and/or sealed data media (e.g. CDs, DVDs and software CD-ROMs) where the Customer has opened them (i.e. broken the shrink-wrap or security seal);
6.1.2 have a short shelf life (for example fresh food);
6.1.3 are not suitable for return due to health protection or hygienic reasons if unsealed by the Customer after delivery;
6.1.4 are a service if the Supplier has fully performed it and the Customer accepted when he or she placed the order that the Supplier could start to deliver it, and that the Customer then could not cancel it once delivery had started;
6.1.5 are the supply of digital content (e.g. apps, digital software, ebooks, MP3) which is not supplied on a tangible medium (e.g. not on a CD or DVD) if the Customer accepted when he or she placed the order that the Supplier could start to deliver it, and that the Customer then could not cancel it once delivery had started;
6.1.6 are the delivery of newspapers, journals or magazines (with the exception of subscription contracts);
6.1.7 are the supply of alcoholic beverages whose actual value is dependent on fluctuations in the market which the Supplier cannot control; or
6.1.8 have been made to the Customer’s specifications, altered or clearly personalised for the Customer (or example a pair of trousers that has been shortened) and, as a result, are incapable of being returned to the Supplier.
6.2 In the event of cancellation in accordance with clause 6.1, the Supplier will reimburse all payments received from the Customer for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by the Supplier, no later than 14 days from the day on which the Supplier received the cancellation communication. The Customer will not be charged any fee for such reimbursement. The Supplier may delay reimbursement until it has received the goods back or evidence of the Customer’s having sent back the goods, whichever is the earliest. The Customer may be liable for a deduction from such full reimbursement if the value of the goods returned is diminished due to the handling of the goods by the Customer, e.g. for unnecessary damage to the packaging (except where it was necessary to establish the nature, characteristics and functioning of the goods).
6.3 Except in accordance with the right of cancellation contained in clause 6.1, the Customer may not cancel the contract without the written consent of the Supplier. If such consent is given, it is made on the express condition that the Customer shall pay the Supplier a reasonable sum in respect of its loss arising out of such cancellation, unless otherwise agreed in writing, such amount to be confirmed as acceptable by the Customer before such cancellation shall take effect. This alternative right of cancellation is without prejudice to the Customer’s statutory rights.
7. Payment
7.1 Payment shall be made when purchasing the Goods.Time for payment shall be of the essence of the Contract.
7.2 In the case of overdue payment, the Supplier may charge interest to the Customer on the amount overdue calculated on a daily basis at the rate of 2% per month without prejudice to any other rights of the Supplier. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
7.3 Where the Supplier has agreed that the Goods may be paid for by instalments, any failure by the Customer to pay an instalment when due shall entitle the Supplier to treat such failure as the Customer's repudiation of the whole contract without prejudice to its other rights to recover damages for that breach.
7.4 Notwithstanding the provisions of clause 7.1 and any instalment basis agreed, upon the occurrence of any event under clause 13.1 any period of credit allowed for the Customer on any contract with the Supplier, whenever made, shall cease to apply and payment for all Goods and Services shall be or be deemed to have become due forthwith on such occurrence.
8. Delivery
8.1 The Supplier may deliver by instalments and may treat each delivery as a separate contract.
8.2 If the Supplier requires the Customer to return any packaging material to the Supplier, the Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Return of packaging materials shall be at the Supplier's expense.
8.3 If a date is quoted for the Goods’ delivery, it is only an estimate. Time of delivery is not of the essence. The Supplier will have no liability for delays in delivery caused by either a Force Majeure Event or the failure of the Customer to give adequate delivery instructions or other relevant instructions to the Supplier.
9. Retention of Title
9.1 Property in the Goods shall not pass to the Customer until the Customer has paid to the Supplier all sums owed (under this or any other contract) by the Customer to the Supplier. The Goods shall be at the risk of the Customer on completion of delivery.
9.2 Until property in the Goods has passed to the Customer, the Customer shall:
9.2.1 not pledge the Goods or documents of title thereon or allow any lien to arise thereon;
9.2.2 notify the Supplier immediately if it becomes subject to any of the events listed in clause 13.1;
9.2.3 store the Goods in a manner that makes them readily identifiable as the goods of the Supplier;
9.2.4 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
9.2.5 maintain the Goods in satisfactory condition;
9.2.6 not deal with or dispose of the Goods or documents of title thereto or any interest therein; and
9.2.7 not hold itself out as the Supplier's agent in respect of the Goods.
9.3 If payment of any sum is overdue the Supplier shall have the right to commence proceedings against the Customer for the price, notwithstanding that property in the Goods has not yet passed to the Customer.
10. Warranties sale of goods and services
10.1 The Supplier warrants that on delivery the Goods are safe for use, and for a period of 12 months after (“the Warranty Period”) they will remain,] (a) of satisfactory quality (within the meaning of the Sale of Goods Act 1979), (b) free from any material defect in design, workmanship and materials and (c) correspond with any agreed written specification, but the Supplier's liabilities under this warranty shall be limited to making available free of charge the labour and materials required to make good any such defects or (at the Supplier's option) replacing any defective Goods. The Supplier's liability under this warranty is also conditional upon the following and these terms shall apply to any repaired or replacement Goods supplied by the Supplier under this clause:
10.1.1 written notice of the defect being given to the Supplier within 14 days after discovery of the same;
10.1.2 the Goods having been properly installed, stored and used by the Customer prior to the defect occurring;
10.1.3 the defect not arising due to the Customer’s failure to follow the Supplier's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
10.1.4 the defect not arising as a result of the Supplier following any drawing, design or specification supplied by the Customer in the manufacture of the Goods;
10.1.5 the defect not arising as a result of fair wear and tear, wilful damage or negligence;
10.1.6 the Goods not having been subjected to any repair (without the Supplier’s consent), modification or abnormal or improper use; and
10.1.7 the Goods having been returned at the Supplier's request, but at the Customer's expense, for inspection.
10.2 The Supplier warrants that any Services shall be provided with reasonable skill and care. The Supplier's liability under this warranty shall be limited to making available free of charge the labour and materials required to make good any failure to perform the Services with reasonable skill or care. The Supplier's liability is also conditional upon:
10.2.1 written notice of the defect being given to the Supplier within 14 days after discovery of the same and in any event within 6 months after the date of completion of the Services; and
10.2.2 any goods upon which the Services were performed being properly stored and not having been subject to improper use or modification.
10.3 The warranties contained in clauses 10.1 and 10.2 are without prejudice to the Customer’s statutory rights.
11. Limitation of Liability and Customer’s obligations
11.1 Save as provided under the Unfair Contract Terms Act 1977 and notwithstanding the warranty contained in clause 10.1, the Supplier will not be responsible for (i) losses that were not caused by any breach on its part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both the Supplier and the Customer when the contract for the sale of goods and/or supply of services was formed.
11.2 Nothing in these terms excludes or limits liability for (a) death or personal injury caused by the negligence or (b) fraudulent representations or (c) wilful misconduct in each case of or by the Supplier or any of its employees or agents.
11.3 If Supplier is to supply any of the Services at the Customer’s home or the Customer has requested the Supplier to carry out any services relating to the Goods at the Customer’s home, e.g. installation or maintenance, the Customer shall ensure at all times that the home shall be in a safe condition for such purposes and that the Supplier's employees shall have full and free access thereto at all necessary times and are supplied with all necessary information.
11.4 The Customer will:
11.4.1 co-operate with the Supplier in relation to the Supplier’s provision of the Services;
11.4.2 where relevant, make the Customer’s home fit for the provision of the Services;
11.4.3 obtain any licences, permissions and consents that are required for the Services, except for any licences, permissions and consents that are listed in the Service Specification as being obtained by the Supplier; and
11.4.4 ensure the Supplier’s employees, agents and sub-contractors have safe access as is reasonably required to the Customer’s home.
11.5 In the event that the Supplier's provision of the Services is adversely affected by the Customer’s acts, omissions or failure to carry out its obligations (“a Customer Default”), then, without prejudice to the Supplier’s other rights and without incurring liability to the Customer for delay or failure to provide the Services in exercising its rights under this clause 11.5, the Supplier may suspend provision of the Services until the Customer has remedied the Customer Default, and be relieved from its obligations to perform the Services if the Customer Default adversely affects the Supplier's provision of the Services.
12. Force Majeure
12.1 The Supplier shall bear no liability for loss, damage or delay howsoever arising by a Force Majeure Event, and in these circumstances may suspend or cancel the whole or part of any delivery. The Supplier shall endeavour to notify the Customer as quickly as reasonably possible if a Force Majeure Event occurs.
12.2 If the Force Majeure Event prevents the Supplier from providing any of the Services and/or Goods for more than 4 weeks, either party shall, without limiting its other rights or remedies, have the right to terminate this contract immediately by giving written notice to the other party.
12.3 This clause does not affect the Consumer’s right to have the products sent within a reasonable time.
13. Default
13.1 Without prejudice to any other rights it may have and without prejudice to the provisions of clause 9, the Supplier may, by notice to the Customer, terminate any contract between the Customer and Supplier forthwith and/or immediately recover from the Customer all sums due from the Customer under any contract with the Supplier (notwithstanding any period of credit which may have been allowed) together with any accrued interest if:
13.1.1 any payment due by the Customer to the Supplier is overdue in whole or in part;
13.1.2 the Customer commits any breach of any of the terms of any contract with the Supplier and, if the breach is remediable, fails to remedy that breach within 14 days after receipt of notice in writing to do so;
13.1.3 the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986;
13.1.4 the Customer commences negotiations with its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
13.1.5 a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or
13.1.6 the Customer (being an individual) has a petition in bankruptcy entered against him, dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
13.2 Where the Customer is situated outside of the United Kingdom, the Supplier shall be entitled to terminate the contract and/or recover all sums due pursuant to clause 13.1 if any event occurs in relation to the Customer that is analogous to the events described in clauses 13.1.3 to 13.1.6.
13.3 Without limiting its other rights or remedies, the Supplier may suspend the supply of Services and/or all further deliveries of Goods if the Customer fails to pay any amount due on the due date for payment, the Customer becomes subject to any of the events listed in clause 13.1, or the Supplier reasonably believes that the Customer is about to become subject to any of them.
13.4 On termination of a contract for any reason:
13.4.1 the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of Services or Goods supplied but for which no invoice has yet been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
13.4.2 the Customer shall return all of the Supplier’s materials and Goods that have not been paid for in full. Until their return, the Customer shall be responsible for keeping them safe and will not use them;
13.4.3 termination will be without prejudice to the parties’ accrued rights; and
13.4.4 any clauses in these terms that expressly or by implication continue to have effect after termination shall continue in full force and effect.
14. Intellectual Property Rights
14.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier. As regards any third party Intellectual Property Rights in the Services, the Customer agrees that the Customer's use of such Intellectual Property Rights is conditional on the Supplier’s obtaining a written licence from the relevant licensor in terms that permit the Supplier to license such rights to the Customer.
15. Miscellaneous
15.1 No waiver by the Supplier of any breach of contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision of the contract.
15.2 The parties agree to be bound by these terms, which they consider to be reasonable. If any clause of these terms is held by any Court or competent authority as invalid or unenforceable in whole or in part the validity of the remainder of these terms and of the remainder of the provisions in question shall not be affected thereby.
15.3 The Customer shall not assign or transfer any contract to which these terms apply nor the benefit thereof to any person whatsoever.
15.4 These terms constitute the entire agreement and understanding of the parties and supersede any previous agreement or understanding between them relating to the subject matter of these terms. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier that is not set out in these terms.
15.5 Any notice given under these terms must be in writing and delivered to the recipient at the address of (a) in the case of the Supplier, its registered office or its principal place of business and (b) in the case of the Customer, his or her last known residential address, or at such other address as has been notified to the sender previously in writing for the purpose of this clause.
15.6 A notice given under these terms shall be validly served if sent by email.
15.7 A person who is not a party to these terms may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
15.8 These terms shall be governed by and construed in accordance with the laws of England and each of the parties hereto submits to the jurisdiction of the English Courts as regards any claim or matter arising under these terms.
Website Disclaimer
This disclaimer forms part of an agreement ("Agreement") between you and WILD TANTRIKA about your use of this Website and the information contained in or available through this Website and should be read in conjunction with our privacy policy. If you do not agree to the full terms of this disclaimer please leave this Website and do not make use of our services. By remaining on this Website and/or making use of our services you are deemed to accept the terms of this disclaimer in full. Our disclaimer and our privacy policy are updated from time to time, e.g. to reflect changes in our services and this Website. Please return to this page from time to time and note any changes, as they are binding on you. Protecting your privacy is very important to us: please review our privacy policy below, which explains how we treat your personal information and protect your privacy.
1. Definitions
1.1 “WILD TANTRIKA”, “Us”, “Our” and “We” all refer to this Website, or the owner of it, which Website belongs to WILD TANTRIKA, a soletrading company registered in England and Wales with its registered office address at THE CLOSE, LIPHOOK, Hampshire, whose main trading address is at The Close Liphook, Hampshire.
1.2 “You” refers to you the visitor and, or customer.
1.3 “Website” means this website at [WILDTANTRIKA.COM].
2. Disclaimer and exclusion of liability
2.1 Our Website is made available free of charge. We take reasonable steps to ensure that the information on this Website is correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on this Website or the absence of inaccuracies, omissions or typographical errors. We may make changes to the material on this Website at any time and without notice, including corrections. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made.
2.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for this disclaimer may have effect in relation to this Website.
2.3 All information and services are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
2.4 Any information on the Website in many cases will be an abbreviated and simplified summary for general use or general guidance only, and is not a substitute for taking specific advice on your own situation from an appropriate expert. Before taking, or refraining from, any action on the basis of the content of our Website, you must obtain suitable advice from a professional or specialist.
2.5 You use the Website at your own risk - neither we, nor our agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the website (whether under the terms of this disclaimer or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
2.6 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website) shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with this Website.
2.7 We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to:
2.7.1 use of, or inability to use, our Website; or
2.7.2 use of, or reliance on, the contents of our Website.
2.8 In addition if you are a business user, we will not be liable to you for:
2.8.1 lost profit or turnover;
2.8.2 interruption or disruption of your business;
2.8.3 your failure to make anticipated savings;
2.8.4 lost business opportunities or damage to your goodwill or reputation; or
2.8.5 indirect or consequential losses.
2.9 In addition if you are a consumer, you agree not to use our site for any commercial or business purposes, and we shall have no liability to you for anything mentioned in Paragraphs 2.8.1 to 2.8.5.
2.10 We shall have no liability to you for any losses caused by a distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our Website or your downloading of any content on it, or on any website linked to it.
2.11 Nothing in this disclaimer shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.
3. Governing jurisdiction
3.1 This disclaimer shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this disclaimer are subject to the exclusive jurisdiction of the courts of England and Wales.
Version: SEPTEMBER 2023
Privacy Policy & Notice
About this Policy
This privacy policy and general privacy notice applies to WILD TANTRIKA. We at WILD TANTRIKA take your privacy seriously, and this policy and notice has been drafted in accordance with the requirements of the General Data Protection Regulations (“GDPR”), with the support of the legal team at www.legalo.co.uk.
This privacy notice explains how we look after your personal data (in all situations where we collect your data), sets out your privacy rights and also explains how the law, and our approach to privacy and personal data, protects you.
This privacy notice supplements any other privacy notices that we may provide to you at the point that we collect data from you, and should be read in conjunction with those notices.
Our status and details
For the purpose of the GDPR, we are the data controller and any enquiry regarding the collection or processing of your data should be addressed to our Data Protection Officer using the contact details below:
Nam: Luchele Brook
Email address: luchele@valentinabrook.com
By using this Website, you consent to this policy.
Information we collect
We will collect, process and store personal data only if it is directly provided to us by you. You may do this in your capacity as the user of this Website, by enquiring in relation to our goods or services, becoming a customer or supplier, or potential supplier.
Personal information covers any information which relates to you as an identifiable person. Below are examples of the type of data that this may include:
(a) Identity Data including forenames, last name, maiden name, date of birth, gender, marital status, and username or similar identifier.
(b) Contact Data may include invoicing; purchase order; home or work address, email address and telephone numbers, personal or job title and position.
(c) Financial Data may include bank account and payment card details.
(d) Special Category Data for example health or medical data, details about your race, religion, sex and political opinions.
(e) Transaction Data may include payments made for products and services you have purchased from us, or in relation to payments that we have made to you.
(f) Technical Data may include internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices used to access this Website.
(g) Profile and Usage Data may include enquiries submitted by you, purchases information, feedback and survey responses, and how you use our website, products and services.
(h) Marketing Data may include details of any preference that you have advised us of in relation to marketing communications from us.
We may also collect non-personal data such as aggregated data, which is data that may be obtained from your personal data, but which does not directly or indirectly identify you. This may include usage data detailing how you use our Website and the features and areas that you have interacted with.
How do we collect your personal data?
A range of different methods may be used to collect data, which may include the following methods:
(a) Direct interactions with us in person, by post, phone, email or otherwise. For example you might give us your Identity, Contact and Financial Information in this way.
(b) Automated technologies or interactions with our website, by using the web enquiry form [or the shopping cart on this website]. For example you might give us your Identity, Contact and Financial Information in this way.
(c) Third parties or publicly available sources (third parties may be used in processing Identity, Contact and Financial categories of personal data).
(d) Through our Social Media channels such as Instagram and Facebook.
Data accuracy
It is important that the data that we hold about you is accurate and up-to-date. In the event that your data changes, please notify us, so that we can update our records.
Use of your information
We may hold and process personal data that you provide to us in accordance with the GDPR.
The information that we collect and store relating to you is primarily used:
(a) To enable us to provide our goods or services to you, to communicate with you and to meet our contractual commitments to you. This may include Identity, Contact, Financial and Transactional data.
To notify you about any changes to our business, such as improvements to our Website or service/product changes, that may affect our service or relationship with you. This may include Identity and Contact data.
If you are an existing customer, we may contact you with information about goods and services similar to those that were the subject of a previous sale to you. This may include Identity and Contact data.
Where you have consented to receive such information, to provide information on other parties’ products or services that we feel may be of interest to you. This may include Identity, Contact and Marketing data.
Where you have consented to receive our e-newsletters to provide that to you. This may include Identity and Contact data.
Where we need to comply with a legal obligation. This may include Identity, Contact and Transactional data.
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. This may include all types of data.
Where we collect your data for marketing purposes, we will always request your consent at the point the data is collected, to use your data for that purpose.
We will always obtain your consent prior to sharing your personal data with any third party for their marketing purposes. This may be to enable relevant third parties to advise you of products or services that may be of interest to you.
We will only use your personal data for a reason other than the purpose for which it was originally obtained if we consider that we need to use it for that other purpose and have a legitimate interest in doing so.
Disclosure of your information
There are a range of circumstances where we may disclose your data to third parties. These include:
(a) Regulatory bodies. We may disclose your data to regulatory bodies to enable us to comply with the law, to assist fraud protection and to minimise credit risk. This may include Identity, Contact and Transactional data.
(b) Our suppliers. We may disclose your data to third parties that are involved in the fulfilment of our services to you. This may include Identity, Contact and Transactional data.
(c) Third party marketing. Where you have consented for us to do so, we may provide your data to selected third parties who may contact you about their goods or services that you may be interested in. This may include Identity, Contact and Marketing data.
(d) Business sale. We may disclose your personal data outside of our organisation: (a) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; and (b) if [BUSINESS NAME]’s business is bought by a third party, in which case personal data held by it about its customers will be one of the assets to transfer to the buyer. However, any such transfer will only be on terms that the confidentiality of your personal data is protected and that the terms of this privacy policy will continue to be complied with by the recipient.
Please be advised that we do not reveal information about identifiable individuals to our advertisers, but we may, on occasion, provide them with aggregated data about our Website visitors and customers.
If you do not want us to share your data with third parties, you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data, or you can do so by writing to us at the address detailed above orsending us an email to [EMAIL ADDRESS] at any time.
Controlling the use of your data
Where we rely on consent as the lawful basis for processing your data, you can revoke or vary that consent at any time.
If you do not want us to use your data or want to vary the consent that you have provided, you can write to us at the address detailed above or email us at luchele@valentinabrook.com at any time.
Data storage and the transfer your data
As part of the services offered to you, for example through our Website, the information you provide to us may be transferred to and stored in countries outside of the European Economic Area (EEA), as we use remote website server hosts to provide the website and some aspects of our service, which may be based outside of the EEA, or use servers based outside of the EEA - this is generally the nature of data stored in “the Cloud”. It may also be processed by staff operating outside the EEA who work for one of our suppliers, e.g. our website server host, payment processing provider, or work for us when temporarily outside of the EEA.
A transfer of your personal data may happen if any of our servers are located in a country outside of the EEA or one of our service providers is located in a country outside of the EEA.
If you use our service while you are outside the EEA, your personal data may be transferred outside the EEA in order to provide you with these services.
If we transfer or store your personal data outside the EEA in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected, as outlined in this privacy policy. Where we use suppliers based abroad, we may transfer data to them if they provide similar protection to personal data shared between the EEA and their country.
Security
The transmission of information via the Internet or email is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of data while you are transmitting it to our site: any such transmission is at your own risk.
We have put in place security measures to prevent your data from accidental, loss or disclosure. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.
Where we have given you (or where you have chosen) a password, so that you can access certain parts of our site, you are responsible for keeping this password confidential. You should choose a password that it is not easy for someone to guess.
In the event of a data breach, we will notify the ICO and you in the event that the breach results in any likelihood of loss or damage to you.
Data retention
The length of time that we retain and store data depends on the purpose for which it was collected. We will only store data for as long as is required to fulfil that purpose, or for the purpose of satisfying legal requirements.
It is a legal requirement that we keep certain data about our customers and suppliers for at least six years. The type of data includes Contact, Identity, Financial and Transaction data.
Where you have requested that we provide you with marketing materials, we will retain your data until such time as consent is withdrawn by you.
Use of cookies & tracking pixels
We use cookies [and tracking pixels] to gather information about your computer for our services and to provide statistical information regarding the use of our Website. Such information will not identify you personally - it is statistical data about our visitors and their use of our Website. This statistical data does not identify any personal details about you whatsoever.
We may also gather information about your general Internet use by using a cookie file [and/or a tracking pixel file]. Where used, these cookies and tracking pixels are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer, as cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and the service that we provide to you.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our Website. Where we work with advertisers on our Website, our advertisers may also use cookies and/or tracking pixels, over which we have no control. Such cookies and/or tracking pixels (if used) would be downloaded or displayed respectively once you click on advertisements on our Website.]
Your rights
The GDPR gives you a range of rights in relation to the personal data that we collect from. You have the right to:
(a) Access your personal data. This right is commonly known as the ‘data subject access request’ and enables you to receive a copy of the personal data we hold about you. You will not need to pay a fee to access your personal data unless we can justifiably demonstrate that the request is repetitive or excessive. We will respond to all legitimate data access requests within one month, but we may need to obtain further information from you in order to confirm your identity and the legitimacy of the request.
(b) Request update of the personal data. This enables you to have any incomplete or inaccurate data corrected.
(c) Erasure of your personal data. This enables you to ask us to delete personal data where there is no justifiable reason for us continuing to retain and process it. We may not always be able to delete the data, such as if there is an ongoing contractual relationship between us or if we are legally required to retain the data.
(d) Object to processing of your personal data where we are relying on consent or our legitimate interests (or those of a third party) as the justification for processing the data.
(e) Restrict the processing of your personal data. This enables you to ask us to change the processing of your personal data. For example, you may wish to vary the basis on which we contact you.
(f) 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, machine-readable format.
(g) Withdraw consent. Where we are relying on consent to process your personal data, you may withdraw that 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.
You can exercise these rights at any time by writing to us at the address detailed above, or by email to [EMAIL ADDRESS].
Third party links
You might find links to third party websites on our website. If you click a link to a third-party website and visit that site, you may be allowing that site to collect and share certain data about you. These websites should have their own privacy policies, which you should check. We do not accept any responsibility or liability for their policies whatsoever, as we have no control over them.
Complaints
If you wish to raise a complaint regarding our use of your personal data, then you can contact the Information Commissioner’s Office (ICO), which is the UK supervisory authority for data protection issues (www.ico.org.uk).
If you do wish to raise a complaint, then we would welcome the opportunity to discuss your concerns before you contact the ICO, to see if we can resolve the issue for you.
Changes to this policy
We may update these policies to reflect changes to the website and customer feedback. Please regularly review these policies to be informed of how we are protecting your personal data.
We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us.
Version: SEPTEMBER 2023
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