LEGAL
This privacy policy sets out how Wintecs collects, uses and protects your personal information.
We are committed to ensuring that your privacy is protected and that all personal data obtained and processed by us is done so in accordance with the General Data Protection Regulations (GDPR) and UK data protection laws.
‘Personal Information’ means data that relates to a natural individual who can be identified from that information or together with other information which is held by or is likely to be held by the company. Whilst GDPR does not cover information that identifies an organisation, it does cover personal and sensitive information relating to individuals within it (e.g. directors, beneficial owners or other controlling officials).
Who are we
The company responsible for the processing of your personal information is Wintecs, The Barn Boskear Lane BODMIN PL31 2RR. This means that we are a ‘data controller’ under the GDPR.
What we might collect
Data is only obtained, processed or stored when we have met the lawfulness of the processing requirements of the GDPR. We may collect the following information to effectively and compliantly carry out everyday business transactions:
- Name.
- Billing and Shipping Addresses.
- Contact details including email address, mobile and landline numbers.
- Financial information including bank details, credit/debit card details (although we do not retain complete card payment information).
- Demographic information such as post code, along with preferences and interests.
- Other information relevant to purchases, surveys and promotions.
How the information is collected
Most of the personal information we hold about you is that which we collect directly from you. Personal data can be collected in one or more of the following ways:
- When you communicate through email, phone or website.
- When you apply to open an account.
- When you register to receive information from us.
- Each time you purchase our products or services.
- If you interact with us, respond to communications or surveys, or enter competitions.
- When you accept cookies on our website.
What we do with the information we gather and the legal basis for processing
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- It is necessary for the performance of a contract between you and us, and essential for our legitimate interests and legal obligations including payment details.
- To process payments and assess financial risks by carrying out credit reference checks, etc.
- Fulfill our obligations owed to a relevant regulator, tax authority or revenue service as is necessary for compliance with our legal and regularity obligations.
- We may use the information to improve our products and services.
- To send communications about new products, services, company news and promotions or other information which we think you may find interesting using the email which you may have provided.
Information sharing
We will not pass personal data to third parties for marketing, sales or any other commercial purposes. We only share personal data where we are required to do so by law, where it is necessary to fulfil our statutory obligations and in limited circumstances with certain third parties acting on our behalf in order to provide a service you have requested from us.
We undertake to share only information which is relevant and necessary for the provision of the relevant service. People we share your information with are obliged to keep your details securely and use them only to fulfil your request.
In limited and necessary circumstances, your information may be transferred outside of the EEA or to an international organisation to comply with our legal or contractual requirements.
If it is necessary to transfer personal information outside of the EEA, we will make sure that it is protected in the same way as if it was being used in the EEA and we will use one of these safeguards:
- Transfer it to a non-EEA country with privacy laws that give the same protection as the EEA.
- Put in place a contract with the recipient that means they must protect it to the same standards as the EEA.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.
If you suspect any misuse or loss of or unauthorised access to your personal information please let us know immediately by emailing the Data Controller at mark@wintecs.co.uk or by calling 01208 892633.
Data Breach
The GDPR defines a personal data breach as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data”.
This includes breaches that are the result of both accidental and deliberate causes. Personal data breaches can include:
- Access by an unauthorised third party.
- Deliberate or accidental action (or inaction) by a controller or processor.
- Sending personal data to an incorrect recipient.
- Computing devices containing personal data being lost or stolen.
- Alteration of personal data without permission.
- Loss of availability of personal data.
If there is a data breach which leads to the loss of highly sensitive data and poses a risk to that data, we will notify the relevant Information Commissioner Office within 72 hours of first becoming aware of that breach. The data subject will also be notified.
How long do we keep personal data?
We will retain your personal data for as long as is necessary to allow us to carry out our business or where appropriate as required to be kept by law, regularity requirements or in in connection with any anticipated litigation.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy policy.
You should exercise caution and look at the privacy statement applicable to the website in question and make sure you are satisfied how that information is collected and shared.
Your rights
Under the GDPR and the Data Protection Act (DPA) 2018 you have a number of rights with regard to your personal data. You have the right to request from us access to and rectification or erasure of your personal data, the right to restrict processing, object to processing as well as in certain circumstances the right to data portability.
- You have the right to obtain access to and copies of personal information we hold about you which you have provided to us, including for the purpose of you transmitting that data to another data controller. We will provide this information at the earliest opportunity, but at a maximum 30 days from the date the request was received.
- Deliberate or accidental action (or inaction) by a controller or processor.
- Where the provision of information is complex or subject to a valid delay, the period may be extended by two further months where necessary and you will be kept informed throughout the retrieval process of the reasons for the delay.
- You have the right to require us to update and amend personal information we hold about you which you have provided to us.
- You have the right to request us not to send you marketing communication.
- You have the right to request us to erase all your personal information (the right to be forgotten).
We have ensured that exercising your right to the above is as clear and straightforward as possible, and can be done so by stating your request in writing to:
The Data Controller
Wintecs
The Barn
Boskear Lane
BODMIN
PL31 2RR
Or by email to mark@wintecs.co.uk
If you no longer wish to receive marketing information from us, this can be done by clicking on the unsubscribe link in the relevant marketing communication or by contacting the data controller above.
Please note that these rights may be limited by data protection legislation, and we may be entitled to refuse requests where exceptions apply. If, for any reason, we are unable to act in response to a request for erasure, we always provide a written explanation to the reasons why.
If you are not satisfied with how we are processing your personal information, you can make a complaint to the Information Commissioner and you can find out more about your rights under data protection legislation from the Information Commissioner's Office website: www.ico.org.uk.
1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Wintecs Window Cleaning Supplies of The Barn Boskear Lane, BODMIN, Cornwall PL31 2RR ("we" and "us") to the customer ("you") and constitute the entire and only agreement between us in relation thereto.
1.2All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
2. Price & Payment
2.1 The price payable for the goods you order is as set out on our web site at the time you place your order and is listed NETT OF VAT or, if you order from one of our catalogues, as set out in the catalogue from which you order provided it is a current catalogue, plus any charges for delivery and insurance as set out in the order form.
2.2 We reserve the right to change the price of commodity goods, such as copper, due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.
2.3 On occasion, the prices payable of goods advertised on our web site may differ from those prices offered in the then current catalogue or in one of our trade counters, and we are under no obligation to honour any web site price if there is such a difference.
2.4 Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.5 Subject to clause 2.6, we must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
2.6 If you are an account customer, payment shall be made in full at the end of 30 days following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the annual rate of 3 per cent over HSBC’s then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement , together with any reasonable legal or other recovery costs. You are responsible for all orders placed by your authorised employees and we are not bound by any individual order limit you may impose on your authorised employees. You must inform us in writing as soon as a relevant employee is no longer authorised by you to place and receive orders.
3. Delivery & Title
3.1 We will deliver the goods in accordance with your order usually within the stated delivery time but certainly within 30 days. In the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery. Before placing your order, please refer to the delivery options set out in our catalogues to ensure that we can deliver to your address. A valid signature will be required on collection or delivery unless you have stated during checkout instructions for our Courier. Items left will be photographed in situ and will become your responsibility at that time. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts.
3.2 For reasons of health and safety and to avoid any property damage, most ‘Big Stuff’ items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.
3.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
3.4 Without prejudice to Clause 3.3, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
4. Availability
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
5. Cancellation & Returns
5.1 You may cancel your order by giving us notice of cancellation within 30 days of the date of delivery to you or collection from a trade counter . Such notice may be given by phone, mail, fax or email. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
5.2 On cancellation for whatever reason, you must return the goods to us at your cost unless we agree that you may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous goods a charge for restocking may also be charged. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return but we ask that you allow us to nominate the carrier. In these instances no restock charge will be made.
6. Liability
PLEASE READ THIS CLAUSE
6.1 If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
6.2 We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
6.3 This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
6.4 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
6.5 If you are a trade customer and s ubject to Clause 6.3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
7. Limited Companies - Guarantee
7.1 Those signing the Trade Credit Account Application Form on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations.
7.2 If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
8. Age Requirement for Specific Goods
Where you place an order for age-restricted goods such as solvents and knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
9. Termination
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
10. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
11. General
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.