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Protecting your personal details on our website.
Last updated: 30 August 2016
The Website is brought to you by Carter Nicholls Limited. Carter Nicholls Limited believes it is important to protect your Personal Data (as defined in the Data Protection Act 1998) and we are committed to giving you a personalised service that meets your needs in a way that also protects your privacy. This policy explains how we may collect Personal Data about you. It also explains some of the security measures we take to protect your Personal Data, and tells you certain things we will do and not do. You should read this policy in conjunction with the Website Terms.
When we first obtain Personal Data from you, or when you take a new service or product from us, we will give you the opportunity to tell us if you do or do not want to receive information from us about other services or products (as applicable). You can normally do this by ticking a box on an application form or contract. You may change your mind at any time by emailing us at the address below.
Some of the Personal Data we hold about you may be ‘sensitive personal data’ within the meaning of the Data Protection Act 1998, for example, information about your health or ethnic origin.
- Collecting Information
We may collect Personal Data about you from a number of sources, including the following:
- From you when you agree to take a service or product from us, in which case this may include your contact details, date of birth, how you will pay for the product or service and your bank details.
- From you when you contact us with an enquiry or in response to a communication from us, in which case, this may tell us something about how you use our services.
- From documents that are available to the public, such as the electoral register.
- From third parties to whom you have provided information with your consent to pass it on to other organisations or persons.
- Using Your Personal Information
Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to fulfil these purposes:
- To help us to identify you when you contact us.
- To help us to identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the Personal Data you have provided and/or any information we hold about you and Personal Data from third party agencies (including credit reference agencies).
- To help us to administer and to contact you about improved administration of any accounts, services and products we have provided before, do provide now or will or may provide in the future.
- To allow us to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information.
- To help to prevent and detect fraud or loss.
- To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us where
- these products are similar to those you have already purchased from us,
- you were given the opportunity to opt out of being contacted by us at the time your Personal Information was originally collected by us and at the time of our subsequent communications with you, and
- you have not opted out of us contacting you.
- To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us and selected partners where you have expressly consented to us doing so.
- We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.
We may check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this.
- We may allow other people and organisations to use Personal Data we hold about you in the following circumstances:
If we, or substantially all of our assets, are acquired or are in the process of being acquired by a third party, in which case Personal Data held by us, about our customers, will be one of the transferred assets.
If we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
In connection with any transaction which we enter into with you:
We may carry out with one or more licensed credit reference and fraud prevention agencies:
- credit checks where you have given us your express consent, and
- fraud prevention checks.
- We may carry out with one or more licensed credit reference and fraud prevention agencies:
We and they may keep a record of the search. Information held about you by these agencies may be linked to records relating to other people living at the same address with whom you are financially linked. These records will also be taken into account in credit and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household with whom you are financially linked and for debt collection and fraud prevention. This includes those who have moved house and who have missed payments.
- If you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with other people and organisations. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.
- If you need details of those credit agencies and fraud prevention agencies from which we obtain and with which we record information about you, please write to our Data Protection Manager at Carter Nicholls Limited, Victoria House, Stanbridge Industrial Park, Staplefield Lane, Haywards Heath, West Sussex, RH17 6AS.
- Protecting Information
We have strict security measures to protect Personal Data.
- We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
- We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
- We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
- It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
- If you communicate with us using the internet, we may occasionally email you about our services and products. When you first give us Personal Data through the Website, we will normally give you the opportunity to say whether you would prefer us not to contact you by email. You can also always send us an email (at the address set out below) at any time if you change your mind.
- Please remember that communications over the internet, such as emails and webmails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered – this is the nature of the internet. We cannot accept responsibility for any unauthorised access or loss of Personal Data that is beyond our control.
- The Website may include third-party advertising and links to other websites. We do not provide any personally identifiable customer Personal Data to these advertisers or third-party websites.
- We exclude all liability for loss that you may incur when using these third party websites.
- This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will supply the Services to you. You may print a copy for future reference.
- Business Day: a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
- ‘Event Outside Our Control’ has the meaning given in clause 14..
- ‘Services’ means the services listed on the Website which we may supply.
- Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 10. and limitation of our liability and your indemnity at clause 12..
- By ordering any of the Services, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
- This Website is owned and operated by Carter Nicholls (‘we’/’us’/’our’), a limited company registered in England and Wales under company number: 04956065 having our registered office at Victoria House, Stanbridge Industrial Park, Staplefield Lane, Haywards Heath, West Sussex, RH17 6AS. Our VAT Number is 831843626.
- Our telephone number is 01444 401440.
- We are a member of ICAEW, a regulated professional body. We can be identified on the register by our registration number 7198395. We are regulated by ICAEW. The professional conduct rules and regulations can be found at http://www.icaew.com/.
- Eligibility to purchase from the Website
To be eligible to purchase the Services and lawfully enter into and form a contract with us, you must be 18 years of age or over.
- The prices of the Services are quoted prior to commencement of services.
- Prices and any other charges quoted on the order page are based on performance of the Services in the United Kingdom unless otherwise specified.
- Unless otherwise stated, the prices quoted exclude VAT which will be added at the current rate, to the total amount due from you.
- Payment can be made upon invoice
- By placing an order, you agree to the terms and conditions of our Services
- You must pay the amount of our invoice within 30 days of the date of invoice.
- Unless clause 6.2. applies, you must pay us interest on any amounts you owe us and fail to pay us on the due date at the rate of 3% a year above the base lending rate of Natwest from time to time, accruing daily from the due date until the date of payment, whether before or after judgment.
We will not charge you interest
- for the period of dispute in respect of an invoice that you dispute in good faith, provided you have advised us within a reasonable time of receiving it that you dispute it and your basis for disputing it.
- until after we have performed the services again if we have a duty to do so.
Order process and formation of a contract
- All orders are subject to acceptance and availability. If we are unable to supply you with the Services in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside our Control or because we have identified a mistake in the description of the Services or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
- Any order placed by you for the Services constitutes an offer to purchase them from us.
- You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services.
- A ‘Confirmation Notice’ means an email which we send to you to confirm that we shall be providing the requested Services. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
- A contract between you and us for the supply of the Services (the ‘Contract’) incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
- If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
We may make
- changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
- changes to these Conditions as a result of changes in how we accept payment from you,
- changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
- If we make any changes in accordance with clause 7.7. we will give you written notice of the changes before we supply the Services. You can choose to cancel the contract if the change would be significantly to your disadvantage.
- Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 7.7. shall only be binding when agreed in writing and signed by you and us.
Performance of Services
- The Services will be performed at the address or by the means specified by us when we accept the order.
- When we accept the order, we will confirm estimated start and completion dates for the performance of the Services. We will endeavour to perform the Services in accordance with these estimated dates and will perform the Services within a reasonable time from the date we accept the order.
- In the event that an Event Outside Our Control prevents us from performing the Services within a reasonable time from the date we accept the order, clause 14. will apply.
- If we need to provide the Services at the premises occupied by you, you will provide access to the premises on the date we have agreed for the Services to be carried out.
If you fail to provide access to the premises on the agreed date,
- you must pay us any additional costs incurred by us in providing the Services to you
- in the event that despite our reasonable efforts we are unable to obtain access to the premises to provide the Services, we may end the contract with you. We will refund you any money you have paid less our reasonable costs incurred in attempting to perform the Contract.
If we ask you to provide us with information in order for us to provide the Services, you must provide us with complete and accurate information by the date we request that you provide it by, otherwise:
- you must pay us any reasonable sum we charge you to cover any extra work that is necessary as a result of you providing incomplete or inaccurate information.
- you must pay us any additional costs incurred by us in providing the Services to you resulting from you not providing such information to us by the date we have requested.
- we may suspend the Services by giving you written notice unless you agree to pay such extra costs.
- in the event that despite our reasonable efforts we are unable to obtain the requested information from you and are therefore unable to supply the Services, we may end the contract with you. We will refund you any money you have paid less our reasonable costs incurred in attempting to perform the Contract.
- We will not be liable for any delay or non-performance due to your failure to provide us with complete and accurate information by the time we have requested.
- If we suspend the Services under this clause, you do not have to pay for the Services while they are suspended, but you will remain liable to pay any invoices we have already sent you for Services we have already performed.
If there is a problem with the Services
If the Services provided do not conform to the Contract due to them not being provided with reasonable care and skill:
- you should provide us with details of the problem as soon as reasonably possible;
- if we repeat performance of the Services to fix the problem, we will do so at our own cost and as soon as reasonably practicable.
- As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Conditions will affect these legal rights.
- If the Services provided do not conform to the Contract due to them not being provided with reasonable care and skill:
Cancelling your Contract and returns
Cancelling before Confirmation Notice
- You may cancel your order for the Services by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice.
- a fully completed cancellation form found on our Website, or
- a statement that you wish to cancel quoting your name, address, the name or a description of the Services and your order reference number.
Cancellation after Confirmation Notice
- The ‘Cancellation Period’ means the period of 14 days starting with and including the day after we send you a Confirmation Notice.
- If you wish us to begin to supply the Services during the Cancellation Period, you must request us to do this and you must acknowledge that you will lose the right to cancel once the Services have been fully performed.
- Unless the Services have been fully performed under the Contract in accordance with your request and acknowledgement referred to in clause 10.2.2. and subject to clause 10.4., you may cancel the Contract within the Cancellation Period by notifying us of your decision to cancel.
- You will lose your right to cancel the Contract once the Services have been fully performed in accordance with your request and acknowledgement.
- the fully completed cancellation form found on the Website, or
- a statement that you wish to cancel with your name, address, the name or a description of the Services and your order reference number.
- If you cancel the Contract after we have begun the supply of the Services in accordance with your request, you must pay us for the Services we supplied to you before we received notice of your cancellation.
Refunds on cancellation
So long as you are entitled to cancel and have complied with your obligations under clause 2., we will refund you the balance of the price and VAT you paid to us after deducting:
- the value of the Services we supplied before we received your cancellation notice together with VAT payable in respect of that value.
- If the Contract is for the supply of services only or for the supply of goods and services with the main purpose being the supply of services, we will refund you the sum in clause 10.3.1. within 14 days of our receipt of your cancellation notice.
- We will refund you the sum in clause 10.3.1. using the same method of payment used by you, unless you agree to a refund by a different method of payment.
- So long as you are entitled to cancel and have complied with your obligations under clause 2., we will refund you the balance of the price and VAT you paid to us after deducting:
- Exception to the right to cancel
- Cancelling before Confirmation Notice
You will not have a right to cancel in the following situations:
- The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food).
- The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us.
- You have specifically requested a visit from us to carry out urgent repairs or maintenance.
- The Contract is for the sale of land or financial services.
- The Contract is for rental of accommodation for residential purposes.
- The Contract is for construction or conversion of buildings.
- The Contract is for gaming, betting and lottery services.
- The Contract is for accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities where there is a specific date or period for performance.
- The Contract is for the supply of newspapers, magazines and other periodicals, except for subscription contracts.
Liability and indemnity
We have a duty to supply Services to you that conform to the Contract including a duty to ensure that
- the Services are carried out with reasonable care and skill
- We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
We cannot exclude or limit our responsibility to you for:
- Death or personal injury resulting from our negligence or the negligence of our employees
- Fraud or fraudulent misrepresentation
- A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
- We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.
- You are purchasing the Services as a consumer. If you purchase the Services for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
We will not be responsible for any delay in performing the Services if
- we have asked you to provide specified information that is necessary for performing the Services and
- you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
- We will not accept liability for any damage caused by pre-existing defects in any fittings, walls, pipes, wiring, gas installations in your premises or to any goods to which we connect or install or attach the Goods unless we have been negligent in not realising that such damage may occur or in the way we did the work.
- We have a duty to supply Services to you that conform to the Contract including a duty to ensure that
- Our rights of termination
We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.
Events outside our control
- Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control (‘Event Outside Our Control’).
- We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside our Control.
- We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
- Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
- You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Services which we have been unable to deliver to you.
- Use of personal data
You authorise us to process and transmit your name, address and other personal information supplied by you (including updated information) to
- obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity
- supply the Goods and Services to you
- carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements
- transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer
- validate your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
- inform you of similar Services we provide, but you may contact us at any time to request that we stop informing you of these.
- Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
Other important terms
- We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
- Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
- If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
- All Contracts are concluded in English only.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- Governing law and jurisdiction
These Conditions and the Contract are governed by the laws of England and Wales and you can bring legal proceedings in respect of the Services in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Services in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in respect of the Services in either the courts of your home country or England and Wales.