1.1 In this contract “the Company” shall mean Heritage Leathergoods Company Limited.
1.2 All sales are made subject to the following terms and conditions. All conditions of the Customer or other terms, conditions or warranties whatsoever or any variation thereof are excluded from the contract unless expressly accepted by the Company in writing.
2.1 All orders are accepted on the basis that delivery is made to the Customers store or premises unless agreed in writing by the Company.
2.2 In this contract time is not of the essence. Any despatch dates quoted are given in good faith and are subject to the availability of raw materials. While every effort will be made by the Company to effect despatch in accordance with any pre-arranged dates, no guarantee as to the dates of despatch by the Company is to be implied and the Company will not accept any liability for any loss or damage occasioned by delay in despatch however caused.
2.3 If goods are made to the Customers own specification, the Company reserves the right to supply 10% more or less than the exact quantity ordered. Any such excess or shortage will be charged for or deducted pro-rata.
2.4 No claim for loss due to non delivery, delay or loss of goods or of damage to the same will be entertained by the Company unless the following conditions are observed:
(a) Non-delivery or delay must be reported to the Company in writing within 14 days of receipt of the Company’s invoice.
(b) Any shortage and/or damage in transit must be reported in writing to the Carrier and to the Company within three days of delivery. Where goods are accepted from the Carrier unchecked, delivery sheets must be signed “Not examined”
2.5 If a claim is made under 2.4 the limit of the Companies liability shall be the cost of the replacement of the items supplied and any claim for consequential loss and/or damage is herby excluded.
3.1 Prices quoted within any price list are net. exclusive of VAT unless otherwise stated and may be liable to change without notification.
3.2 All prices are subject to fluctuation in the event of any increase in the cost of labour due to local or national awards, or increases in the cost of materials or overheads. In the event of any increase in such costs during the production of an order placed by the Customer, the Company reserves the right to alter the prices quoted. In such a case the Company will provide the Customer with 14 days written notification of its intention.
3.3 Carriage will be charged at cost unless otherwise advised.
Risk and Title:
4.1 The risk in the goods shall pass to the Customer when the Company delivers the goods in accordance with the terms hereof to the Customer or his agent or other person to whom the Company has been authorised by the Customer to deliver the goods, and the Company shall have no responsibility in respect of the safety or condition of the goods thereafter and accordingly the Customer should insure the goods thereafter against such risks (if any) as he thinks appropriate. For the purpose of this clause “delivery” shall mean the arrival of the goods at the requested place of delivery where delivery is made by the Company, or the safe loading of goods into the Customers vehicles at the Company’s premises where delivery is made by collection by the Customer.
4.2 Title to the goods shall remain with the Company, which reserves the right to dispose of the goods until payment in full for all the goods under this Contract and all other prior contracts between the Company and the Customer has been received by it in accordance with the terms of this Contract or until such time as the Company sells the goods to its customers by way of bona fide sale at full market value. If any such payment is overdue in whole or in part, the Company may (without prejudice to any of its other rights) recover or re-sell the goods or any of them and may instruct its officers, employees or agents to enter any premises of the Customer or any third party where the goods are stored for that purpose. Such payment shall become due immediately upon the commencement of any act or proceeding in which the Customers solvency is involved.
4.3 Until title to the goods has passed to the Customer pursuant to the terms hereof, the Customer shall hold the goods as fiduciary agent and bailee of the Company on the terms of this Contract and if the Company so requires the Customer shall keep the goods separately from any other goods of the Customer or any third party and properly stored, protected, insured and clearly identified as the property of the Company.
4.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any goods which remain the property of the Company, but if the Customer does so, all moneys owing to the Customer to the Company shall (without prejudice to any of its other rights) forthwith become due and payable.
Terms of Payment:
5.1 Unless otherwise agreed by the Company in writing accounts shall become due and payable within 30 days from date of invoice.
5.2 In the event of default in payment by the Customer the Company shall be entitled without prejudice to any other right or remedy to charge interest at 4% above current Bank Interest Rate on all outstanding amounts and to suspend processing and despatch until the account is brought completely up to date.
5.3 Where goods are delivered by instalments the Company may invoice each instalment separately and the Customer shall pay such invoices in accordance with these Terms and Conditions.
5.4 No disputes arising under the contract nor delays beyond the reasonable control of the Company shall interfere with prompt payment in full by the Customer.
6.1 The Contract shall be governed and construed by the Law of England.
GDPR & Data Protection:
7.1 Your Personal Data – What is It?
Personal data relates to a living individual that can be identified by the data provided to us. Identification can be by the information supplied or in conjunction with other information in the data controller’s possession or likely to come into possession. The processing is governed by [the General Data Protection Regulation 2016/2017 (abbreviated to “GDPR”)]
7.2 Who decides how your information is processed?
Heritage Leather Goods Limited data controller is Lyn Sparrow
Address: 24-32 Princip St, Birmingham B4 6LE.
Telephone No: 0121 359 0629
This person decides how your personal data is processed within our organisation.
7.3 How do we process the information you provide?
Heritage Leather Goods Limited complies with all obligations under GDPR by keeping your personal data safe, secure and up to date. This includes storing, destroying, or retaining excessive amounts of data. They are also responsible from loss or misuse, preventing unauthorised access and disclosure and that appropriate technical measures are in place to make sure your information is secure.
7.4 For what purpose will your data be processed?
Heritage Leather Goods Limited will use your data to enable use to supply goods and services to you during our normal business activity.
Heritage Leather Goods Limited may also take details from you which may be used to process credit checks, or credit applications. This information may be passed to other third-party organisations, such as banks, accredited credit agencies, and suppliers
In addition, with your agreement we may use the information supplied to send you special offers, newsletters, and other information which you be interested in receiving.
We may also use the data as part of our quality system to request feedback on our services and help us improve our delivery to customers.
7.5 What is the legal basis for processing your personal data
Heritage Leather Goods Limited have a lawful basis under Article 6(1)(b) to the GDPR regulation which gives us a lawful basis for processing. This includes where processing is necessary for the performance of a “Contract” to provide goods or services, to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
Where you the customer have requested a quotation for goods and services and we need to obtain personal data to provide you with the information requested.
We may share your information to other parties in fulfilment of a contract, this may include credit agencies, financial institutions, our suppliers, and delivery companies.
Where Heritage Leather Goods Limited need to process the personal data to comply with a common law or a statutory obligation.
7.6 Informed Consent
Only with your agreement Heritage Leather Goods Limited may use your data Name, Telephone No, email address, for our own marketing purposes, will not sell or share your personal data with other companies.
Heritage Leather Goods Limited may also use your personal data during their operations to improve the quality of their goods and services.
If you decide to order goods and service from us we may at that time ask you to provide consent so that we can send you information, such as exclusive offers, and newsletters. In which case we will ask you to complete a form for us to undertake this activity.
7.7 Your Rights under GDPR
- You have the right to request a copy of the personal data Heritage Leather Goods Limited holds about you.
- The right to correct any inaccurate personal information
- The right to request erasure of personal information where it is no longer necessary to retain the information for statutory contractual purposes
- The right to withdraw your consent for processing at any time if consent is relied upon as a processing condition
- The right to request that the data controller provide the data subject with his/her personal data and where possible to transmit that data directly to another data controller (known as the right to data portability) [this only applies where processing is based on consent or is necessary for the performance of a contract with the data subject and in either case the data controller processes the data by automated process.
- The right where there is a dispute in relation to the accuracy or processing of your personal data to request a restriction be placed on further processing
- The right to object to the processing of personal data (only applies where processing is based on legitimate interests)
- The right to lodge a complaint with the Information communication Office. 0303 123 1113 or email https://ico.org.uk/gloabal/contact-us/email/
7.8 Further processing
Should Heritage Leather Goods Limited wish to use your personal data for any other reason not covered by this data protection notice we will provide you with a new notice explaining this new use prior to commencing the processing.