sales@spirafix.com tel. +44 (0)1633 890910

Terms & Conditions + Privacy Policy

Spirafix Limited - Terms & Conditions of Sale

1. DEFINITIONS

"Seller" means Spirafix Limited located at Unit 2, 64 Tregwilym Road, Rogerstone, Newport NP10 9EJ UK, company registration number 2760390, VAT No. 595 3755 90.;

"Buyer" means the individual or organisation that buys or agrees to buy the Goods from the Seller;

"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

"Goods" means the articles that the Buyer agrees to buy from the Seller;

"Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

"Consumer" means any customer as defined in section 12 of the Unfair Contract Terms Act 1977;

"Force Majeure Event" means any circumstances beyond the Sellers reasonable control, including (but not limited to) accidents, flood, fire, natural disasters, industrial disputes, as a result of which the Goods are unavailable;

"Order" means the Buyer's request to purchase any Goods from the Seller;

"Price" means that amount quoted in the Seller's current price list from time to time plus delivery costs and any applicable Value Added Tax or other taxes or duties;

"Quotation" means the provision by the Seller to the Buyer in writing of details such as prices, cost of delivery, delivery time etc. for Goods such that the Buyer can place an Order with the Seller;

"Order Confirmation" means the acceptance of an Order by the Seller to purchase Goods by the Buyer, which will be issued in writing and delivered to the Buyer either by mail or electronic means (fax or email).

2. CONDITIONS

Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

Placement of an Order by the Buyer for Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions unless otherwise agreed in writing.

3. QUOTATIONS

A quotation provided by the Seller to the Buyer has a maximum validity of 30 days from the date of the quotation, unless stipulated otherwise in the quotation.

An order from the Buyer shall be deemed to be accepted subject to these conditions and the express terms of the quotation and no qualification or condition contained for quotation, order or other communication from the Buyer shall form any term of the contract unless expressly accepted in writing by the Seller.

The Seller is entitled to refuse any order placed by the Buyer that does not comply with the terms laid out in the Seller's Quotation.

4. ORDERING

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

An Order Confirmation will be raised by the Seller upon receipt of the Buyer's order to confirm acceptance of the order and to confirm the details contained in the relevant quotation.

All orders are accepted subject to the Buyer's credit worthiness as determined by the Seller. The Seller may at its sole discretion, limit, change, modify or cancel the credit of the Buyer both as to time and amount and the Seller reserves the right to cancel any orders placed by the Buyer or refuse or delay shipment if the Buyer's account is overdue, disputed, or fails to meet payment terms or the credit or financial requirements established by the Seller from time to time. Such cancellation, refusal or delay or part shipment shall not constitute termination or breech of any order or agreement or contract by the Seller. The Seller will be not be held responsible for any loss, damage or consequential loss suffered by the buyer.

Orders placed for Goods that are to the Buyer's personal specifications and which therefore cannot be sold to a third party by the Seller, cannot be cancelled once an Order Confirmation has been sent by the Seller.

5. PRICES

Unless otherwise agreed in writing the prices charged will be those ruling at the date of order acceptance. The prices stated on this website are in UK sterling, inclusive of VAT and are ex. Seller's works. Delivery charges quoted are exclusive of VAT.

The Seller reserves the right to adjust the prices and specifications of any Goods advertised.

The Seller also reserves the right to withdraw Goods from sale at any time.

6. DELIVERY

Goods from stock, subject to demand, will be despatched within two working days.

Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and, if paid for, receive a full refund within 7 days.

7. PAYMENT

Payment for Goods purchased by Consumers will be by credit or charge card through the Paypal system, bank transfer, cheque, postal order, or cash if collected from the Seller's premises. All cheques must be in UK£ and drawn on a United Kingdom bank. Goods will not be despatched until payment has been received in the Seller's bank account.

For Buyers holding accounts, unless otherwise agreed in writing in the contract of sale, all invoices are payable to the Seller within 30 days from the date of invoice. Interest on overdue accounts shall be payable at the rate of 4% over the Lloyds TSB Bank plc base rate to run from the due date of payments until receipt of the full amount. The Seller reserves the right to cancel or withhold or suspend the delivery of any further Goods and any other performance by the Seller and terminate all or any part of the contract and any unfulfilled contract with the Buyer. Upon commencement of any proceedings or in which the Buyer's insolvency arises, payments shall become immediately due.

8. TITLE

Legal ownership & title of the Goods supplied by the Seller to the Buyer shall remain vested in the Seller until the Goods are paid for in full and any of the monies due from the Buyer to the Seller have been paid. The Buyer as bailee until then holds the Goods safe in good order and stores separately from its other Goods. The Seller during this period has the right to remove them from the Buyer & dispose of them at the Sellers discretion. Should the Buyer have passed the Goods in part or whole to a third party, this will be deemed to have been done as the Seller's agent only and any monies recovered by the Buyer in respect of such Goods shall be held in trust for the Seller until all monies due to the Seller are paid. Upon the commission of an act of bankruptcy the immediate right to possession of Goods shall forthwith revest in the Seller and all costs occasioned in the said recovery of Goods shall be paid by the Buyer.

9. CANCELLATION AND RETURNS

If you are contracting as a Consumer, you may cancel a Contract at any time within seven working days (the "Cancellation Period"), beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods, subject to the return of the goods unused and with the original packaging.

For non-Consumer purchases, with the Seller's prior consent in writing, the Buyer can return Goods, carriage paid, for credit, provided such Goods are unused and are in original manufacturers packaging, within 30 days from the date of invoice. A minimum restocking charge of 15% will be made. Any Goods supplied as a special order can neither be cancelled nor returned for credit.

10. WARRANTY

The Seller warrants that the Goods will be fit for purpose for the application that they were designed for, provided the Goods have been installed in accordance with the Seller's instructions.

11. LIMITATION OF LIABILITY

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Where the Buyer undertakes to install any Spirafix product, the Buyer assumes the responsibility of ensuring that the site is free from buried services or any impediment that could cause injury or damage.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.


12. WAIVER & SEVERANCE

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice the Seller's rights to do so in the future.

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

13. PRIVACY

All information gathered in the general process of purchasing by the Buyer from the Seller shall be treated in the strictest confidence and not passed onto any third party for any purposes. This information will not be used for any marketing activities undertaken by the Seller at any time.

The website, www.spirafix.com, run by the Seller does uses cookies. The website also uses Google Analytics and uses videos that are located at YouTube. Also all purchases made through this website are processed by PayPal. Further information on their cookie policies can be found on their respective websites.

14. FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

15. INTELLECTUAL PROPERTY RIGHTS

The Buyer will not do, or permit to be done, anything that may detrimentally affect the Seller's copyright, design rights, trade marks or any other intellectual property rights in the Goods.

16. CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

17. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts

PRIVACY POLICY

All information gathered in the general process of purchasing by the Buyer from the Seller shall be treated in the strictest confidence and not passed onto any third party for any purposes. This information will not be used for any marketing activities undertaken by the Seller at any time.

The website, www.spirafix.com, run by the Seller does use cookies. The website does use Google Analytics and uses videos that are located on YouTube. Also all purchases made through this website are processed by PayPal & Sage Pay. Further information on their cookie policies can be found on their respective websites.

At Spirafix we are committed to processing personal information about our customers in ways that comply with our legal obligations as well as being clear with our customers about what we do with their personal information. We share your concern about the protection of your personal information and are committed to safeguarding your privacy.

1. Personal information that we collect

We collect a range of personal information relating to you, including your:
 name;
 email address;
 telephone number;
 credit or debit card information and/or other payment stored by third parties;
 and; any other personal information that you choose to provide to us when you complete our online contact forms or otherwise make contact with us.


2. How we use your personal information

We use your personal information as follows:
 to maintain our relationship with you whilst you are a customer;
 to process orders and provide agreed goods and services to you;
 for invoicing, processing payments, account set up and maintenance;
 to communicate with you, including to respond to information requests /enquiries submitted and/or to obtain your feedback on our products and services;
 for record keeping, statistical analysis and internal reporting and research purposes;
 to ensure data security and to provide you with access to secure areas of our Websites;
 to notify you about changes to our products and services;
 to decide on and notify you about price changes;
 to monitor the quality of our products and services;
 to investigate any complaint you make;
 to provide evidence in any dispute or anticipated dispute between you and us;
 as we may otherwise consider necessary to support the operation of our Websites;
 to obtain credit references, credit checks and for debt collection, fraud detection and prevention and risk management purposes;


Marketing

We may send you direct marketing in relation to our own products and services by phone and post, as long as this is in line with any marketing preferences that you have provided to us.
We will only send you direct marketing in relation to our own products and services by email where you have consented to this; or
 where you have not objected to this, and we are marketing similar products and services to those which were the subject of a previous sale or negotiations of a sale to you.
Your agreement to the use of your personal information for direct marketing purposes is optional and if you choose not to consent, your visit to and use of our Websites will not be affected.
You can choose to opt out of receiving direct marketing information from us at any time, by contacting the us:
 by mail - Spirafix Ltd, Unit 2, 64 Tregwilym Road, Rogerstone, Newport, South Wales, NP10 9EJ.
 by email - sales@Spirafix.com
 by telephone - 01633 890 910


Recruitment

If you choose to apply for a job that is listed on our website, we will ask you to attach a C.V. and a covering letter and e-mail to Sales@spirafix.com and/or call to speak to us. Your information will be stored securely and your personal information will be kept for no longer than is necessary for the purposes for which the personal information is collected.


3. Automated decision making/profiling

Credit Checks
We use technology provided by the credit reference agencies Credit Safe that processes personal information that you provide to us, in order to analyse your creditworthiness, which helps us to decide if we are able to offer you an account, through which you can purchase products and services from Spirafix, by phone, e-mail or online.
If you pass our credit checks, and our other account opening criteria (details of which will be made available to you during the account opening process) you will be entitled to open an account with us and order any of our products and services in accordance with our Terms & Conditions of Sale. If you do not pass our credit checks you will not be able to set up an account but you may still be entitled to order our products or services (in accordance with our Terms & Conditions of Sale) at our discretion, by making payment upfront.


4. Legal basis for processing

In terms of the legal bases we rely on to process your personal information, these are as follows:
 where you have provided your consent: for direct marketing communications in respect of our own products and services, including in respect of marketing communications sent by electronic means (e.g. email);
 for the performance of a contract with you (such as a contract for the provision of good and services) or to take steps at your request prior to entering into this contract;
 to comply with legal obligations, including in relation to health and safety and environmental legislation, performing anti- money laundering, terrorism prevention and sanctions screening checks, complaints and investigations or litigation;
 for our legitimate interests in:
 management of your account (including processing payments) and our relationship with you, and communicating with you
 sending direct marketing in respect of our own products and services where you have not provided your consent and the marketing communication is sent by non-electronic means (e.g. post or telephone); processing orders and supplying our products and services; and
 our internal business purposes which may include processing for the purposes of: record keeping, research, reporting and statistics, data security, to ensure the quality of our products and services, investigating and responding to queries and complaints, obtaining credit references and credit checks, changing our pricing, debt collection, fraud detection and prevention, risk management, recruitment and training of our personnel, and protecting our rights, property and safety (and that of others). You can object to processing carried out on the basis of our legitimate interests at any time by emailing Sales@spirafix.com;
See also "Your Rights - The right to object".


5. How we share your personal information

When we use your personal information for the purposes specified above, we may also share it with other companies
• third party providers in order for us to process payments that are due to us, in doing so we provide bank card details to such providers;
• our accountants, auditors, lawyers or similar advisers when we ask them to provide us with professional advice;
• emergency services in the event that we need to report accidents or incidents or request emergency assistance;
• any Government Department, public body or other third party where we believe in good faith that the law requires this; in the interests of public health and safety; or in order to protect the rights, property, or safety of Spirafix, and its employees or others;
We ensure that, where your personal information is transferred to any country outside the European Economic Area this is done using "model clauses" (standard contractual clauses which have been approved by the European Commission as providing adequate safeguards to enable personal data to be transferred outside the European Economic Area) or other specific legally-approved safeguards. You can request further details and/or a copy of the relevant safeguards here: Sales@spirafix.com ; or by calling 01633 890910.

The performance of services by our third party service provider(s) may be subject to a separate privacy statement provided to you by the relevant third party. You should read any such statement carefully.


6. How long we keep your personal information

We retain your personal information for no longer than is necessary for the purposes for which the personal information is collected. When determining the relevant retention periods, we will take into account factors including:
 legal obligation(s) under applicable law to retain data for a certain period of time;
 statute of limitations under applicable law(s);
 (potential) disputes, and;
 guidelines issued by relevant data protection authorities.
Otherwise, we securely erase your information once this is no longer needed.


8. Links to third party websites

Our Websites contain links to other Internet websites. Unless otherwise explicitly stated, we are not responsible for the privacy practices or the content of such websites, including such sites' use of any personal information. Nevertheless, in the event you encounter any third party associated with our Websites (or who claims association with our Websites) who you feel is improperly collecting or using information about you, please contact Sales@spirafix.com; we will be happy to forward your message to the third party.


9. Security

We use reasonable security methods to protect the personal information that we process, including Internet standard encryption technology ("SSL" or "Secure Socket Layer" technology) to encode personal information that you send to us through our Websites. SSL works by using a private key to encrypt data that's transferred over the SSL connection. To check that you are in a secure area of the Website before sending personal information to us, please look at the top left of your website browser and check that it displays an image of a closed padlock or an unbroken key.
However, please note that whilst we take appropriate technical and organisational measures to safeguard the personal information that you provide to us, no transmission over the Internet can be guaranteed to be secure. Consequently, please note that we cannot guarantee the security of any personal information that you transfer to us over the Internet.


10. Your rights

The following section explains your rights. The various rights are not absolute and each is subject to certain exceptions or qualifications.
We will grant your request only to the extent that it follows from our assessment of your request that we are allowed and required to do so under data protection laws. Nothing in this Privacy Statement is intended to provide you with rights beyond or in addition to your rights as a data subject under data protection laws.
1. The right to be informed
You have the right to be provided with clear, transparent and easily understandable information about how we use your personal information and your rights. This is why we're providing you with the information in this Privacy Statement.
2. The right of access
You have the right to obtain a copy of your personal information (if we're processing it), and other certain information (similar to that provided in this Privacy Statement) about how it is used.
This is so you're aware and can check that we're using your personal information in accordance with data protection law.
We can refuse to provide information where to do so may reveal personal information about another person or would otherwise negatively impact another person's rights.
3. The right to rectification
You can ask us to take reasonable measures to correct your personal information if it's inaccurate or incomplete. E.g. if we have the wrong date of birth or name for you.
4. The right to erasure
This is also known as 'the right to be forgotten' and, in simple terms, enables you to request the deletion or removal of your personal information where there's no compelling reason for us to keep using it or its use is unlawful. This is not a general right to erasure; there are exceptions, e.g. where we need to use the information in defence of a legal claim.
5. The right to restrict processing
You have rights to 'block' or suppress further use of your personal information when we are assessing a request for rectification or as an alternative to erasure. When processing is restricted, we can still store your personal information, but may not use it further. We keep lists of people who have asked for further use of their personal information to be 'blocked' to make sure the restriction is respected in future.
6. The right to data portability
You have rights to obtain and reuse certain personal information for your own purposes across different organisations. This enables you to move, copy or transfer your personal information easily between our IT systems and theirs (or directly to yourself) safely and securely, without affecting its usability. This only applies to your personal information that you have provided to us that we are processing with your consent or to perform a contract which you are a party to (such as pay and compensation services), which is being processed by automated means.
7. The right to object
You have the right to object to certain types of processing, on grounds relating to your particular situation, at any time insofar as that processing takes place for the purposes of legitimate interests pursued by Spirafix or by a third party. We will be allowed to continue to process the personal information if we can demonstrate "compelling legitimate grounds for the processing which override [your] interests, rights and freedoms" or we need this for the establishment, exercise or defence of legal claims.
8. Rights in relation to automated decision making and profiling
You have the right not to be subject to a decision based solely on automated processing (including profiling), which significantly affects you, subject to some exceptions. Where this is the case, you have the right to obtain human intervention, voice your concerns and to have the decision reviewed.


11. Updating this statement

We review our privacy practices from time to time. We ask that you bookmark and periodically review this page for updates to our Privacy Statement. We reserve the right to modify this policy effective seven (7) days after the posting of the revised Privacy Statement.


12. Contact us

For further information regarding these rights, about this Privacy Statement generally or to make a complaint please contact our Data Protection Officer at Sales@Spirafix.com; or by calling 01633 890 910. Please provide as much information as possible to help us identify the information you are requesting the action you are wanting us to take and why you believe this action should be taken.
Before assessing your request, we may request additional information in order to identify you. If you do not provide the requested information and, as a result we are not in a position to identify you, we may refuse to action your request.
We will generally respond to your request within one month of receipt of your request. We can extend this period by an additional two months if this is necessary taking into account the complexity and number of requests that you have submitted.
We will not charge you for such communications or actions we take, unless:
 you request additional copies of your personal data undergoing processing, in which case we may charge for our reasonable administrative costs, or
 you submit manifestly unfounded or excessive requests, in particular because of their repetitive character, in which case we may either: (a) charge for our reasonable administrative costs; or (b) refuse to act on the request.

If after contacting Spirafix Limited you are still unhappy you may also complain to the Information Commissioner, all contact details are available on the Information Commissioner's Website:

ICO Link Here

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