Terms and Conditions
TERMS AND CONDITIONS OF SUPPLY
This page (together with any documents referred to on it) tells you the terms and conditions (Conditions) on which we supply any of the goods (Goods) listed on our website www.shelvingdirect.co.uk (our site), including any non-standard items by virtue of size, material or colour which are manufactured to the customer’s requirements (Bespoke Goods). These Conditions shall govern any contract for the supply of Goods listed on our site which is made at a distance between us and any customer (you) by any method, including telephone and email and also via our site. You must tick the checkbox if you wish to be able to order Goods via our site.
It is important to read and understand these Conditions before placing your order. By placing your order, you agree to be bound by these Conditions.
1. INFORMATION ABOUT US
www.shelvingdirect.co.uk is a site owned and operated by Rotadex Systems Limited, Trading as ShelvingDirect (we). We are registered in England and Wales under company number 00527785 with our registered office and main trading address at Systems House, Central Business Park, Mackadown Lane, Birmingham, West Midlands, B33 0JL, United Kingdom.
2. SERVICE AVAILABILITY
2.1 Whilst we endeavour to ensure that our site is available 24 hours a day for 7 days per week, we shall not be liable if for any reason our site is unavailable at any time or for any period.
2.2 Access to our site may be suspended temporarily and without notice in any instance of system failure, maintenance or repair, or for reasons beyond our control.
2.3 Responsibility for the security of any password issued to you rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
2.4 It is prohibited to access our site from territories where its contents are illegal or unlawful. If you access this site from a location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Orders for any of the Goods listed on our site may be placed by you by telephone, email, or via our site. After placing an order, you will normally receive an e-mail from us confirming acceptance of your order, although for orders placed by telephone, your order may be verbally accepted by us at the time that it is placed. Acceptance either verbally or in writing pursuant to this clause 4.1 shall constitute confirmation of our acceptance of your order (Confirmation of Acceptance). The contract between us (Contract) will only be formed when you receive our Confirmation of Acceptance.
4.2 The Contract will relate only to those Goods confirmed in our Confirmation of Acceptance. We will not be obliged to supply any other Goods which may have been part of your order until such Goods have been confirmed in a separate Confirmation of Acceptance.
4.3 Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these Conditions.
4.4 You must ensure that the terms of your order and any applicable specification are complete and accurate.
4.5 These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions.
4.6 We reserve the right to correct any typographical or clerical error or omission in any sales literature, price list, quotation, Confirmation of Acceptance, specification, invoice or other document or information issued by us, without any liability on our part.
4.7 Information appearing on our site or contained in catalogues, brochures or in any other publicity material is only an approximation for which we shall not be liable and may be varied or amended by us at any time without notice. Photographs and images of the Goods may not be an accurate representation of the Goods. Any advice provided by us shall be provided without liability to you.
4.8 Material finishes and product colours shown on our site are for illustrative purposes only and can vary when viewed on differing computer equipment. For this reason, we cannot guarantee that your computer monitor will accurately reflect the true colour and finish of the Goods.
4.9 We reserve the right without prior approval from or notice to you to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements or which, in our reasonable opinion, do not materially affect the specification of the Goods.
4.10 All Goods are supplied on condition that you undertake at all times to take notice of and comply with all instructions, statements and recommendations issued with or relating to the Goods and to take all reasonable and prudent precautions as to the assembly, installation and use thereof. We shall not be liable to you or to any third party for any loss or damage which arises from your improper assembly or installation of the Goods, or from your misuse of the Goods.
4.11 All intellectual property rights in relation to the Goods and any associated design software and designs, data sheets, packaging and literature are and shall remain (as between you and us) our sole and exclusive property and no licence (except in relation to any reasonable use for which the Goods are supplied) shall be implied. Where we agree to undertake a survey of your premises under the Contract, all intellectual property rights in any plans, drawings or other materials prepared by us in connection with the survey shall vest solely in ourselves and no copying, duplication, dissemination or additional use of any such plans, drawings or other materials shall be permitted without our prior written authorisation.
5. CONSUMER RIGHTS
5.1 For the purposes of these Conditions, you shall be contracting as a consumer if you are not acting for the purposes of your business, trade or profession in purchasing Goods from us. All other customers shall be contracting as business customers. If you are contracting as a consumer, you may cancel a Contract (without giving any reason for cancellation) at any time within the period:
(a) beginning upon the submission of your order; and
(b) ending at the end of 14 days after the day on which the Goods come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the Contract is for delivery of multiple Goods, lots or pieces of something, 14 days after the day on which the last of those Goods, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).
5.2 In order to cancel a Contract on the basis described in clause 5.1, you must inform us of your decision to cancel. You may inform us by means of any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
5.3 You must send the Goods back to us or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this clause 5.3 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the Contract. You must pay the direct cost of returning the Goods.
5.4 If you cancel a Contract on the basis described in clause 5.1, you will receive a full refund of the amount you paid to us in respect of the order, including the cost of delivery to you.
5.5 If the value of the Goods returned by you is diminished by any amount as a result of the handling of those Goods by you beyond what is necessary to establish the nature, characteristics and functioning of the Goods, we may recover that amount from you up to the full price of the Goods. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a store will be "beyond what is necessary to establish the nature, characteristics and functioning of the Goods" for these purposes.
5.6 Unless we have offered to collect the Goods, we will process a refund due to you as a result of a cancellation on the basis described in clause 5.1 within the period of 14 days after the day on which we receive the returned Goods. If we have not sent the Goods to you at the time of cancellation or have offered to collect the Goods, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
5.7 You will not have the right to cancel a Contract on the basis described in clause 5.1 in respect of:
(a) any Bespoke Goods;
(b) any Goods which have been assembled or installed prior to cancellation.
5.8 Furthermore, if you arrange with us to have the Goods assembled or installed, you agree that assembly or installation of the Goods by us may commence before the expiry of the period referred to in clause 5.1 and you acknowledge that if assembly or installation of the Goods does begin before the end of the period referred to in clause 5.1, then you will lose the right to cancel referred to in clause 5.1.
5.9 If you require clarification regarding the nature of the Goods which you wish to purchase, you should contact our sales office by telephone on 0121 508 5877 or by email at www.shelvingdirect.co.uk for details before placing your order.
6. AVAILABILITY AND DELIVERY
6.1 All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you if we have insufficient stock to deliver the Goods you have ordered.
6.2 The price of the Goods excludes delivery charges, which are detailed on the following page of our site. www.shelvingdirect.co.uk/delivery
6.3 Our standard delivery time for stock items is 3-5 working days, subject to stock availability. Delivery lead times for large orders and any order for Bespoke Goods will be confirmed in our Confirmation of Acceptance.
6.4 Please contact our sales office by telephone on 0121 508 5877 or by email at firstname.lastname@example.org if you wish to place an order for delivery outside the United Kingdom.
6.5 Nothwithstanding any delivery times detailed in clause 6.3, in no event shall we be liable for any delay in delivering the Goods, howsoever caused.
6.6 We may deliver the Goods by separate instalments. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.
6.7 We will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery.
6.8 Any attempted delivery which is refused at the delivery address or which, through no fault of our own, cannot be delivered at the delivery address, will be returned. In this case a re-delivery charge will be applied. The amount of the re-delivery charge depends on the carrier used to effect re-delivery.
6.9 All Goods must be inspected immediately while the delivery driver is still present. If found to be damaged the Goods must be refused, otherwise claims cannot be entertained. Please write "Refused due to damage" on the consignment note and hand the Goods back to the driver.
6.10 Without prejudice to the provisions of clause 6.9, if we, acting reasonably, are satisfied that the deficiency in the Goods would not have been reasonably apparent to you upon delivery of the Goods to you, or that the deficiency in the Goods only manifested itself following delivery of the Goods to you, then the provisions of clause 9.1 (b) (ii) will apply.
6.11 In the event that you are in breach of the Contract, we reserve the right to refuse to supply you with any additional Goods, or to suspend the delivery of any Goods, without limiting any other remedy available to us. We may exercise this right until such time as the breach has been remedied, where such breach is remediable.
7. RISK AND TITLE
7.1 The Goods will be at your risk from the time that we dispatch the Goods to you. We shall not be liable for any damage occurring to the Goods during delivery, notwithstanding any liability placed upon us by these Conditions for damage to the Goods.
7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including any applicable carriage charges.
7.3 If you are contracting as a business customer, ownership of the Goods will only pass to you upon:
(a) our receipt of the sums detailed in clause 7.2 above, together with
(b) all other sums which are or which become due to us from you on any account.
7.4 Until ownership of the Goods has passed to you, if you are contracting as a business customer, you must:
(a) store the Goods (at no cost to us) separately from all your other goods and any goods of any third party in such a way that they remain identifiable as our property;
(b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the Goods in satisfactory condition and keep it insured on our behalf for the full price of the Goods against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us; and
(c) hold the proceeds of the insurance referred to in sub-clause (b) on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.5 If you are contracting as a business customer, your right to possession of the Goods shall terminate immediately, if:
(a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or be obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or you cease to trade, or you encumber or in any other way charge the Goods.
7.6 If you are contracting as a business customer and if:
(a) you are late in paying for the Goods; or
(b) you are late in paying for any other goods or services supplied by us; or if
(c) before title to the Goods passes to you, you become subject to any of the events listed in clause 7.5 (a) or (b), or we reasonably believe that any such event is about to happen and notify you accordingly, then:
(d) without limiting any other right or remedy we may have, we may at any time require you to deliver up the Goods and, if you fail to do so promptly, we may (during normal business hours and with or without vehicles) enter any premises of yours or of any third party where the Goods are stored or kept in order to recover them. You shall not keep the Goods at any premises other than such premises as shall be specified in writing by you to us prior to the dispatch of the Goods to you, or at any premises at which you do not have the right to grant access to us.
8. PRICE AND PAYMENT
8.1 The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.
8.2 All prices are supply only. Assembly or installation is available subject to quotation. Please contact our sales office by telephone on 0121 508 5877 or by email at email@example.com to receive a quotation for assembly or installation.
8.3 We reserve the right to charge a bespoke fee on any order for Bespoke Goods, which will either be charged in addition to the price of the Goods or factored into the price of the Goods.
8.4 All prices exclude any applicable VAT.
8.5 Prices are liable to change at any time, but changes will not affect orders for which you have already received a Confirmation of Acceptance.
8.6 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
8.7 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after you have received our Confirmation of Acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
8.8 We accept payment by Visa, Mastercard and Maestro and via PayPal, Sage Pay and Amazon Pay.
8.9 You can enter your payment details at checkout; you can also contact our sales office by telephone on 0121 508 5877 or by email at firstname.lastname@example.org to place your order.
8.10 As part of the order process, security checks may be applied and your card details, including your address will be checked. This process may include passing your details to a third party fraud checking company. From time to time, we may require further details before processing your order.
8.11 Payment can alternatively be made by Bank Transfer. Please contact our sales office by telephone on 0121 508 5877 or by email at email@example.com for bank details and then send payment with an order reference number.
8.12 Cheques are also accepted and must be made payable to Rotadex Systems Limited and sent to Systems House, Central Business Park, Mackadown Lane, Birmingham, West Midlands, B33 0JL, United Kingdom.
9. OUR REFUNDS POLICY
9.1 When you return Goods to us:
(a) because you are contracting as a consumer and you have cancelled the Contract between us within the period referred to in clause 5.1, we will process the refund due to you in accordance with the provisions of clause 5.6, subject always to the provisions of clauses 5.7 and 5.8;
(b) for any other reason, returns will be subject to the following process:
(i) returns of non-faulty Goods by business customers under this clause 9.1 (b) (i) shall only be refunded or replaced if you contact us within 3 working days of receipt of the Goods, informing us of your wish to return them. The Goods must be returned in accordance with our standard authorisation procedure (please contact our sales office by telephone on 0121 508 5877 or by email at firstname.lastname@example.org for details). Without limitation, you must take reasonable care of the Goods in your possession and the Goods must be returned at your risk, in the same condition in which you received them and securely re-packed in their original packaging. The following charges will be levied:
(A) a handling charge of 15% of the invoiced value of the Goods;
(B) the delivery and return carriage costs; and
(C) there will be an additional charge for re-boxing, if the original packaging is not in a suitable condition for re-stocking.
Any non-faulty Goods which are Bespoke Goods and/or which have been assembled or installed may not be returned.
(ii) without limiting any of the provisions of clause 6.9, if you wish to return Goods to us because they are damaged or defective, or do not materially conform to their specification, any such damage, defect or nonconformity must be notified to us as soon as possible, but in any event within 30 days of receipt of the Goods and no further use of the Goods must be made following discovery of the damage, defect or nonconformity. We will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the damaged, defective or nonconforming Goods. Goods returned by you because of damage, defect or nonconformity will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 You have an obligation to take reasonable care of the Goods whilst they are in your possession. The consequences of failing to discharge this obligation with respect to any Goods to which clause 9.1 (a) applies are set forth in clause 5.5; we may also, at our discretion and without limitation, refuse to refund, repair or replace any Goods to which clause 9.1 (b) applies if we consider that you have failed to discharge this obligation.
9.4 In accordance with clause 9.3, you must not make any improper use of, or make any unauthorised modifications or repairs to, the Goods, and you must otherwise take reasonable care to avoid any risk of damage occurring to the Goods by any means.
9.5 Notwithstanding those provisions of clause 10.1 (a) which relate to Goods being reasonably fit for purpose, unless otherwise agreed by us in writing in any particular instance, you shall be solely responsible for selecting Goods which are suitable for use for the specific purpose for which they are to be used.
9.6 For the avoidance of doubt, if any failure to discharge the obligation in clause 9.3 results in any loss or damage pursuant to clause 10, any such loss or damage may be considered as having been caused by you or contributed to by you.
9.7 Certain Goods benefit from a 10 year structural guarantee. Details of the guarantee may be obtained by contacting contact our sales office by telephone on 0121 508 5877 or by email at email@example.com
10. OUR LIABILITY
10.1 If you are contracting as a consumer:
(a) we warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied; but
(b) we shall only be liable to you for:
(i) losses that are caused as a result of any breach of Contract by us (up to the value of the purchase price of the Goods you purchased); and
(ii) losses that are caused as a result of our negligence; and
(c) we shall not be liable for any loss pursuant to clause 10.1.(b) if:
(i) any such loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or
(ii) any such loss (or any part thereof) was caused by or contributed to by your breach of any of these Conditions; and
(d) for the avoidance of doubt, we shall not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) howsoever arising and whether caused by breach of contract, negligence, or otherwise.
10.2 If you are contracting as a business customer:
(a) all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law;
(b) without limiting the generality of clause 10.2.(a), we shall not be liable to you if any monies due from you to us have not been paid in full;
(c) without prejudice to any of the provisions of this clause 10.2, we shall have no liability to you for any:
(i) consequential losses;
(ii) loss of profits and/or damage to goodwill;
(iii) economic and/or other similar losses;
(iv) special damages and indirect losses;
(v) business interruption, loss of business, contracts and/or opportunity; and/or
(vi) inconvenience, delay or loss of production;
(d) without limitation to any of the foregoing, our aggregate liability to you (whether for breach of Contract or for negligence or otherwise howsoever), for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed the price of the Goods purchased from us; and
(e) without limitation or prejudice to any of the foregoing, you shall indemnify and hold us, our partners, affiliates, officers and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising from any breach of the Contract by you, or the infringement by you, or anybody else using your account, of any intellectual property or other right of any person or entity.
10.3 Nothing in these Conditions shall exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This clause does not affect your statutory rights.
All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You shall not assign or delegate all or any of your rights or obligations under the Contract without our prior written consent, such consent not to be unreasonably withheld.
13.3 We reserve the right to assign, subcontract or transfer all or any of our rights and obligations under the Contract to any person, firm or company without notice to you.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the pendency of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these 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 such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
18. INFORMATION APPEARING ON OUR SITE
18.1 Commentary and other information, materials, text and/or images appearing on our site are not intended to be relied upon nor to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information by any visitor to our site, or by anyone who may be informed of any of its contents.
18.2 We, our suppliers and our licensors own the copyright, trademarks and all other intellectual property rights in all material and content on our site, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.
18.3 You may be able to link to other websites through our site. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
18.4 You may not create any link to our site without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
19. OUR RIGHT TO VARY THESE CONDITIONS
19.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before you receive our Confirmation of Acceptance.
20. LAW AND JURISDICTION
The Contract will be governed by English law. Any dispute arising from or related to the Contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales..
1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 In this policy, "we", "us" and "our" refer to Rotadex Systems Limited trading as ShelvingDirect. For more information about us, see Section 13.
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. How we use your personal data
3.1 In this Section 3 we have set out:
(a) the general categories of personal data that we may process
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing
3.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent OR our legitimate interests, namely monitoring and improving our website and services.
3.3 We may process your account data ("account data"). The account data may include your name and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.
3.5 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.6 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
3.7 We may process information relating to our customer relationships, including customer contact information ("customer relationship data").The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is consent OR our legitimate interests, namely the proper management of our customer relationships.
3.8 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
3.9 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.10 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
3.11 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.12 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
3.13 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3.14 Please do not supply any other person's personal data to us, unless we prompt you to do so.
4. Providing your personal data to others
4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.3 We may disclose personal data such as your name, email address, telephone number and address to our suppliers or subcontractors insofar as reasonably necessary for the fulfillment of your order(s) with us.
4.4 Financial transactions relating to our website and services are handled by our payment services providers, SagePay and First Data. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
4.6 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. International transfers of your personal data
5.1 The hosting facilities for our website are situated in the United Kingdom.
5.2 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 We will retain your personal data as follows:
(a) Your name, email address, telephone number and address will be retained indefinitely in order to both facilitate the processing of your order(s) and retain vital information relevant to any possible future order(s) you may place. Your financial data such as credit card numbers are not retained by us.
6.4 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 We may notify you of significant changes to this policy by email.
8. Your rights
8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.
9. About cookies
9.1 A cookie is a file containing an identifier a string of letters and numbers that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
10. Cookies that we use
11. Cookies used by our service providers
12. Managing cookies
12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
12.2 Blocking all cookies will have a negative impact upon the usability of many websites.
12.3 If you block cookies, you will not be able to use all the features on our website.
13. Our details
13.1 This website is owned and operated by Rotadex Systems Limited trading as ShelvingDirect.co.uk
13.2 Rotadex Systems Limited is registered in England and Wales under registration number 00527785 and our registered office is at Systems House, Central Business Park, Mackadown Lane, Birmingham B33 0JL.
13.3 Our principal place of business is at Systems House, Central Business Park, Mackadown Lane, Birmingham B33 0JL.
13.4 You can contact us:
(a) by post to the address given above
(b) using our website contact form
(c) by telephone on 0121 783 7411 or 0121 508 5877
(d) by email to firstname.lastname@example.org or email@example.com
14. Data protection officer
14.1 Our data protection officer's contact details are William White, Managing Director, Rotadex Systems Limited, Systems House, Central Business Park, Mackadown Lane, Birmingham B33 0JL. Telephone 0121 783 7411.