PRIVACY POLICY, TERMS AND CONDITIONS
Privacy Policy
1. INTRODUCTION
- We are committed to safeguarding the privacy of our website visitors and service users.
- 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.
- In this policy, “we”, “us” and “our” refer to 1stbox. For more information about us, see Section 9,
2. HOW WE USE YOUR PERSONAL DATA
- In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal bases of the processing. - 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 our analytics tracking system. 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.
- We may process your account data (“account data“). 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 our legitimate interests, namely the proper administration of our website and business.
- 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.
- 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.
- 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.
- 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.
- In addition to the specific purposes for which we may process your personal data set out in this Section 2, 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.
- Please do not supply any other person’s personal data to us, unless we prompt you to do so.
3. PROVIDING YOUR PERSONAL DATA TO OTHERS
- Financial transactions relating to our website and services are handled by our payment services providers, HSBC. 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.
- In addition to the specific disclosures of personal data set out in this Section 3, 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.
4. RETAINING AND DELETING PERSONAL DATA
- This Section 4 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.
- 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.
- We will retain your personal data as follows:
(a) packaging specifications will be retained for a minimum period of 12 months following order date, and for a maximum period of 36 months following last order. - In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
(a) the period of retention of How long a customers stockholding is kept will be determined based on no call off’s for 6 months. - Notwithstanding the other provisions of this Section 4, 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.
5. AMENDMENTS
- We may update this policy from time to time by publishing a new version on our website.
- You should check this page occasionally to ensure you are happy with any changes to this policy.
- We may notify you of changes to this policy by email or through the private messaging system on our website.
6. YOUR RIGHTS
- In this Section 6, 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.
- 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. - 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. You can find information about the payment services providers’ privacy policies and practices at [URLs].
- 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.
- 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.
- 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.
- 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.
- 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.
- 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. - 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.
- 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.
- You may exercise any of your rights in relation to your personal data by written notice to us.
7. COOKIES USED BY OUR SERVICE PROVIDERS
- Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
- We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.
- We use [identify service provider] to [specify service]. This service uses cookies for [specify purpose(s)]. You can view the privacy policy of this service provider at [URL].
8. MANAGING COOKIES
- 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) https://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). - Blocking all cookies will have a negative impact upon the usability of many websites.
9. OUR DETAILS
- This website is owned and operated by A1 House Moving Boxes (midlands) Ltd.
- We are registered in England and Wales under registration number 4269424, and our registered office is at Unit A3, Ashteen Industrial Estate, Oxleasow Road, Redditch, B98 0RE.
- Our principal place of business is at Unit A3, Ashteen Industrial Estate, Oxleasow Road, Redditch, B98 0RE.
- You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
Terms and Conditions
1. INTERPRETATION
In these Conditions:
- “Buyer” means the person who enters into a Contract with the Seller
- “Conditions” means the standard conditions set out below and (unless otherwise stated( includes any special conditions agreed in writing between the Seller and the Buyer.
- “Contract” means a contract for the sale and purchase of Goods made between the seller and the Buyer
- “Goods” means the goods and any services (including any instalment of the Goods or any part of them) described in the Contract
- “Price” means the price of the Goods
- “Seller” means 1stbox
2. BASIS OF THE SALE
- These conditions shall govern any Contract to the exclusion of any other terms and conditions
- No variation to these Conditions shall be binding unless confirmed in writing by a director of the Seller
- The Seller’s employees or agents are not authorised to make any representation concerning the Goods unless authorised by a director of the Seller.
3. ORDERS AND SPECIFICATIONS
- No order submitted by the Buyer shall bind the Seller until confirmed in writing by an authorised representative of the Seller.
- Forms and stereos will be charged for as additional items unless otherwise stated.
- The Seller may charge on a part cost basis or otherwise for sketches, plates, dies, tooling or samples delivered to the Buyer and the Buyer shall return any such item upon demand unless legal title has passed to it and shall keep confidential all design and other aspects of such items.
- Charges for manufacture of or modifications to tooling at the Buyer’s request shall be paid upon approval of samples.
- Any specifications or other information in writing or otherwise provided by the Seller in respect of Goods shall only form part of the contract where expressly stated and warranted or guaranteed by the Seller in writing provided that any specified dimensions are for Contract purposes subject to a tolerance of plus or minus 7mm and subject to a weight difference of plus or minus 7.5%.
- Where Goods are to be manufactured by the Seller in accordance with a specification or using materials submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses of whatever nature incurred by the Seller in connection with such manufacture.
- The Seller reserves the right to make any changes in the specification of the Goods which do not materially affect their quality or performance.
- No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of a director of the Seller and the Buyer shall indemnify the Seller in full against all loss, damages, costs and expenses (including design, tooling or machinery costs), incurred by the Seller as a result of cancellation.
- The Seller may dispose of any item, including tooling or machinery, used solely for production of Goods ordered by the Buyer in the event that no orders requiring use of such items are made by the Buyer in any period of 12 months
- The copyright in all drawings, samples and finished product belongs to the Seller and the Buyer shall not breach such copyright by disclosure to a third party, copying, reprinting or otherwise without the Seller’s written consent.
4. PRICE OF THE GOODS
- The Price shall be the price specified in the Seller’s quotation unless otherwise varied by written agreement.
- All Prices quoted are valid for 30 days only unless otherwise stated in the Contract.
- By giving notice to the Buyer at any time before delivery, the Seller may increase the Price to reflect any increase in the cost of the Contract to the Seller due to any factor beyond the Seller’s control.
- Unless otherwise stated delivery costs and related insurance are included in the Price.
- The Price is exclusive of Value Added Tax
- The Seller may charge the cost of pallets and returnable containers to the Buyer in addition to the Price, but full credit will be given to the Buyer provided they are returned undamaged to the Seller before the due payment date.
5. TERMS OF PAYMENT
- The Seller may upon delivery invoice the Buyer for the Price including any instalment
- The Buyer shall pay the amount of the Seller’s invoice as specified on acceptance of order, payment will be due 30 days after end of the month that the goods were delivered in.
- If the Buyer fails to make payment for the whole or any instalment of the Goods on the due date the Seller (without prejudice to any other remedy available to it) may:
- cancel the Contract and suspend any further deliveries to the Buyer
- invoice the Buyer immediately for all costs incurred to date in respect of work in progress for the Buyer
- appropriate any payments made by the Buyer to such of the Goods (or to goods supplied under any separate contract) as the Seller may think fit;
- charge the Buyer interest (both before and after any judgment) on the amount unpaid at the rate of 5 per cent per annum above HSBC BANK PLC base rate from time to time until payment in full is made; and
- exercise a lien for the amount outstanding under the Contract over any property of the Buyer in the possession of the Seller.
6. DELIVERY
- Unless otherwise stated in the Contract delivery of the Goods shall be deemed to have been made upon completion of off-loading at the place of delivery nominated by the Buyer in writing
- Time for delivery shall not be fundamental to the Contract unless otherwise agreed by the Seller in writing
- The Seller reserves the right to deliver up to 10 per cent more or 10 per cent less than the quantity of Goods ordered as proper performance of the Contract and any surplus or deficiency shall be charged or allowed at the Contract rate.
- Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated
- If the Seller fails to deliver the Goods on or after the agreed delivery date for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar replacement goods over the price of the Goods
- If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions then, without prejudice to any other remedy available to the Seller, the Seller may
- store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
- after one month from the due delivery date sell the Goods at the best price readily obtainable and(after deducting all reasonable storage and selling expenses) charge the Buyer for any shortfall below the Price
- If the Contract provides for stock holding by the Seller on behalf of the Buyer, where no movement of stock has been required by the Buyer for over one month the Seller may require the Buyer to take immediate delivery of and make full payment for all outstanding stock and in the event of such payment becoming overdue the Seller may scrap or otherwise deal with the stock at its discretion and the Buyer shall indemnify the Seller against any loss suffered.
7. RISK AND TITLE
- Risk of damage to or loss of the Goods shall pass to the Buyer upon delivery in accordance with 6.1 above.
- Legal title to the Goods shall not pass to the Buyer until the Seller has received full payment of the price of the Goods in cash or cleared funds and all other goods or services agreed to be sold or supplied by the Seller to the Buyer for which payment is then due.
- 7.3 Formes, stereos, sketches, plates, dies, moulds, tooling or samples shall remain the property of the Seller unless otherwise stated in the Contract.
- Until such time as legal title in the Goods passes to the Buyer it shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected, insured with a reputable insurance company and identified as the Seller’s property. Until legal title passes the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall forthwith account to the Seller for the proceeds (of whatever nature) of disposal of the Goods.
- At any time where the Buyer is in default of the terms for payment for Goods or a circumstance stated in 9.1.- 9.4 below arises the Seller shall be entitled to require the Buyer to deliver up the Goods to the Seller immediately and if the Buyer fails to do so to enter upon the place of storage and re-possess the Goods.
- The Buyer shall not pledge or charge by way of security for any indebtedness any Goods where legal title remains vested in the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other remedy of the Seller immediately become due and payable.
- Where property of the Buyer is held by the Seller it shall be held at the Buyer’s risk.
- Each sub-clause of this clause 7 is separate and distinct and shall be severable in the event that any such sub clause is deemed to be unenforceable.
8. LIABILITY
- The Seller shall not be liable in respect of any defect in the Goods arising from any drawing, design, specification or materials supplied by the Buyer, any shortcoming in Goods which accord with samples produced to and approved by the Buyer or any loss suffered due to an alteration to the Goods by the Buyer without the authority of the Seller or otherwise than in accordance with its instructions.
- All warranties, conditions or other terms implied by statue or common law are excluded from the Contract to the fullest extent permitted by law.
- Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with any specification shall be notified to the Seller in writing within 3 working days from the date of delivery and the Seller shall be given full opportunity to inspect such defective goods. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure.
- Without prejudice to 8.3 above the Seller shall have no liability in respect of any defects in bar codes supplied to the Buyer unless the defect is notice to the Seller prior to packing and despatch of relevant bar code items to end users.
- Where the Buyer makes a valid claim in respect of any defect or inadequacy in the Goods in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or refund the Price but the Seller shall have no further liability to the Buyer.
- Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer in respect of a claim of whatever nature for any consequential loss (including loss of profit) damage, costs, expenses or other claims for consequential compensation whatsoever.
- The Seller shall not be liable to the Buyer for any delay or failure in performing its obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller’s reasonable control including, without limitation, strikes, lock-outs, or other industrial actions, or difficulties in obtaining raw materials, labour, parts or machinery.
9. INSOLVENCY OF BUYER
If either:-
- the Buyer makes any voluntary arrangement with its creditors or enters into bankruptcy, administration, receivership, liquidation or an analogous procedure (otherwise than for the purposes of a solvent amalgamation or reconstruction): or
- an encumbrancer takes possession of assets of the Buyer; or
- the Buyer ceases, or threatens to cease, to carry on business:; or
- the Seller reasonably apprehends that any of the events mentioned above is about to occur then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer and, if the Goods have been manufactured or delivered but not paid for, all monies outstanding under the Contract shall become immediately due and payable
10. EXPORT TERMS
- Where the Goods are exported from the United Kingdom the Buyer shall be responsible for complying with any local legislation or regulations governing the importation of the Goods and for the payment of all applicable duties, taxes and other levies of whatever nature.
11. NOTICES
- Notices served in respect of the Contract shall be in writing and addressed to the registered office or the principal place of business of the notified party.
- Notices may be delivered personally, by registered post or by facsimile message.
- Notices shall be deemed served upon delivery where delivered personally, at the time recorded by the relevant postal agent where delivered by registered post and at the time shown on the sender’s written message sent confirmation where delivered by facsimile message.
12. GENERAL
- No waiver by the Seller of any breach of the Contract by the Buyer shall represent a waiver of any subsequent breach.
- The Contract shall be governed by the laws of England and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
13. TRADING
- 1stbox is the trading style of A1house Moving Boxes (Midlands) Ltd
Unit A3, Ashteen Industrial Estate, Oxleasow Road, Redditch, Worcestershire, B98 0RE
Registration Number: 4269424
VAT Registration Number: 787 8921 53