This page (together with the documents referred to on it) tells you the terms and conditions on which we supply to you any of the products (Products) and services (Services) listed on our website www.andrewmartin.co.uk (our site) or our showrooms. Please read these terms and conditions carefully before ordering any Products or Services from our site. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT ANDREW MARTIN
1.1 www.andrewmartin.co.uk is a site operated by Andrew Martin International Limited. We are registered in England and Wales under company number 2017417 and our registered office and main trading address is at Andrew Martin, 190-196 Walton Street, London, SW3 2JL. Our VAT number is 451 070 583. You can email us at: [email protected]
2. SERVICE AVAILABILITY
2.1 Our site is intended primarily for use by people resident in the UK. We also accept orders from individuals resident in other countries but these orders should be placed offline. Please note that our delivery and returns policies differ according to whether you are resident in the UK mainland, non-mainland UK or another international country.
3. YOUR STATUS
3.1 By placing an order through our site, you agree that:
You are legally capable of entering into a binding contract and that you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us confirming that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you this Order Confirmation.
4.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
5. CONSUMER RIGHTS
5.1 This section applies only to individual consumers who order from us. It does not apply to businesses or trade/commercial customers or those individuals who purchase a Product for business or commercial use.
5.2 If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds and Returns Policy (set out in clause 11. below). The exception to this is if you have ordered a "Bespoke" Product (e.g. custom made sofas or chairs) or a product manufactured in "Customer's Own Material" (see 11.3, 11.4 and 11.5 below) or if you have paid for storage (see 7.8 below). For Fabric & Wallpaper products, you may cancel your order provided that the cutting of the Product for your order has not already commenced.
5.3 To cancel a Contract, you must inform us in writing or by email or by telephone. In addition, the Products must be in the same condition in which you received them which means, for the avoidance of doubt and without limitation, that they must be in perfect resaleable condition, unopened and undamaged in any way. You have a legal obligation to take reasonable care of the Products while they are in your possession.
6. PRODUCTS AND SERVICES
6.1 All descriptions of the Products on our site are correct at the time of publication on our site. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
6.2 The measurements of the Products are as accurate as possible.
6.3 We may offer some of our products in bespoke sizes. The final dimensions of the finished Product will be within 2cm of the requested measurements from your order.
6.4 It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the Products and delivery details.
6.5 Our Products are intended for domestic use in the UK. If you want your products to be used for commercial purposes, just let us know at the point of order. We can make the product suitable for commercial purposes (where possible) but there will be a small additional charge to do this. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our Products and that you have no rights to cancel this purchase if you are purchasing the Product in a business capacity.
6.6 Stock availability and delivery dates provided on the website and subsequently communicated in any form are our best estimates and cannot be guaranteed.
6.7 Wallpapers should be hung in accordance with the instructions enclosed within each roll. No claim will be accepted unless the hanging instructions have been followed. No claim will be valid when more than 1 roll has been hung (as any fault should be obvious prior to hanging). We always recommend using a good quality ready mix adhesive to hang the wallpaper.
6.8 Fabric Products delivered should be inspected before cutting to ensure that you are completely satisfied that the fabric is the correct item and in an acceptable state.
6.9 For custom made products upholstered in Customers Own Material (COM), please note that we charge a 15% surcharge on top of the frame price of the item.
7.1 Either we or our nominated delivery partner will contact you to notify you when your Products are available and, subject to the separate provisions below relating to customers resident outside mainland UK or in other international countries, will arrange a date for delivery to the address specified by you.
7.2 Either we or our nominated delivery partner will deliver your Products to any UK mainland address. The charges will vary depending on the size of the Product and the value of your order, but will be indicated when you place your order. We reserve the right to require proof of identification from you when making a delivery to you.
7.3 You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you an additional redelivery fee. This payment will be due before redelivery.
7.4 Our delivery partner for large and medium items (e.g. dining tables, sofas, cabinets, chairs, stools and coffee tables) will contact you to schedule a delivery date. They will provide an estimated delivery time slot approximately 48 hours before delivery, once the delivery route has been planned. If you cancel the delivery later than 8am on the day two days before your delivery date or if you are not available to accept the delivery when our delivery partner arrives at your address within the agreed time slot, we reserve the right to charge you for the cost of the delivery in addition to any delivery charge already paid.
7.5 For deliveries of large items (e.g. dining tables, sofas, cabinets) to any non-mainland UK address, we ask for a higher contribution towards the cost of delivery of £90 and for deliveries of medium items (e.g. chairs, large side tables) to any non-mainland UK address, we ask for a higher contribution of £25.
7.6 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay in delivery timings.
7.7 For deliveries of large items to addresses in mainland UK, our nominated delivery partner will exercise every caution and extend every courtesy during delivery and assembly. Neither we nor they can be held liable for any accidental damage to your property or person, however caused, and only enter your premises under these conditions.
7.8 Our nominated delivery partner will endeavour to deliver the purchased goods to you within 10 working days of receipt in their warehouse. Deliveries are made Monday to Friday, Saturday options are available at an additional charge. Failure for you to accept delivery of these items within a further 15 working days will result in our having the right to charge you storage charges at £20 per week for each large item.
7.9 Our nominated delivery partner will use reasonable endeavours to deliver large items to a room of your choice. The room must be accessible to two delivery people either on the ground floor or via adequate stairs or elevator and without the need for mechanical lifting equipment. Delivery is always subject to the health and safety of the delivery personnel including manual handling guidelines and regulations as laid down by the Health and Safety Executive (www.hse.gov.uk).
7.10 At the time of delivery the Products will usually be unpacked and assembled. When doing so, we will always remove the outer packaging (unless you specifically ask us not to). A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery.
7.11 You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with the delivery carrier. The delivery carrier will immediately direct all queries at this stage to us and we will agree a means of resolving the issues that are presented at this time.
7.12 Your Products will be constructed to the highest possible standards. Should you have any concerns prior to or following delivery please contact us on [email protected] or call us on 0207 225 5100.
8.1 The provisions of this clause 8, apply in addition to your statutory consumer rights in relation to faulty or mis-described goods. These rights are not affected by the guarantee.
8.2 Our upholstered products (e.g. sofa, armchairs and footstools) are guaranteed for 5 years from the date of delivery. All other furniture is guaranteed for 1 year. This guarantee is against faulty workmanship and/or faulty materials, with the exception of fillings and coverings.
8.3 These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by a third party. If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
8.4 In the event of a claim under guarantee occurring, please contact [email protected] giving your sales invoice number, your address, contact details and a summary of the problem with accompanying photos if requested. We will then notify you whether the claim is valid via telephone or e-mail within a reasonable period of time.
8.5 In the event of an accepted claim we will endeavour to repair the defective goods free of charge. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund.
8.6 We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered goods, over and above the value of the actual goods themselves supplied by us. This does not affect your statutory rights.
9. RISK AND TITLE
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
10. PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include VAT but exclude any delivery costs which will be added to the total amount due as set out in our delivery charges.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, very occasionally, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6 Payment for all Products may be made by personal cheque (which must be received and cleared before delivery), bank transfer, credit or debit card or via PayPal. Purchases made by trade customers should not be made by credit card.
10.7 Products cannot be delivered until full payment has been received.
11. OUR REFUNDS AND RETURNS POLICY
11.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the 14 day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the Product back or the date on which you provide evidence of having sent the Product to us. In this case, we will refund the price of the Product in full provided that there is no evidence of use and in the case of paint, provided that the tins are unopened. Please note that we can't accept returns of paint sample pots as we have no way of guaranteeing that they have not been opened (given that they are screw top and have no clips). Please also note that once fabric has been cut from the roll, it cannot be returned without a 25% handling charge being applied. If we or our nominated partner delivered the Product which is a large item (eg a sofa) to you directly (and you are resident in the UK mainland), we will collect the unwanted Product however charges do apply - please see the returns policy section in our FAQs page for further details). Please note that the same return charges also apply if the product has been dispatched from our warehouse to our courier partner but not yet been delivered. If you are returning the items yourself (e.g. via your nominated courier partner) it is your responsibility to ensure that these arrive with us undamaged, and we do not accept any liability for goods lost in transit. Please contact us at [email protected] for the returns address.
(b) for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via telephone or 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 defective Product. Products delivered by us to you in mainland UK and returned by you because of a defect 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 (if any). These charges and costs are to be agreed with us in writing in advance of you incurring them. We will only refund delivery charges where an entire order has been returned.
(c) for the reason that the goods arrive damaged, you must notify us within 24 hours of delivery with photographic evidence of the damaged products in order for replacement goods to be sent out free of charge. No such claims will be accepted after the 24 hours has lapsed.
11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.3 Where you have ordered a product that is made to order (from our 'custom' furniture ranges) e.g. upholstered chairs, sofas & headboards, there will be a 40% restocking charge should you wish to return the item. The remaining 60% will be refunded.
11.4 Where you have ordered an "order on demand" lighting product from us, there will be a 20% restocking charge for this item should you wish to return the item. The remaining 80% will be refunded to you.
11.5 All paint orders are tinted and made to order and are therefore non-returnable and non-refundable. Where you have ordered a custom paint colour (using our custom colour service), the paint is non-returnable. In addition custom colours are considered bespoke products, manufactured specifically to order, and are therefore, excluded from the right to cancel.
11.6 Where you have ordered a product covered in your own material ("Customer's Own Material" is any material that is not part of the Andrew Martin Fabric range as shown on our website), there will be a 50% restocking charge should you wish to return the item. The remaining amount will be refunded. We are not liable or responsible for the quality of the material being supplied, or the condition in which it arrives to you, although we will make every reasonable endeavour to ensure it arrives in good condition.
11.7 Bespoke Products (e.g. an item on our website that you specifically request to be altered in a certain way to suit your own requirements - such as a bespoke width sofa size) are treated in the same way as Customer Own Fabric products in above clause 11.3. This is in accordance with the guidelines for tailor made items set out by the Consumer Contracts Regulation of 2014. Further information can be found on the Which? Consumer Rights website.
11.8 Once you have placed an order for either a Customer's Own Material product or a Bespoke product (e.g. bespoke-width sofas) the order may not be cancelled as per Clause 5 above since work may have been started on creating these items.
11.9 Storage fees charged in accordance with clause 7.8 will not be refunded and any unpaid storage fees will be deducted from the amount of any refund.
11.10 With Fabric and Wallpaper Products, returned items will be accepted within a 14 day period provided they have not been used, cut or damaged in any way. Please note that we cannot accept returns of wallpaper that is sold by linear metre, as this has to be cut off a roll so is considered a bespoke product. Carriage charges associated with the return of this product will be borne by the customer.
12. OUR LIABILITY
12.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
12.3 This does not include or limit in any way our liability:
for death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories inclusive of this clause 12.4.
13. IMPORT DUTY
13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. WRITTEN COMMUNICATIONS
14.1 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 condition does not affect your statutory rights. In the event of a questions or complaints please email [email protected] See section 23. below for details of the complaints process.
15.1 All notices given by you to us, must be given to Andrew Martin, 190-196 Walton Street, London. SW3 2JL or emailed to [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
mail was sent to the specified e-mail address of the addressee.
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 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:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks;
The acts, decrees, legislation, regulations or restrictions of any government.
17.3 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.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and 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.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
19.1 If any of these terms and Conditions or any provisions of a 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.
20. ENTIRE AGREEMENT
20.2 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 terms and conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and 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.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and 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 terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. COMPLAINTS PROCESS
23.1 If you have any complaints about the products or service that we have provided, please contact [email protected] and we will do our very best to resolve it.
24. TERMS OF WEBSITE USE
25. INTELLECTUAL PROPERTY RIGHTS
25.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
25.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
25.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
25.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
25.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us.
25.7 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
26. OUR LIABILITY
26.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
26.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
27. TRANSACTIONS CONCLUDED THROUGH OUR SITE
27.1 Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our terms of conditions of supply.
28. VIRUSES, HACKING AND OTHER OFFENCES
28.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
28.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
28.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
29. LINKING TO OUR SITE
29.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
29.2 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
29.3 If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]
30. LINKS FROM OUR SITE
30.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Jurisdiction and applicable law.
32. YOUR CONCERNS
32.1 If you have any concerns about material which appears on our site, please contact us and let us know.
33.1 Andrew Martin International Limited are committed to protecting and respecting your privacy at all times.
33.3 For the purpose of the Data Protection Act 1998 (Act), the data controller is Andrew Martin International Limited, 190-196 Walton Street, London, SW3 2JL.
33.4 We may record telephone conversations to use in our internal staff training programme.
34. PERSONAL DATA WE COLLECT FROM YOU
34.1 We may collect, process and store the following data about you:
i) When you purchase a product Online, in one of our stores or by phone
ii) When you order a brochure of fabric sample from Andrew Martin
iii) When you sign up for our email newsletter
iv) When you review or comment on our products and services
v) When you engage with us on social media or through surveys we may send you
vi) When using our website, we may collect technical data about your equipment, browsing behaviour and any websites that referred you to andrewmartin.co.uk. We collect this personal data by using cookies and other similar technologies.
vii) When you apply for a trade account with us through our website, over the phone or in one of our Retail stores.
34.2 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
34.3 To deliver the best possible web experience, we collect Technical Data including internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
34.4 HOW AND WHY WE USE YOUR PERSONAL DATA
34.4.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
34.4.2 If you choose not to share personal data with us, or refuse certain contact permissions, we might not be able to provide some services you asked for. Examples of how we use information held about you include:
34.5. WHO DO WE SHARE YOUR DATA WITH?
34.5.1 We may have to share your personal data with the parties set out below for the purposes of operating our business. Examples of these third parties we would share your data with are:
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
In order to protect your privacy we will:
34.7. INTERNATIONAL TRANSFER OF DATA
34.7.1 We will never transfer your data outside of the EEA in compliance with data protection laws.
34.8 PROTECTING YOUR DATA
34.8.1 The security of your personal data is very important to us and we are committed to treating it with the utmost care, taking all appropriate steps to protect it. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Access to your personal data is password-protected, and sensitive data (such as payment card information) is secured and tokenised to ensure it is protected.
34.8.2 We secure access to all transactional areas of our websites and apps using 'https' technology.
34.8.3 We regularly monitor our system for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security.
34.9 KEEPING YOUR DATA
34.9.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
34.9.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. For example, if your order included a product guarantee, the associated personal data will be kept until the end of the guarantee period.
34.9.3 At the end of that retention period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.
34.10 WHAT ARE YOUR RIGHTS OVER YOUR PERSONAL DATA?
34.10.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
34.10.2 Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
34.10.3 Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
34.10.4 Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it.
34.10.5 Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
34.10.6 Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
34.10.7 Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
34.10.8 Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.
34.10.9 You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels. We must and will always comply with your request.
If you wish to exercise any of the rights set out above, please contact:
Data Privacy Officer
Andrew Martin International
190-196 Walton Street, London, SW3 2JL
or email [email protected]
34.10.10 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
34.10.11 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
34.10.12 We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.