‘We, Us, Our’ Incendo Europe ltd trading as The Promo Store
‘You, Your’ the person, company or firm who purchases the goods / services from us
‘Contract’ the contract between you and us for the sale and purchase of goods and/or services as more particularly defined below in clause 1.1.
- GENERAL AND CONTRACT INFORMATION
1.1: An order by you shall constitute your offer to purchase the goods and/or services from us in accordance with these terms and conditions. The contract between us shall not come into existence until the date that we provide you with written confirmation of our acceptance of your order (the “Contract”).
1.2: These terms and conditions apply to the Contract to the exclusion of any other terms that you may put forward, seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.3: Any variation of these terms need to be approved in writing by us prior to the commencement of the Contract.
- PAYMENT TERMS
Payment is required before any order is processed unless credit facilities have been approved with us in advance of the second order. First orders always require full payment. Payment on pre-approved credit accounts shall be made in full within 30 days of invoice. Credit facilities may be withdrawn without notice.
- 3. DISCOUNT
Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the rights to invoice any such discounts to accounts, which become overdue.
- PASSING OF TITLE AND RISK
4.1: The risk in the goods shall pass to you on delivery.
4.2: All goods, delivered or not, remain our property until payment is received in full.
4.3: Pursuant to clause 4.2, until such time as payment in full is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account on trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purposes.
- PRODUCT SPEC & PRICES
5.1: We reserve the right to alter any prices or detail or design of products illustrated without notice.
5.2: Any drawings, descriptions or illustrations contained on our website are produced for the sole purpose of giving an approximate idea of the goods referred to in them and while every effort is made to describe goods accurately on the website, no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
5.3: You remain fully responsible for ensuring that all measurements, logos and/or graphics are correct and accurate. We shall in no way be responsible for any such errors or inaccuracies. By submitting your order to us, you undertake to us that you have the right or full permission to use any logos which are contained in your order specification. We shall in no way be liable to any third party for your unauthorised use of such logos or imagery and you hereby fully indemnify us against any such claim or liability
5.4: Where applicable all prices quoted are subject to V.A.T at the current rate.
- QUOTATIONS AND CONTRACTS
Orders are accepted subject to our right to adjust prices quoted to take account of any charges in the law or government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today’s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you. All quoted prices are subject to site of artwork and stock availability. E & OE.
7.1: Every effort will be made to deliver on time, but any delivery date specified is approximate only. Time is not of the essence and no liability is accepted for any loss arising from delay or error in the delivery of the goods.
7.2: All deliveries will be charged at the prevailing rates applying at the dates of such delivery.
7.3: Special express deliveries can usually be arranged but will usually be subject to additional charges (e.g. Express print charges and Express delivery charges) which will be charged to you at current quoted rates.
7.4: We shall not be liable for any delay in delivery of the goods or performance of any services that is caused by a Force Majeure Event (see clause 15 below) or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods or performance of services.
- QUANTITY VARIATION
We shall be deemed to have fulfilled our contract by delivery of a quantity within 10% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
- ACCEPTANCE OF THE GOODS
9.1: You must examine all goods delivered at the time of delivery and notify us as soon as practicable after delivery of any goods that have been damaged in transit or where there has been a partial loss of goods. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted in the delivery note at the time of delivery.
9.2: You must notify us as soon as practicable after delivery (and no later than 4 days after delivery) of any goods which you believe do not confirm with the Contract. You agree to give us a reasonable opportunity of examining such goods and shall agree that we may, at our option, replace any defective goods, or refund the price of the defective goods. We shall not be liable for goods’ failure to comply with Contract where:
(a) the defect arises because you have failed to follow any oral or written instructions as to the storage of the goods or (if there are none) good trade practice regarding the same;
(b) the defect arises as a result of your wilful damage, negligence, or abnormal storage or working conditions by you; or
(c) the defect arises as a result of our following any drawing, design or specification which you have supplied to us.
9.3: The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
10.1: Nothing in these terms shall limit or exclude our liability for death; personal injury; fraud or fraudulent misrepresentation.
10.2: Subject to clause 9 and this clause 10 we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
10.3: Subject to clause 9 and this clause 10 our total liability to you shall, in respect of all other losses arising under or in connection with the Contract, be limited to the value of the Contract.
10.2: If you fail to give notice of rejection of any goods in accordance with clause 9 you shall be deemed to have accepted the goods and we can accept no responsibility unless you have fully complied with the notification procedure set out in clause 9.
10.3: Nothing in these terms and conditions shall affect the statutory rights of the consumer.
- CANCELLATION CHARGES
Once the Contract has been formed between us pursuant to clause 1.1, we reserve the right to levy an administration charge on any cancelled orders, together with a charge in respect of all work carried out up to the date of written cancellation.
- OVERDUE ACCOUNTS
12.1: No goods will be delivered on accounts which remain unpaid 14 days after payment is due. Invoices not paid by the due date may be charged interest at 2% per month calculated on a daily basis until payment has received and cleared into our bank account. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you.
12.2: We reserve the right to charge you for any legal collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
13 QUANTITY CHANGES TO ORDER
Any change in the quantity of an order must be made in writing to us prior to commencement of processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
- ARTWORK AND PRINTING
14.1: All artwork and printing charges will be levied where necessary unless previously stipulated by us.
14.2: Where applicable the prices shown include printing one colour one position from camera ready artwork supplied. For additional positions or colours of printing please phone to obtain an exact quotation. The standard printing colours are detailed in the current brochure.
- FORCE MAJEURE
15.1: We will not be held responsible for failure or delay in the carrying out of our obligations under the Contract arising out of or in connection with an event or circumstance which is outside or beyond our reasonable control or by inability to procure materials or articles except at higher prices due to any such circumstances.
15.2: Where we are unable to perform our obligations under the Contract pursuant to clause 15.1 for more than 6 weeks we shall be entitled by notice to terminate the Contract in whole or in part without incurring any liability whatsoever to you.
- MONITORING OF CALLS
For security and training purposes telephone calls may be recorded.
17.1: We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
17.2: If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the terms.
17.3: A person who is not a party to the Contract shall not have any rights to enforce its terms.
17.4: Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is issued in writing by us.
17.5: The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
The Promo Store understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our clients and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
- Information About Us
Incendo Europe Ltd trading as The Promo Store.
A Limited Company registered in England under company number 08641724.
8a, Wingbury Courtyard Business Village, Wingrave, Bucks HP22 4LW
Main trading address:
Parkshot House, 5 Kew Road, Richmond, Greater London, TW9 2PR
VAT number: 167748853
Data Protection Officer: Mr Simon Canner.
Email address: email@example.com
Telephone number: 0208 334 4774.
- What Does This Notice Cover?
This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
- What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that we use is set out in Part 5, below.
- What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
- The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
- The right to access the personal data we hold about you. Part 10 will tell you how to do this.
- The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
- The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we Please contact us using the details in Part 11 to find out more.
- The right to restrict (i.e. prevent) the processing of your personal data.
- The right to object to us using your personal data for a particular purpose or purposes.
- The right to data portability. This means that you can ask us for a copy of your personal data held by us to re-use with another service or business in many cases.
- Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
- What Personal Data Do You Collect?
We may collect some or all of the following personal data (this may vary according to your relationship with us).
- Company Name and Address
- Email address
- Telephone number
- Job title
- Invoice information
- How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:
- Supplying our products and/or services to you. Your personal details are required in order for us to enter into a contract with you.
- Personalising and tailoring our products and/or services for you.
- Communicating with you. This may include responding to emails or calls from you.
- Supplying you with information by email that you have opted-in to (you may unsubscribe or opt-out at any time by emailing firstname.lastname@example.org).
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone with information, news, and offers on our products and/or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
- How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for no longer than 1 calendar year, unless using our services on a regular basis where information will need to be retained for reference.
- How and Where Do You Store or Transfer My Personal Data?
We will only store your personal data in the UK. This means that it will be fully protected under the GDPR.
- Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to one important exception.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
- How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email address in Part 11.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request.
- How Do I Contact You?
To contact us about anything to do with your personal data and data protection, please use the following details for the attention of Simon Canner
Email address: email@example.com
- Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be made available on our website www.thepromostore.co.uk